Free Affidavit in Opposition to Motion - District Court of California - California

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1 CHANDLER, WOOD, HARRINGTON & MAFFLY
RICHARD HARRINGTON (Bat #28099)
2 One Maritime Plaza, 4th Fleer
Sam. Francisco, CA 941 il
3 Telephone: (415) 42.1-5484
Facsimile: (415) 936-4374
4
SHARTSIS FRIESE LLP
5 ROBERT CHARLES WARD (Bar #160824)
One Maritime Plaza, Eighteenth Fleer
6 San Francisco, CA 941I l
Telephone: (415) 421-6500 _
7 Facsimile: (4l5) 42E -2922
Email: 1ward@/sflaw.cem
S
DE LA HOUSAYE & ASSOCIATES ·
9 C. ANGELA DE LA HOUSAYE (Bar @44218)
FLARYNE T. GHANTOUS (Bar #191309)
10 1655 N. Main Street, Suite 395 t
Walnut Creek, CA 94596
- ll Facsimile: (925) 944-3343
3 E E IQ Phone: (925) 944-33 00
gj g · 12 Email: [email protected]
Qé g 13 Attorneys for Defetidants and Ceurtterclaimatits
Q Ec gg ANDREW VERITY and CHRISTINA CHANG
""
m C 15 UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA
17 _ SAN FRANCISCO DIVISION _
18
19 MARK LILLGE éfbfa CREATIVE _ Case N0. C 07-02748
IVIARKETUQG CONCEPTS,
20 DECLARATION OF DOUG DIFRANCO IN
Plaintiff, OPPOSITION TO APPLICATION FOR
21 ORDER T0 SIIOW CAUSE RE:
v. CONTEMPT
22
ANDREW VERITY and CI·IRlS'l`INA Date: Merch 3, 2008
23 CI-IANG, Time: 2:00 pm.
Dept: 15, Hort. Marilyn Hall Patel
24 Defendants.
25
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27 ·
2.8
- 1 ..
CMC N0. DECI. OF CHRESTINA Cl-1ANG IN OPP 2`O APPLECATION FOR
C 07-02743 esc rua; cememer _

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` 1
ANDREW VERITY and CHRISTINA
2 CHANG,
3 Counter-Claimants,
4 v.
5 MARK LILLGE d/in/a CREATIVE -
6 gx/ESLRIQETING CONCEPTS, and DOES 1 —
7 Counter-Defendants.
8
9 l, DOUG DIFRANCO, declare as follows:
to l. My name is- Doug Diliranco. l have persorral knowledge of the facts set forth
I it herein and, if called as a witness, i could and would testify thereto under oath.
12 2. I first learned of CMC after receiving a telephorie call from Christina Chang
13 looking to speak to Kaiser Public Affairs contact in approximately 2006- I was pleased with Ms
14 Chang’s service levels and abilities to heip me on multiple projects. We developed a good
15 personal rapport throughout those years. l have programmed her cell phone number into my
E6 phone as marry of the jobs she did were rushes and required after hours or off site contact help.
17 3. On May ll 2006, l received an email from Ms Chang stating that it was her last
tg day at Creative Marketing Concepts. I responded on May il to her persona} email asking what
19 she would be doing. This was because we had developed a personal relationship and Iwanted to
20 make sure everything was OK. with Christina. ltelephoned Ms. Chang the following week and we
31 agreed to stay in contact- and she was to update me with her company information which she did
22 on May 22.
23 4. l subsequently placed and order with Ms Chang in August 2007. I solicited quotes
24 from a local vendor at the time but Ms Char1g’s pricing was more competitive, with better
Q5 delivery time and with help in re-woritiog my button art design.
26 5. in mid-September 2007, l received a call from Mark Liilge at CMC. He asked ifi
27 had secu an einaii he had sent about Ms Chang describing a temporary restraining order against
28 her.- l said I had riot and Mr. Lillge otfered to resend that email. I got the same re—seod email

C 07-02743 osc as: cortrsmrr

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E over 5 times at the same time, I-Ie called me shortly after that and asked me what my thoughts
2 about the email. I expressed that I was not interested in the details and did not want to be put in
3 the middle of this situation.
4 6. I found Mr. Lillge’s behavior and sales calls Eequency high. I prefer not to deal
5 with any vendor with aggressive selling techniques. Nin Lillge’s frequent phone calls
6 discouraged me from dealing with his Erm.
7 7. At Kaiser Permanente there is a contracted preferred vendor for Kaiser offices to
8 purchase promotional products onftine. There are also many other vendors available to
9 acquire products and infomation from. In fact local vendors stop by the office regularly. I am
10 free to buy from multiple vendor contacts if Kaiser Permanente contracted vendor fails to meet
2 l l my project requirements.
12 Executed this Lgiiiay of February 2008 at N0 ci-¤·€i*¤ , California.
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Case 3:07-cv-02748-MHP

Document 107

Filed 02/15/2008

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