Free Declaration in Support - District Court of California - California

Case 5:07-cv-02795-JW

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LAW OFFICES OF BRANDON A. BLOCK Brandon A. Block (State Bar No. 215888) 6535 Wilshire Boulevard Suite 203 Los Angeles, California 90048 Telephone: 310.562.7749 Facsimile: 310.496.1420 Attorneys Appearing Specially for Defendants EDWARD H. OKUN, OKUN HOLDINGS, INC., INVESTMENT PROPERTIES OF AMERICA, LLC, and RICHARD B. SIMRING UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ANITA HUNTER, Plaintiff, vs. EDWARD H. OKUN, OKUN HOLDINGS, INC., INVESTMENT PROPERTIES OF AMERICA, LCC, RICHARD B. SIMRING, and DOES 1 through DOES 50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. C07 02795 JW DECLARATIO OF SPECIALLYAPPEARI G DEFE DA T EDWARD H. OKU I SUPPORT OF SPECIALLY-APPEARI G DEFE DA TS' MOTIO TO DISMISS FOR LACK OF PERSO AL JURISDICTIO Date: Time: Courtroom: Judge: September 17, 2007 9:00 a.m. 8, 4th Floor Hon. James Ware

[Notice of Motion, Motion to Dismiss, Declaration of Richard B. Simring and [Proposed] Order filed concurrently herewith]

DECLARATION OF SPECIALLY-APPEARING DEFENDANT OKUN--CASE NO. C07 02795 JW

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6535 WILSHIRE BOULEVARD, SUITE 203, LOS ANGELES, CALIFORNIA 90048

DECLARATIO OF SPECIALLY-APPEARI G DEFE DA T EDWARD H. OKU I, Edward H. Okun, hereby declare: 1. I am the sole shareholder and an officer of specially-appearing defendant Okun

Holdings, Inc. ("Holdings"). I also am the sole member of specially-appearing defendant Investment Properties of America, LLC ("IPofA"). I am authorized to testify on behalf of Holdings and IPofA. I am specially appearing to submit this declaration in support of the Motion to Dismiss plaintiff Anita Hunter's Complaint for Lack of Personal Jurisdiction filed by myself, Holdings, IPofA and specially-appearing defendant Richard B. Simring in this action. I have personal knowledge of the facts set forth herein and, if called as a witness, I could and would testify competently to these facts. Holdings' Lack Of Contacts With California 2. Holdings is incorporated under Virginia law and it maintains its headquarters in

Richmond, Virginia. It is qualified to do business only in Virginia. While Holdings was formed to be a holding company, it never has maintained any ownership interest in any subsidiary company, never has had any assets, and never has operated, conducted, engaged in or carried on any business. 3. 4. California. 5. 6. 7. 8. 9. 10. Holdings has never owned any real or personal property in California. Holdings never has advertised in California. Holdings never has made or sold goods or services to residents of California. Holdings never has designated an agent for service of process in California. Holdings never has paid or been assessed any taxes by the State of California. Holdings never has commenced a legal action in a court located in California. Holdings never has had an office or business agent in California. Holdings never has had a mailing address, telephone number or bank account in

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IPofA's Lack Of Contacts With California 11. IPofA is a real estate investment and management company organized under

Virginia law, and it maintains its headquarters in Richmond, Virginia. It is qualified to do business

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6535 WILSHIRE BOULEVARD, SUITE 203, LOS ANGELES, CALIFORNIA 90048

only in Virginia and Indiana. IPofA never has operated, conducted, engaged in or carried on any business in California. 12. 13. California. 14. 15. 16. 17. 18. 19. IPofA has never owned any real or personal property in California. IPofA never has advertised in California. IPofA never has made or sold goods or services to residents of California. IPofA never has designated an agent for service of process in California. IPofA never has paid or been assessed any taxes by the State of California. IPofA never has commenced a legal action in a court located in California. IPofA never has had an office or business agent in California. IPofA never has had a mailing address, telephone number or bank account in

My Lack Of Contacts With California 20. 21. I am a resident of Miami-Dade County, State of Florida. I do not have a residence, mailing address, telephone number, bank account,

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investment account, office, agents or a place of business in California. 22. 23. 24. 25. I do not operate, conduct, engage in or carry on any business in California. I do not own, lease or possess any real property in California. I do not pay income or property taxes to the State of California. I never have commenced a legal action in a court located in California.

BRANDON A. BLOCK

Tax Group And 1031 Advance, Inc. ("Advance") 26. Tax Group is organized under Delaware law and it maintains its headquarters in

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Richmond, Virginia. It is the parent company of Advance. 27. Holdings is not a parent or subsidiary company of Tax Group or Advance. IPofA is

not a parent or subsidiary company of Tax Group or Advance. Neither Holdings nor IPofA has ever controlled Advance's day-to-day operations 28. Advance was previously operating as a qualified intermediary when it was acquired

by my interests in 2005. The prior owners were retained as management.

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6535 WILSHIRE BOULEVARD, SUITE 203, LOS ANGELES, CALIFORNIA 90048

29.

I am the sole owner and officer of Advance, but, since acquiring Advance, I have

never run or operated it, nor have I ever been involved in its day-to-day operations. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 29th day of June 2007 at Hialeah, Florida.

/s/ Edward H. Okun SIGNATURE ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

/s/ Brandon A. Block

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