Free Declaration in Support - District Court of California - California

Case 3:07-cv-02748-MHP

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HARVEY SISKIND LLP IAN K. BOYD (State Bar No. 191434) [email protected] SETH I. APPEL (State Bar No. 233421) [email protected] RAFFI V. ZEROUNIAN (State Bar No. 236388) [email protected] Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 Attorneys for Plaintiff/Counterdefendant Mark Lillge d/b/a Creative Marketing Concepts

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS, Plaintiff, vs. ANDREW VERITY and CHRISTINA CHANG. Defendants. ANDREW VERITY and CHRISTINA CHANG, Counterclaimants, v. MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS, and DOES 1-10, Counterdefendants. Case No. C 07-02748 MHP DECLARATION OF GINA LEE

DECLARATION OF GINA LEE

Case No. C 07-02748 MHP

Case 3:07-cv-02748-MHP

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I, Gina Lee, declare as follows: 1. I am over the age of eighteen years. I make this declaration freely and of my own

personal knowledge. If I were called as a witness, I could and would competently testify to the matters set forth. 2. I am a Business Development Officer at Chevron Federal Credit Union ("CFCU"). I

have held this position since July 2006. As part of my duties at CFCU, I negotiate for, and order, promotional products on behalf of CFCU. 3. In 2006 and the first part of 2007, I worked with Christina Chang at Creative

Marketing Concepts ("CMC") regarding certain orders for promotional products on behalf of CFCU. During that time, I believe that I placed between five to ten orders with CMC, some through Ms. Chang, on behalf of CFCU. CMC is a preferred vendor of CFCU. 4. In approximately April or May 2007, I notified CMC, through Christina Chang, that

CFCU had a need for certain health-related and youth-related promotional items, and a budget of approximately $20,000 to spend on such items. To the best of my knowledge, the fact that CFCU had this immediate need, for these types of products, and the amount of money that we had allocated to spend on such purchases, was not information known outside of CFCU. 5. In May 2007, Ms. Chang sent me an e-mail on what I believe was her last day at

CMC, advising me that she was leaving. I called Ms. Chang and left her a voicemail asking her to call me back when she had a moment. The purpose of my call to Ms. Chang was to ask her who would be handling my account after she left CMC. 6. I next heard from Ms. Chang the following week. She called me to say that she was

going to start her own promotional products business. She further stated that she would provide me with some samples regarding the proposed transactions I had been discussing with her at CMC regarding CFCU's purchase of approximately $20,000 worth of health-related and youth-related promotional items. At that time, I politely advised Ms. Chang that I preferred to stay with CMC. 7. Despite the above, her husband, Andrew Verity, came to my office unannounced and

brought me the samples that Ms. Chang had referred to. I was not expecting Mr. Verity at my office, and I never requested that he come to my office.
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DECLARATION OF GINA LEE

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8.

I was somewhat taken aback by Mr. Verity's visit, as I have never had such a vendor

show up unannounced. I was also somewhat irritated, as I believed that my communications with Ms. Chang regarding my needs for CFCU were communicated confidentially between CFCU and CMC, and by this point I found it very inappropriate for Ms. Chang to pursue this transaction with me after she had left CMC. 9. After her husband came to my office unsolicited, Ms. Chang called me to follow up to

ask that I pursue the transaction with her. I told Ms. Chang that I was uncomfortable doing business with her, and did not wish to do business with her. 10. As a result of Ms. Chang's conduct, I was uncomfortable with CMC, as Ms. Chang

had taken the confidential information regarding my company's needs with her to her new company. I was also quite unhappy with Ms. Chang that she was using this confidential information to solicit my business. Accordingly, I did proceed to execute the transaction for approximately $20,000 worth of health-related and youth-related promotional products, but I ultimately made these purchases (that I had originally intended to purchase from CMC) from a third party, which was neither CMC nor Ms. Chang's new company. 11. On May 21, 2007, Ms. Chang contacted me again. She solicited me to purchase some

house-shaped note clips, which are real-estate related promotional products. I had advised Ms. Chang of my interest in such products on behalf of CFCU while she was at CMC. The next day, I responded to Ms. Chang, and asked that she "not send me any more samples. I am going to continue doing business with our preferred vendor, Creative Marketing Concepts." A copy of our e-mail exchange is attached as Exhibit A. 12. In August 2007, Ms. Chang contacted me again by leaving me a message to advise

that she was sending me a catalog. 13. Later that month, Ms. Chang contacted me again by sending me a catalog on behalf of

her company, Branding Boulevard. I did not request this catalog, nor did I request that Ms. Chang contact me again on behalf of her company.

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DECLARATION OF GINA LEE

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14.

In December 2007, Ms. Chang contacted me again by calling me to solicit my

business. I again declined to do business with her, and further stated that it was my understanding that there was a court order in place that precluded her from initiating further contact with me. At this point Ms. Chang began making malicious statements that I found to be unprofessional and inappropriate regarding CMC and how she believed that the court order did not prevent her from contacting me. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed this 31st day of January 2008, in Oakland, California. xxxxxxxxxxxxxxxxxxxxxxxxxxxx Gina Lee

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DECLARATION OF GINA LEE

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