Free Reply - District Court of California - California

Case 3:07-cv-02391-JAH-POR

Document 37

Filed 03/13/2008

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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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GEORGIA-P PRODUCTS partnership,

ACIFIC

CONSUMER limited

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CASE. NO.07 CY 2391 (JAH POR) DEFENDANTS OBJECTIONS TO DECLARATION OF ROBERTO SANTIAGO FILED IN SUPPORT OF PLAINTIFF GEORGIAPACIFIC'S REPLY TO OPPOSITION TO SUPPLEMENT AL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

LP, a Delaware

Plaintiff,
vs.

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) ) )

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) LEE'S GENERAL TOYS, INC., a California) corporation, JOHN LEE, an individual; and ) DOES 1-10, )

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Supplemental

Defendants.

Defendants Lee's General Toys, Inc. and John Lee respectfully object to the Declaration of Robert Santiago Filed in Support of Plaintiff Georgia-Pacific's Reply to Opposition to
Brief in Support of Motion for Preliminary Injunction:

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.Defendants object to the entire declaration since it fails to lay any foundation that the
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advertising reachesLatino or Spanish speaking customers in the Southern California
market (including Los Angeles and San Diego) where Defendants sold their tissue.

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Moreover, there is no definition of what exactly a "Director of Client Services" is, how long Mr. Santiago has held that position, and why he believes he is qualified to testify
Hhmlt the Southem Ca1ifomia IJatino market. 2

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Defendants object to
foundation since Mr. Santiago does not define who the "Spanish s~

,graph 1, line 6 on the grounds that it is overbroad and lacks

8 ing consumers' 9

Filed 03/13/2008

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are. If they are in Texas, Arizona, New Mexico they are irrelevant since Defendants
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in Srnlthem

Ca.1ifomia-

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Paragraph 2 is overbroad ~d lacks foundation since there is no definition of where La
Agencia de Orci is located, what specific Spanish s
~ng market the agency was

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O'U_Ul.J ~t< ~Z..:JU «lncn. .J-< .'ill Zo
hired to target, and where or ~
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the "television and radio commercials" aired (if at of the money you spend is wasted anyway
t in marketing

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all). In advertising there is a saying-half
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so without more specific facts, the agency's involve" Angel Soft lacks foundation.
4. Paragraph 3 is overbJ

Case 3:07-cv-02391-JAH-POR

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and lacks foundation since there is no showing that these

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commercials were aired in the Los Angeles or San Diego market--0r if they were aired in the Southern California market at all. The ads may have been aired in Texas, and other locations {besides California) that have a substantial number of Spanish
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ing or Latino persons. Since a very small amount of money may have been

allocated to Southern California---e.g.. San Diego or Los Angeles,--the declaration is overbroad. irrelevant. and lacks foundation.

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Case 3:07-cv-02391-JAH-POR

Document 37

Filed 03/13/2008

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Dated: March 13.2008
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KAZANJIAN & MARTINETTI RONALD MARTINETTI, ESQ.
v? J ~" I \N';\ !I\ i\ /) A + J ri . IV~W\ 1'\ L 1\

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By

Ronald

Martinetti for Defendants

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Attorneys

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Case 3:07-cv-02391-JAH-POR

Document 37

Filed 03/13/2008

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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 address is 520 E. Wilson Ave.. Suite 250. Glendale. California 91206. On March 13, 2008 I served the foregoing DEFENDANTS OBJECTIONS TO DECLARATION OF ROBERTO SANTIAGO 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 x a true copy an original

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BY PERSONAL DELIVERYNIA

MESSENGER;

-XBY ELECTRONIC FILING: I am familiar with the United States District 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 generate a Notice of Electronic Filing (NEF) to the filing party, the assigned judge, and any registered users in 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 finIl'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. ") Ex~cu~ed and correct. ~ on the foregoIng IS true March 13,2008, Glendale, California. I decl?~derpenalty -Q } 7an..ferjury, that p~J

Rosa Munoz

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