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

Case 3:07-cv-02129-BTM-AJB

Document 14-2

Filed 01/11/2008

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PINNOCK & WAKEFIELD A Professional Corporation Michelle L. Wakefield, Esq. 3033 Fifth Ave. Suite 410 San Diego, Ca 92103 Telephone: 619.858.3671 Facsimile: 619.858.3646 Attorneys for Plaintiffs

Bar #: 200424

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA OUTERBRIDGE ACCESS ASSOCIATION, SUING ON BEHALF OF DIANE CROSS; and DIANE CROSS, An Individual, Plaintiffs, v. MARIE CALLENDER'S PIE SHOPS, INC. d.b.a. MARIE CALLENDER'S #254; PACIFIC BAGELS, LLC d.b.a. BRUEGGARS BAGELS; COURTYARD HOLDINGS, LP; PSS PARTNERS, LLC; and DOES 1 THROUGH 10, Inclusive, Defendants. Date: January 25, 2008 Time: 11:00 AM Judge: Hon. Barry T. Moskowitz Courtrm: 15 NO ORAL ARGUMENT UNLESS REQUESTED BY COURT Case No.: 07CV2129 BTM (AJB) DECLARATION OF MICHELLE L. WAKEFIELD IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS

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Case#: 07CV2129 BTM (AJB) 1 DECLARATION OF MICHELLE WAKEFIELD IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS

Case 3:07-cv-02129-BTM-AJB

Document 14-2

Filed 01/11/2008

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I, Michelle L. Wakefield, Do Declare: 1. I have personal knowledge of the facts set forth in this declaration and if called as a witness

I could competently testify to the following facts: 2. I am an attorney of record for Pinnock & Wakefield, APC representing plaintiffs in the

present matter. I am licensed to practice law in all courts in the State Of California and for the United States District Court For The Southern District Of California. 3. Attached as Exhibit A, as pages 1 through 5 is a true and correct copy of Judge

Moskowitz's decision in Pinnock v Solana Beach Do It Yourself Dog Wash, Case # 06CV1816 BTM, Docket Item # 22 issued on July 3, 2007.

I do declare under the penalty of perjury and the laws of the United States and the State of California that the above is true and correct. Dated: January 11, 2008 by /S/ Michelle L. Wakefield Michelle L. Wakefield

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Case#: 07CV2129 BTM (AJB) 2 DECLARATION OF MICHELLE WAKEFIELD IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS