Free Declaration in Support - District Court of California - California

Case 3:07-cv-02417-MHP

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Filed 08/24/2007

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GOLDBERG, STINNETT, DAVIS & LINCHEY 2 A Professional Corporation DENNIS D. DAVIS, ESQ. CA Bar #070591 3 44 Montgomery Street, Suite 2900 San Francisco, CA 94104 4 Telephone: (415) 362-5045 Facsimile: (415) 362-2392 5 Attorneys for Appellant, Jeffrey E. Hoffman 6 7 8 9 10
GOLDBERG, STINNETT, DAVIS & LINCHEY

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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44 MONTGOMERY STREET, SUITE 2900 SAN FRANCISCO, CALIFORNIA 94104

JEFFREY E. HOFFMAN, Plaintiff, vs. THOMAS R. LLOYD, an individual, EDWARD L. BLUM, an individual, and DOES 1 through 20, inclusive,, Defendants. THOMAS LLOYD, Cross-Plaintiff, vs. JEFFREY E. HOFFMAN, dba H&B PROPERTIES; H&B PROPERTIES, LLC; J. EDWARDS INVESTMENT GROUP, INC., and NORCAL FINANCIAL, INC., Cross-Defendants.

No. 3:07-CV-2417 MHP

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A PROFESSIONAL CORPORATION

LAW OFFICES

Date: Time: Place:

Judge:

September 24, 2007 2:00 p.m. Courtroom 15 18th Floor 450 Golden Gate Ave. San Francisco, CA 94102 The Hon. Marilyn Hall Patel

DECLARATION OF DENNIS D. DAVIS RELATING TO APPEAL BRIEF I, DENNIS D. DAVIS, declare: I am an attorney licensed to practice law in all courts of the State of California, and am 1
DECLARATION OF DENNIS D. DAVIS RELATING TO APPEAL BRIEF 10329.705/113814.DOC

Case 3:07-cv-02417-MHP

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GOLDBERG, STINNETT, DAVIS & LINCHEY

a member of the law firm of Goldberg, Stinnett, Davis & Linchey, A Professional Corporation, counsel for Jeffrey E. Hoffman, H&B Properties LLC, J. Edwards Investment Group, Inc. and Norcal Financial, Inc., and in such capacity, I am personally familiar with each of the facts stated herein, to which I could competently testify if called upon to do so in a court of law. 2. Mr. Goodrich has accused me of "doctoring" documents. I never doctored any

documents, nor did I represent that handwritten notes on Mr. Hoffman's declaration were made by Mr. Hoffman. Indeed, many of the exhibits and pleadings, marked as excerpts of record, contain handwritten notes, such as EOR-1, 2, 30 and 346. I have made no attempt to represent whose notes these are and in most cases, I do not know. Furthermore, I believe that anyone reading the document referenced by Mr. Goodrich could see that the handwritten interlineation is followed by a question mark and would reasonably assume that it was an attorney notation. The copy of the declaration I included in the excerpt of record is the copy I received from Mr. Pahl's office, when I joined the case in midstream. 3. On June 26, 2007, this Court ordered, after an ex parte "emergency" motion, that

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44 MONTGOMERY STREET, SUITE 2900 SAN FRANCISCO, CALIFORNIA 94104

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A PROFESSIONAL CORPORATION

LAW OFFICES

appellants should reimburse Lloyd for any and all expenses incurred in the restoration of the property relating to the damages which Lloyd alleged had occurred in his "emergency" motion. In compliance with that order, I wrote to Donald Drummond, one of Mr. Lloyd's attorneys, and asked him to supply us with evidence of damage and copies of any invoices. A copy of that June 27, 2007 letter, which was faxed to Mr. Drummond, is attached hereto as Exhibit "A". I never received a response from Mr. Drummond, or from anyone else. Because of that lack of any response, I obtained a Bankruptcy Court order requiring Lloyd to turn over, among other things, all records relating to any such repairs on August 3, 2007. A copy of that order is attached hereto as Exhibit "B". The order called for Lloyd to turn over documentation of any repairs on August 21, 2007. To date, no responsive documents have been turned over. If there was any damage caused relating to the "emergency" motion, it has still not been supplied to me. //// //// 2
DECLARATION OF DENNIS D. DAVIS RELATING TO APPEAL BRIEF 10329.705/113814.DOC

Case 3:07-cv-02417-MHP

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Filed 08/24/2007

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GOLDBERG, STINNETT, DAVIS & LINCHEY

I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on August 24, 2007 at San Francisco, California. /s/ DENNIS D. DAVIS

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DECLARATION OF DENNIS D. DAVIS RELATING TO APPEAL BRIEF 10329.705/113814.DOC

A PROFESSIONAL CORPORATION

LAW OFFICES