Free Motion to Set Aside Default - District Court of California - California

ase 3:07-cv-02525-IVIIVIC Document 17-5 Filed 01/16/2008 Page 1 of 2
1 David Goldman (Bar No. 76551)
Garret D. Murai (Bar No. 215667)
2 VVENDEL, ROSEN, BLACK & DEAN LLP
1111 Broadway, 24th Floor
0 3 Oakland, CA 94607-4036
Telephone: (510) 834-6600 ‘
4 Fax: (510) 834-1928
5 Attorneys for Defendants _
XIAN S. HUANG and CINDY Q. CAO, Trustees of
6 the XIAN HUAN G AND CINDY CAO LIVING
TRUST
‘
S 8 UNITED STATES DISTRICT COURT
9 I NORTHERN DISTRICT OF CALIFORNIA
10
§ 11 CRAIG YATES, an individual; and Case No. C 07 2525 MMC
§ _ DISABILITY RIGHTS ENFORCEMENT,
¤ § § 12 EDUCATION, SERVICES: HELPING DECLARATION OF XIAN S. HUAN G IN
it § § YOU HELP OTHERS, a California public SUPPORT OF MOTION TO SET ASIDE
gf gi 13 ' benefit corporation, DEFAULT
14 Plaintiffs,
F 15 vs.
§ Date: March 7, 2008
16 D & A CAFE INC.; XIAN S. HUANG and Time: 9:00 a.m.
CINDY Q. CAO, Trustees of the XIAN Department: Courtroom 7, 19th Fl.
17 I-IUANG and CINDY CAO LIVING Judge: Hon. Maxine M. Chesney
TRUST,
18 S Action Filed: May 11, 2007 . .
Defendants. Trial Date: None
19
S 20 I, Xian S. Huang, declare: ‘ S
2] 1. I am a defendant in this action. This declaration is made in support of my Motion
22 to Set Aside Default. I have personal knowledge of the matters stated herein and if called upon to
23 testify could and would competently do so.
24 2. I have reviewed the Proof of Service of Summons attached as Exhibit A to the
25 Declaration of Thomas E. Frankovich in Support of Plaintiffs? Request for Entry of Default tiled
26 October 15, 2007. Neither I nor my wife were served with the complaint in the instant action on `
27 or about July 5, 2007. Moreover, neither I nor my wife knows the person served with the
28 complaint, Arla Liu. Ms. Liu is not our agent and was not authorized to accept service of process
DECLARATION OF [HAN S. HUANG — Case N0. C 07
0l3069.0003\833260.1 2525 MMC

ase 3:07-cv-02525-IVIIVIC Document 17-5 Filed O1/16/2008 Page 2 of 2
_ 1 on our behalf Furthermore, the Proof of Service of Summons indicates that Ms. Liu was served
2 at 346 7th Street, Oakland, California. This is the location of the properly formerly leased by
3 Defendant D & A CAFE, INC. Presumably, Ms. Liu is or was an employee of D &A Café.
4 3. Q I have also reviewed Plaintiffs CRAIG YATES and DISABILITY RIGHTS
‘ 5 ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS’ letter dated
6 September 18, 2007 and attached as Exhibit B to the Declaration of Thomas E. Frankovich in
7 Support of Plaintiffs’ Request for Entry of Default filed October 15, 2007. Neither I nor my wife
8 received that letter on or about September 18, 2007. The letter, like the complaint, was sent to
9 346 7th Street, Oakland, California. As discussed above, 346 7th Street, Oakland California is the
10 location of the property formerly leased by D & A Café. Neither I nor my wife resides at or
§ 11 conducts business from that address. l
§ 12 4. The first time we received actual notice of this action was on October 19, 2007
E § 13 when my counsel faxed me a copy of Plaintiffs’ letter dated October 16, 2007 and wl1ich is
, lg 14 attached as Exhibit A to the Declaration of Garret D. Murai tiled concurrently herewith. Prior to ‘
gi : O 15 then, neither I nor my wife had any knowledge of the existence of this action.
E V 16 I declare under penalty of perjury tmder the laws of the State of California that the
-17 foregoing is true and correct.
‘ 18 . Executed this day of January 2008 in Oakland, Califomia. .
19 p
20 .
21 · X1 . Huang
22 ·
I 23
24
25 V
26 I
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28 ·
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Case 3:07-cv-02525-MMC

Document 17-5

Filed 01/16/2008

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Case 3:07-cv-02525-MMC

Document 17-5

Filed 01/16/2008

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