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RONALD MARTINETTI, ESQ. State Bar No.106 898 KAZANJIAN & MARTINETTI 520 East Wilson Avenue Glendale, California 91206 Tel.818-241-1011 FAX 818-241-2193 E-Mail [email protected] Attorneys for Defendants Lee's General Toys, Inc., and John Lee
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UNITED
STATES DISTRICT
COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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CASE. NO, 07 CY 2391 (JAR POR)
GEORGIA-P PRODUCTS partnership,
ACIF" LP, a
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[C CONSUMER Delaware limited
Plaintiff,
vs.
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LEE'S GENERAL
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DEFENDANTS OBJECTIONS TO DECLARATION OF ZHIJUNXU XU FILED IN SUPPORT OF PLAINTIFF GEORGIAPACIFIC'S REPL Y TO OPPOSITION TO SUPPLEMENT AL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
TOYS,
INC.,
a
corporation,
JOHN
LEE,
an
individual;
California)
and
DOES
1-10.
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Defendants.
Defendants Lee's General Toys, Inc. and John Lee respectfully object to the Declaration of Zhijun Xu Filed in Support of PlaintiffGeorgia-Pacific's Reply to Opposition to
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Supplemental Brief in Support of Motion for Preliminary Injunction: A
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Case 3:07-cv-02391-JAH-POR
.Defendans
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Document 41
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respectfully object to the Declaration of z. Xu. the Baker & Mackenzie
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associate, on the following grounds: Paragraph d) 3), page 1, lines 19-20. The claim that Ms. Zhang admitted that ANGEL SOFT was "a famous brand" is hearsay ifused to prove the truth of the matter; if used as notice. the statement lacks foundation as to when Ms. Zhang had knowledge that it was allegedly "a famous brand." Since she might have acquired that knowledge the same day as the interview. the statement is overbroad, too. Also, there is no foundation that the declarant knew who Ms. Zhang
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company. In addition, since there is no foundation as to who Ms. Zhang was, and that she was authorized to speak for the Runhui company; the alleged statement that Runhui would be "willing to produce" Angelite again should be disregarded also on the grounds that it is hearsay if used to prove the truth of the matter. 2. Defendants respectfully object to the Declaration of Z. Xu on the following grounds: Paragraph B) b), page 1, lines 27-28. The claim that Mr. Lin Hui Zhong admitted he
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was aware that ANGEL SOFT was a "brand toilet paper in the United States" lacks foundation in that there is no knowledge that Mr. Zhong worked for the Shanton Kid Toys Co., that the declarant's staff member knew Mr. Zhong's voice, that the staff
member recognized the voice and could identify it as belonging to a person who
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worked for Shantou Kid Toys and was familiar with toilet products in the United
States.
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Dated: March 14, 2008
KAZANJIAN & MARTINETTI RONALD MARTINETTI, ESQ.
By ~ Y'v\Uv\~~ --
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2R 2R
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Ronald Martinetti Attorneys for Defendants
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Case 3:07-cv-02391-JAH-POR
Document 41
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PROOF OF SERVICE BY MAIL -(1013a, 2015.5 C.C.P.) STATE OF CALIFORNIA. COUNTY OF LOS ANGELES I am employed in the county of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within above-entitled action; my business addressis 520 E. Wilson Ave., Suite 250, Glendale, California 91206.
On March 14, 2008 I served the foregoing DEFENDANTS OBJECTIONS TO DECLARATION OF ZHIJUNXU XU FILED IN SUPPORT OF PLAINTIFF GEORGIA PACIFIC'S REPLY TO OPPOSITION TO SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUCTION on all the interested parties in this action as follows: Stephen P. Swinton, Esq. Adam A. Welland, Esq . Latham & Watkins LLP 12636 High Bluff Drive, Suite 400 San Diego, CA 92130-2071 Fax No.: (858) 523-5450 an original x a true copy
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BY PERSONAL DELNERYNIA
MESSENGER;
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-XBY ELECTRONIC FILING: I am familiar with the United StatesDistrict Court,.Southern District of California' s practice for collecting and processing electronic filings. Under that practice, documents are electronically filed with the court. The court's CM/ECF system will generatea Notice of Electronic Filing (NEF) to the filing party, the assignedjudge, and any registeredusersin the case. The NEF will constitute service of the document. Registration as a CM/ECF user constitutes consent to electronic service through the court's transmission facilities. Under said practice the above mentioned parties were served.
-PREP AID POST AGE: I deposited such an envelope in the mail at Glendale, California. The envelope was mailed with postage thereon fully prepaid.
u. s. MAIL: I am "readily familiar" with our firm's practice of collection and processing correspondencefor mailing. It is deposited with the U.S. Postal Service on that same day on the ordinary course of business. I am aware that on motion of any party served, service is presumed invalid if postal cancellation date or postagemeter date is more than one day after the date of deposit for mailing affidavit. x BY FACSIMILE: On the interested parties in this action pursuant to C.R.C. RULE 2009 (b). The telephone number of the facsimile machine I used was (818) 241-2193. This facsimile machine complies with Rule 2003 (2) of the California Rules of Court. The transmission was reported as complete and without error. The facsimile machine printed out a record indicating that the transmission was successfully completed.
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