Free Statement - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
CASE NO. CIV 03 2353-PHX-DGC
CENTURY 21 REAL ESTATE CORPORATION,
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DARYUSH B. MOTLAGH AND JANE DOE MOTLAGH, HUSBAND AND WIFE;
INTEGRITY ASSURANCE,
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EXHIBIT TO CENTURY 21 REAL ESTATE CORPORATION’S: (1) RENEWED {
MOTION FOR SUMMARY JUDGMENT ON ITS BREACH OF CONTRACT f
AND UNJUST ENRICHMENT CLAIMS; AND (2) MOTION FOR SUMMARY A R
JUDGMENT ON COUNTERCLAIMS I _
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EXHIBIT 30 A
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Case 2:03-cv-02353-DGC Document 78-35 Filed O7/O7/2006 Page 1 of 3
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1 FENNEMORE CRAIG, P.C. I
_ Janet Weinstein (glo. 011910)
2 Kemp J`. Bonner 0. 017944)
Sherida Colvin glo. 022392)
3 30{I13 North Cen el Avenue
Suite 2600
4 Phoenix, Arizona 3501242913
[email protected]
5 (602) 916-:»UOD
5 Attorneys for Plaintiff
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- UNITED STATES DISTRICT COURT -
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DISTRICT OF ARIZONA
3,0 Century 21 Real Estate Corporation,
11 Plaintifti No. mv os 2353-PHX-Doc
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1 3 Darjyush B. Motlagh and Jane Doe DECLARATION (JF
Motlagh, husband and wife; John CHARLES MCLEAN
]_ 4 Edmonds and Jane Doe Edrnontis,
husband and wife; Integrity Assurance, I
l 5 Ino. am Arizona verporation,
;1_ 5 . Defendants. p
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I, Charles McLean, rnake this declaration under the authority of 28 U.S.C. § 1746, 1
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and declare 8.5 follows: { -
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1. I am as reel estate broker in the State of Arizona and I own a Century 21 Real 4
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Estate Corporation (‘°CR.EC’°) tianehise by the name of Century 21--Metro Alliance. I j
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have been involved in the resi estate business as a CREC hnoehieee for approximately 17 5
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years. I am oompetent to testify to the matters S¢IIf0l.'l1l1 in this declaration.
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2. I have personal knowledge ofthe facts contained herein.
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3. In 1993, I became interested in expanding my real estate business into the
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West Valley by opening an office in Avondale. I was aware that Daryush Motlagh had an '
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Case 2:03-cv-02353-DGC Document 78-35 Filed O7/O7/2006 Page 2 of 3

1 olifiee in Avondale and I approached him to ask him if he was interested in selling his
n 2 business to rue. Motlagh declined and I instead applied for a new franchise to open an
I 3 office in Avondale.
4 4. I did not have any further conversations with Mctlagh regarding my
5 possible purchase ofhis business.
i 5 5, My decision to expand roy real estate business was made for business
7 reasons, including the rapid growth and expansion of housing and population in Avondale
3 during the late 1990s.
9 6. I learned from real estate agents (not GREG) in the ooinmunity that
10 M0tlagh’s landlord had looked him out and evicted him from his office.
11 7. Additionally, I became aware, dom reviewing monthly ranking reports
12 available to all franchisees, which ranks franchisees in Maricopa County by peiformaiice,
13 that Motlaglrs office was not listed on the reports.
14 B. No one at CZRBC ever gave me financial informsttion about Motlaglrs
15 business.
16 I declare, under penalty of perjury, that the forgoing is true and accurate.
T; Executed this Z day of July, 2006.
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29 i Cher es McLean I
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Case 2:03-cv-02353-DGC

Document 78-35

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Case 2:03-cv-02353-DGC

Document 78-35

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Case 2:03-cv-02353-DGC

Document 78-35

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