Free Affidavit in Opposition to Motion - District Court of California - California

Case 3:07-cv-02172-BEN-JMA

Document 24

Filed 12/21/2007

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WILSON PETTY KOSMO & TURNER LLP REGINA A. PETTY (106163) SOTERA L. ANDERSON (211025) 550 West C Street, Suite 1050 San Diego, California 92101 Telephone: (619) 236-9600 Facsimile: (619) 236-9669 E-mail: [email protected] E-mail: [email protected] Attorneys for Defendant SAN DIEGO CONVENTION CENTER CORPORATION, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED NATIONAL MAINTENANCE INC, A NEVADA CORPORATION, Plaintiff,

Case No. 07-CV-2172 BEN (JMA) DECLARATION OF SOTERA L. ANDERSON IN SUPPORT OF DEFENDANT SAN DIEGO CONVENTION CENTER CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Complaint Filed: November 13, 2007 Date: Time: Dept.: Judge: Trial Date: January 7, 2008 10:30 a.m. 3 Hon. Roger T. Benitez Not Set

14 v. 15 16 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 I, Sotera L. Anderson, declare as follows: 1. SAN DIEGO CONVENTION CENTER CORPORATION, INC., A CALIFORNIA CORPORATION,

I am an attorney duly licensed to practice before all courts in the State of California,

including the United States District Court, Southern District of California. I am an associate with the law firm of Wilson, Petty, Kosmo, & Turner, LLP, attorneys for Defendant SAN DIEGO CONVENTION CENTER CORPORATION, INC. ("SDCCC" and/or "Defendant"). I have first-hand personal knowledge of the facts contained in this declaration, and if called upon to testify I would and could competently do so.
Case No. 07-CV-2172 BEN (JMA) DECLARATION OF SOTERA L. ANDERSON IN SUPPORT OF DEFENDANT SAN DIEGO CONVENTION CENTER CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

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Case 3:07-cv-02172-BEN-JMA

Document 24

Filed 12/21/2007

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2.

I began my employment with Wilson, Petty, Kosmo & Turner, LLP on August 20,

2007. One of the first files assigned to me to take over as the associate handling the file was a lawsuit Plaintiff filed in the San Diego Superior Court against SDCCC seeking injunctive relief and damages. Upon my assignment, I, among other things, reviewed the entire file. Upon my review of the file, I learned that Plaintiff sought, via ex parte application, a Temporary Restraining Order ("TRO") against SDCCC and an Order to Show Cause Why Preliminary Injunction Should Not Issue. On August 6, 2007, Judge Prager denied Plaintiff's request for a TRO and issued a Minute Order stating same. In the Minute Order, Judge Prager set a hearing date for Plaintiff's Motion for Preliminary Injunction for September 12, 2007. Accordingly, Plaintiff's motion papers were due approximately, August 20, 2007. After I had not received Plaintiff's motion I called Plaintiff's counsel's office and inquired whether Plaintiff intended to pursue the Preliminary Injunction. I was told no and that the motion had been taken off calendar. 3. I then prepared and filed a Demurrer to Plaintiff's Complaint arguing that Plaintiff's

entire claim was barred for failure to comply with the Tort Claims Act and because SDCCC enjoys governmental immunity as a public corporation. Plaintiff's Opposition to SDCCC's Demurrer was due November 15, 2007. Instead of receiving an Opposition, I received a voice mail from Plaintiff's counsel advising that Plaintiff was dismissing the state court action and that it has filed a Complaint in this Court. The voice mail also advised that Plaintiff was seeking a Preliminary Injunction. I declare under penalty of perjury under the laws of the United States of America, as well as the laws of the State of California, that the foregoing is true and correct. Executed this 21st day of December, 2007.

/s/SOTERA L ANDERSON SOTERA L. ANDERSON

Case No. 07-CV-2172 BEN (JMA) DECLARATION OF SOTERA L. ANDERSON IN SUPPORT OF DEFENDANT SAN DIEGO CONVENTION CENTER CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

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