Free Declaration in Support - District Court of California - California

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CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. ) Case No.: C-07-04946 JSW (Related to C-05-02641 JSW) DECLARATION OF STEPHEN S. WU S P O T N P A N IF ' U P R I G L I T F S REQUEST FOR ENTRY OF DEFAULT AGAINST DEFENDANTS RUN PING ZHOU a.k.a. FLORA ZHOU, BILL SHU WAI MA, CHRIST INVESTMENT SERVICE INC., CIS SERVICE, INC., PACIFIC BEST GROUP LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT INC. UNDER FED. R. CIV. P. 55(a)

I, Stephen S. Wu, declare: 1. I am one of the attorneys for Plaintiffs in this action. I make this declaration in

spot f ln f ' upro Pa tf Request for Entry of Default Against Defendants Run Ping Zhou a.k.a. i is Flora Zhou, Bill Shu Wai Ma, Christ Investment Service Inc., CIS Service, Inc., Pacific Best -1DECLARATION OF STEPHE S WUS P O TN P A N IF ' N . U P R I G L I TF S REQUEST FOR ENTRY OF DEFAULT / Case No.: C-07-04946 JSW

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Group Ltd. a.k.a. Pacific Best Company Ltd., and South China Investment Inc. under Fed. R. Civ. P. 55(a). 2. O Sp m e 2, 07 I asdPa tf C m ln i t s aet b fe n et br 4 20, cue ln f ' o p i n h cs o e id e i is at i l

with this Court. Run Ping Zhou a.k.a. Flora Zhou, Bill Shu Wai Ma, Christ Investment Service Inc., CIS Service, Inc., Pacific Best Group Ltd. a.k.a. Pacific Best Company Ltd., and South China Investment Inc. are all defendants in this case. 3. On December 6, 2007, the Complaint, Summons, and other documents required to

be served were served on Defendants Run Ping Zhou a.k.a. Flora Zhou and South China Investment Inc. This is shown in the Returns of Service that were e-filed on January 7, 2008 (Docket, Documents 34 and 35). I attach hereto as Exhibit A a copy of the Return of Service regarding Run Ping Zhou a.k.a. Flora Zhou. In addition, I attach hereto as Exhibit B a copy of the Return of Service regarding South China Investment Inc. 4. On December 2, 2007, the Complaint, Summons, and other documents required to

be served were served on Defendants Bill Shu Wai Ma, Christ Investment Service Inc., CIS Service, Inc. This is shown in the Proofs of Service that were e-filed on December 7, 2007 (Docket, Documents 27-29). I attach hereto as Exhibit C a copy of the Proof of Service on Mr. Ma. I attach hereto as Exhibit D a copy of the Proof of Service on Christ Investment Service Inc. I attach hereto as Exhibit E a copy of the Proof of Service on CIS Service, Inc. 5. On September 27, 2007, the Complaint, Summons, and other documents required

to be served were served on Pacific Best Group Ltd. a.k.a. Pacific Best Company Ltd. This is shown in the Return of Service that was e-filed on February 4, 2008 (Docket, Document 45). I attach hereto as Exhibit F a copy of the Return of Service regarding Pacific Best Group Ltd. a.k.a. Pacific Best Company Ltd. 6. On February 11, 2008 at 9:18 a.m., I checked the docket of this case through

PACER, and it reflects that no Answer or other response to the Complaint has been filed by any of the above defendants. I printed the docket entries and list of appearances from PACER as of 9:18 a.m. on February 11, 2008 and attach them hereto as Exhibit G.

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7.

In addition, this is an e-filing case. I am registered in this district for e-filing and

have received electronic notices from the Court of filings in this case. As of 9:18 a.m. on February 11, 2008, I have received no electronic notices from the Court that an Answer or other response to the Complaint has been filed by any of the above Defendants. Finally, as of 9:18 a.m. on February 11, 2008, I have not received from any of the above Defendants an Answer or other response to the Complaint in the mail, by fax, by email, or in any other form. I declare under penalty of perjury under the laws of the United States and of the State of California that the foregoing is true and correct. Executed on February 11, 2008.

/s/ STEPHEN S. WU

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EXHIBIT A Return of Service Regarding Run Ping Zhou a.k.a. Flora Zhou

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EXHIBIT B Return of Service regarding South China Investment Inc.

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EXHIBIT C Proof of Service on Bill Shu Wai Ma

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EXHIBIT D Proof of Service on Christ Investment Service Inc.

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EXHIBIT E Proof of Service on CIS Service, Inc.

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EXHIBIT F Return of Service Regarding Pacific Best Group Ltd. a.k.a. Pacific Best Company Ltd.

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CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) Case No.: C-07-04946 JSW ) (Related to C-05-02641 JSW) ) ) RETURN OF SERVICE ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. )

I, Stephen S. Wu, declare: 1. I am an attorney in the law firm of Cooke Kobrick & Wu LLP, 177 Bovet Road,

Suite 600, San Mateo, CA 94402 and counsel for Plaintiffs in this case. 2. On September 27, 2007, Mr. Glen Alberigi served personally upon Defendant

Pacific Best Group Ltd, also known as Pacific Best Company Ltd. ("Pacific Best"), the following -1RETURN OF SERVICE/ Case No.: C-07-04946 JSW

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documents at 555 Montgomery Street, San Francisco, CA 94111 by handing a copy of them to its managing agent, Wei-Man Raymond Tse: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. SUMMONS IN A CIVIL CASE COMPLAINT AND REQUEST FOR JURY TRIAL ORDER SETTING CASE MANAGEMENT CONFERENCE SUPPLEMENTAL ORDER TO ORDER SETTING CASE MANAGEMENT CONFERENCE IN CIVIL CASE BEFORE JUDGE WILLIAM ALSUP CIVIL COVER SHEET NOTICE OF AVAILABILITY OF MAGISTRATE JUDGE TO EXERCISE JURISDICTION U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ECF REGISTRATION INFORMATION HANDOUT CERTIFICATE OF INTERESTED ENTITIES OR PERSONS ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASE SHOULD BE RELATED WELCOME TO THE DISTRICT COURT, SAN FRANCISCO 3. A true and correct copy of Mr. Alberigi's Declaration of Personal Service

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("Alberigi Declaration") is attached hereto as Exhibit A. In the Alberigi Declaration, Mr. Alberigi states that on September 27, 2007, he personally served Mr. Tse with the documents described above in Paragraph 2. 4. In the action related to this case ("CFTC Action"), United States Commodities

Futures Trading Commission, et al. v. National Investment Consultants, Inc., No. C 05-02641 JSW, the Commodities Futures Trading Commission and Commissioner of Corporations of the State of California brought suit against, among other defendants, Mr. Tse and Pacific Best, based on some of the same conduct alleged in this case. In the CFTC Action, Pacific Best moved the Court to dismiss based on insufficient service of process of the summons and complaint. The Court rejected Pacific Best's motion, holding that handing a copy of the summons and complaint to Raymond Tse was sufficient to constitute service on Pacific Best. (Order Denying Motion to Dismiss for Insufficient Service of Summons and Complaint at 3-6. [hereinafter, "Order"].) A true and correct copy of Court's Order, dated October 31, 2005, is attached hereto as Exhibit B. 5. The Court determined that handing a copy of the summons and complaint to Mr.

Tse was sufficient to constitute service on Pacific Best, because Mr. Tse "possesses sufficient character and rank within Pacific Best's infrastructure as to be an adequate employee to receive service of process on behalf of his employer." (Order at 4-5.) Moreover, the Court stated that

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"Tse's position and duties demonstrate that he is sufficiently integrated in Pacific Best's organization to know what to do with the summons and complaint." (Id. at 5-6.) Thus, the Court held that service of process, through Mr. Tse, on Pacific Best was proper under both the California Code of Civil Procedure and Fed. R. Civ. P. 4. (Id. at 3-6.) 6. The Court issued its Order on October 31, 2005. Since that time, Mr. Tse has

continued to have sufficient character and rank within Pacific Best so as to be an adequate employee to receive service of process on behalf of Pacific Best. A true and correct copy of the Declaration of Mei-Fang Lisa Zhang Supporting Return of Service On Pacific Best Group Ltd. is attached hereto as Exhibit C. In her declaration, Ms. Zhang, who formerly worked for Mr. Tse's companies, states that Mr. Tse has been, and remains today, the business manager of Pacific Best and related companies since she began working for these companies in mid-2003. 7. Given that Mr. Alberigi handed a copy of the Summons, Complaint, and other

documents set forth in Paragraph 2 on Mr. Tse, who is the business manager of Pacific Best, Mr. Alberigi's service constitutes personal service of the Summons, Complaint, and other documents on Pacific Best. I declare under penalty of perjury under the laws of the United States and of the State of California that the foregoing is true and correct. Dated: February 4, 2008 /s/ STEPHEN S. WU

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EXHIBIT A Declaration of Personal Service Of Glen Alberigi

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EXHIBIT B Order Denying Motion to Dismiss for Insufficient Service Of Summons and Complaint in CFTC Action

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1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 Plaintiffs, UNITED STATES COMMODITIES FUTURES TRADING COMMISSION, et al. No. C 05-02641 JSW v. 12
For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

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11 NATIONAL INVESTMENT CONSULTANTS, INC., et al. Defendants. /

ORDER DENYING MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF SUMMONS AND COMPLAINT

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Now before the Court is a motion to dismiss brought by Defendant Pacific Best Group, Ltd. ("Pacific Best") for insufficient service of process of the summons and complaint. Having carefully reviewed the parties' papers and considered the relevant legal authority, the Court DENIES Pacific Best's motion. This Court finds this action suitable for determination without oral argument as permitted under the local rules. N.D. Cal. Civ. L. R. 7-1(b). BACKGROUND Plaintiffs, the United States Commodity Futures Trading Commission (the "Commission") and the Commissioner of Corporations of the State of California ("State of California") (collectively "Plaintiffs"), allege that Defendants National China Investment Consultants, Inc. ("NICI"), Pacific Best, and other individual Defendants were involved in fraudulent trading in foreign currency futures contracts. Plaintiffs attempted to serve all named Defendants on June 30, 2005 at NICI's offices in San Francisco, California. (Koel Decl. ¶ 2.)1

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Attached as an Exhibit to Plaintiffs' Opposition Brief.

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On the morning of June 30, 2005, Plaintiffs arrived at NICI's offices in San Francisco to serve Defendants in the action. (Koel Decl. ¶ 4.) U.S. Deputy Marshal Cheryl Koel was present along with Peter Mock, a senior examiner with the California Department of Corporations. (Koel Decl. ¶ 4.) Prior to serving the Defendants, U.S. Marshal Koel asked to speak to the person in charge. (Koel Decl. ¶ 4.) Raymond Tse ("Tse"), a Pacific Best business manager who works as a consultant out of NICI's office identified himself as being in charge.2 (Koel Decl. ¶ 4.) According to U.S. Marshal Koel, Tse accepted service of process for himself as an individual Defendant, along with service on Pacific Best's behalf. (Koel Decl. ¶¶ 6, 8.) When U.S. Marshal Koel effectuated service on Pacific Best, through Tse, she states that she handed Tse a copy of the summons, complaint, and other related documents to Pacific Best's service. (Koel Decl. ¶ 8.) ANALYSIS A. Motion to Dismiss for Insufficient Service of Process. 1. Applicable Legal Standard.

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Federal courts cannot exercise personal jurisdiction over a defendant without proper service of process. Omni Capital Int'l, Ltd. v. Wolff & Co., 484 U.S. 97, 104 (1987). Insufficient service of process can result in dismissal under Federal Rule of Civil Procedure 12(b)(5). To determine whether service of process was proper, courts look to the requirements of Federal Rule of Civil Procedure 4 ("Rule 4 "). Plaintiff has the burden of establishing validity of service of process if service is contested; however return of service of process filed by the U.S. Marshal stating service has been made, constitutes prima facie evidence of the facts stated therein. Lavino et al. v. Jamison, 230 F.2d 909, 911-12 (9th Cir. 1956). 2. Service of Process Requirements for Foreign Corporations.

Rule 4 provides that foreign corporations can be served in two ways, either (1) by delivering a copy of the summons and complaint to an "officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process," or (2) in Pacific Best is a registered corporation in Tortola, British Virgin Islands. Pacific Best asserts its main office is located in Macao, China, along with the majority of its customers. (Oct. 14, 2005 Chi Decl. ¶ 2; Defendant's Motion to Dismiss at 2.)
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accordance with the law of the state in which the district court is located, in this case California. Fed. R. Civ. P. 4(h). Rule 4 is meant to be construed liberally and in such a way to uphold service as proper so long as a party receives sufficient notice of the complaint. United Food and Commercial Workers Union Locals 197 et al. v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir. 1984). a. Service of process on Pacific Best was proper under the California Rules of Civil Procedure.

Pacific Best contends that Tse was not an appropriate employee to receive service of process on the company's behalf under the California Rules of Civil Procedure and, thus, service of process was insufficient under California law. California law provides that a corporation may be served "by delivering a copy of the summons and of the complaint (a) [t]o the person designated as agent for service of process [or] . . . . (b) [t]o the president or the other head of corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process . . . ." Cal. Civ. Proc. Code § 416.10. The California Legislature has not specifically defined the term "general manager" as used within § 416.10. California courts, however, have held that a "general manager" includes an agent of the corporation who "is of sufficient character and rank to make it reasonably certain that the defendant will be apprised of the service made." Eclipse Fuel Engineering Co. v. Superior Court, 307 P.2d 739, 745 (Cal. 1957); cf. Gibble v. Car-Lene, 67 Cal. App. 4th 295, 313 (1998) (finding service of process sufficient on a manager who had authority to interview, hire and fire employees, to authorize payment of employee wages, and to conduct core business on the corporation's behalf without oversight from other managers or officers). To determine whether an employee is a "general manager" for purposes of § 416.10 will "depend on the particular facts involved." Eclipse, 307 P.2d at 745. The facts in the record show Tse was in San Francisco conducting core business for Pacific Best and that he was of sufficient rank and character to be a proper employee to receive service of process for Pacific Best. Tse is a business manager, by title, for Pacific Best. (Aug.

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25, 2005 Tse Decl. ¶ 2.)3 While Pacific Best's main office is located in Macao, China, Tse works autonomously out of NICI's office in San Francisco as a consultant. (Id.; Aug. 25, 2005 Chi Decl. ¶ 3; Defendant's Motion to Dismiss at 2.) Pacific Best and NICI do not have a parent/subsidiary relationship with one another; however the companies work closely together due to their contractual business relationship. (Aug. 25, 2005 Chi Decl. ¶ 3; see Aug. 25, 2005 Chi Decl., Ex. A.) The two companies executed a service agreement on June 1, 2004 in which NICI acts as a "service agent for [Pacific Best] in introducing clients to trade directly with [Pacific Best]." (Aug. 25, 2005 Chi Decl., Ex. A.) Additionally, on NICI's website, the corporation name reads, "National Investment Consultants, Inc. of Pacific Best Ltd.," and further states NICI is a "communication link" to Pacific Best. (Plaintiffs' Mem. In Supp. of Motion for Ex Parte Stat. Rest. Order, Ex. 1.) Tse's responsibilities in his consultant capacity include interviewing potential employees. (see Schueftan Decl., Ex. A.) Once hired, those employees are then asked to invest their own personal funds to begin their career in trading what Plaintiffs allege are foreign currency futures contracts. (see e.g., Aug. 19, 2005 Chen Decl. ¶ 4; Aug. 19, 2005 Duan Decl. ¶ 5; Aug. 19, 2005 Zhu Decl. ¶¶ 4,7.) This work is all done for the benefit of Pacific Best. Further, Tse has the authority and access to wire funds from NICI and South China Investments, Inc. bank accounts to those accounts of his employer, Pacific Best. (Aug. 19, 2005 Mock Decl. ¶ 4(a).) The record also indicates that Tse is the only Pacific Best employee working out of NICI's office thereby demonstrating Tse's autonomy as a Pacific Best employee. (Aug. 25, 2005 Chi Decl.; Aug. 25, 2005 Tse Decl.) Additionally, at the time service was made on June 30, 2005, Tse claimed to be the person in charge, again demonstrating his level of autonomy and authority as a Pacific Best employee operating out of NICI. (Koel Decl. ¶ 4.) Accordingly, based on the facts laid out above, the Court finds that Tse is an employee conducting core business for Pacific Best in California and possesses sufficient character and rank within Pacific Best's infrastructure as to be an adequate employee to receive service of Because this is not a Rule 12(b)(6) motion, the Court has considered facts proffered by Pacific Best and Tse in conjunction with the motion for a preliminary injunction, which are a matter of record in this proceeding.
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process on behalf of his employer. Therefore, this Court concludes that by serving Tse, Pacific Best was properly served under California law. b. Service of process on Pacific Best was proper under Rule 4.

Pacific Best also contends that Tse was not an appropriate employee to receive service of process on the company's behalf under Rule 4 and, thus, service of process was insufficient. While Rule 4(h)(1) provides a list of those corporate employees who can be properly served, service of process is not "solely limited to [those] officially designated officers, managing agents, or agents appointed by law for the receipt of process." Direct Mail Specialists v. Eclat Computerized Technologies, Inc., 840 F.2d 685, 688 (9th Cir. 1988). Proper service under Rule 4 can also be made "upon a representative [who is] so integrated with the organization that he will know what to do with the papers." Id. at 688. Again the determination of whether an individual holds sufficient authority or is "so integrated" in an organization is largely factual. Id. In Direct Mail, for example, the plaintiff served a receptionist, the only employee present when the process server arrived. Id. at 687. The process server asked the receptionist who present was authorized to accept service on behalf of the company and was told that no one was available. Id. The process server then served the receptionist with instructions to give the documents to her superiors. Id. The court presumed that because the receptionist was the only available individual in the office and the size of the company was small, the receptionist had more than a minimal role in the company and therefore was a proper employee to serve. Id. Pacific Best claims that Tse has no responsibility for its day-to-day operations and therefore is not sufficiently integrated in the organization as to be a proper employee to receive service of process. However, Pacific Best does not deny that it does do business in California, and that business is seeking investors for trading in what Plaintiffs allege are foreign currency futures contracts. Pacific Best sent Tse to NICI's office and permitted him to work with a high degree of autonomy for the organization's benefit. Indeed, Tse appears to have had more authority within Pacific Best's organization than the receptionist in Direct Mail. In light of the facts discussed above, this Court concludes that Tse's position and duties demonstrate that he is sufficiently integrated in Pacific Best's organization to know what to do 5

United States District Court

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with the summons and complaint. Therefore under the analysis set forth in Direct Mail, by serving Tse, Pacific Best was properly served under Rule 4(h)(1). CONCLUSION For the foregoing reasons, the Court DENIES Defendant's motion to dismiss for insufficient service of process. The case management conference set for November 4, 2005 at 9:00 a.m. is moved to November 4, 2005 at 1:30 p.m. IT IS SO ORDERED.

Dated: October 31, 2005 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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EXHIBIT C Declaration of Mei-Fang Lisa Zhang

RETURN OF SERVICE/ Case No.: C-07-04946 JSW

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CHRISTOPHER COOKE, CA Bar #142342 STEPHEN S. WU, CA Bar # 205091 COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Email: [email protected] [email protected] Tel: (650) 638-2370 Fax: (650) 341-1395 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. ) Case No.: C-07-04946 JSW (Related to C-05-02641 JSW) DECLARATION OF MEI-FANG LISA ZHANG SUPPORTING RETURN OF SERVICE ON PACIFIC BEST GROUP LTD.

I, Mei-Fang Lisa Zhang, declare: 1. 2. I am one of the plaintiffs in this case. In mid-2003, I responded to an employment advertisements placed by Defendants

in the Sing Tao Daily newspaper for a clerk job. I was hired to work for National Investment -1DECLARATION OF MEI-FANG LISA ZHANG SUPPORTING RETURN OF SERVICE ON PACIFIC BEST GROUP LTD./Case No.: C-07-04946 JSW

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EXHIBIT G Docket Sheet

-1DECLARATION OF STEPHE S WUS P O TN P A N IF ' N . U P R I G L I TF S REQUEST FOR ENTRY OF DEFAULT / Case No.: C-07-04946 JSW

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ADRMOP, E-Filing, ProSe

U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:07-cv-04946-JSW
Zhang et al v. Tse et al Assigned to: Hon. Jeffrey S. White Demand: $300,000 Relate Case Case: 3:05-cv-02641-JSW Cause: 18:1961 Racketeering (RICO) Act Plaintiff Mei-Fang Lisa Zhang Date Filed: 09/24/2007 Jury Demand: Plaintiff Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question represented by Christopher Charles Cooke Cooke Kobrick &Wu LLP 177 Bovet Road Suite 600 San Mateo, CA 94402 650-638-2370 Fax: 650-341-1395 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S. Wu Cooke Kobrick &Wu LLP 177 Bovet Rd., Suite 600 San Mateo, CA 94402 650-638-2370 Fax: 650-341-1395 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Bay Area Affordable Housing, LLC represented by Christopher Charles Cooke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S. Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Xue-Huan Gao represented by Christopher Charles Cooke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S. Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Yang-Chun Zhang represented by Christopher Charles Cooke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case 3:07-cv-04946-JSW Document 47 Case: 3:07-cv-04946-JSW As of: 02/11/200802/11/2008PST 2 of 7 44 Filed 09:18 AM Page 39 of
Stephen S. Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Carol Jian Deng represented by Christopher Charles Cooke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S. Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Hao Liang represented by Christopher Charles Cooke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen S. Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Wei-Man Raymond Tse Defendant Run Ping Zhou also known as Flora Zhou represented by Run Ping Zhou South China Investment Inc. 3567 Kimberly Road Cameron Park, CA 95682 415-518-5690 PRO SE

Defendant Theresa Wong Defendant James Yu Defendant Bill Shu Wai Ma Defendant Molly Lau represented by Molly Lau Department of the Army A FSC, 70th BSB UNIT #15096 Camp Casey APO AP 96224 South Kore +011-82-10-8690-3993 PRO SE

Case 3:07-cv-04946-JSW Document 47 Case: 3:07-cv-04946-JSW As of: 02/11/200802/11/2008PST 3 of 7 44 Filed 09:18 AM Page 40 of
Defendant Victor So Defendant Jian Xiao Defendant Christ Investment Service Inc. Defendant CIS Service, Inc. Defendant Pacific Best Group Ltd. also known as Pacific Best Company Ltd. Defendant South China Investments, Inc. Date Filed 09/24/2007 # Docket Text 1 COMPLAINT and DEMAND FOR JURY TRIAL against Wei-Man Raymond Tse, Run Ping Zhou, Theresa Wong, James Yu, Bill Shu Wai Ma, Molly Lau, Victor So, Jian Xiao, Christ Investment Service Inc., CIS Service, Inc., Pacific Best Group Ltd., South China Investments, Inc. ( Filing fee $ 350, receipt number 34611010780.). Filed byYang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (sis, COURT STAFF) (Filed on 9/24/2007) Additional attachment(s) added on 10/1/2007 (sis, COURT STAFF). (Entered: 09/26/2007) Summons Issued as to Wei-Man Raymond Tse, Run Ping Zhou, Theresa Wong, James Yu, Bill Shu Wai Ma, Molly Lau, Victor So, Jian Xiao, Christ Investment Service Inc., CIS Service, Inc., Pacific Best Group Ltd., South China Investments, Inc.. (sis, COURT STAFF) (Filed on 9/24/2007) (Entered: 09/26/2007) 2 Certificate of Interested Entities or Persons by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao (sis, COURT STAFF) (Filed on 9/24/2007) Additional attachment(s) added on 10/1/2007 (sis, COURT STAFF). (Entered: 09/26/2007) 3 ADR SCHEDULING ORDER: Case Management Statement due by 12/27/2007. Case Management Conference set for 1/3/2008 11:00 AM. (sis, COURT STAFF) (Filed on 9/24/2007) (Entered: 09/26/2007) 4 SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 3 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 9/24/2007) (Entered: 09/26/2007) 5 MOTION to Relate Case. Case 05-2641 JSW, filed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (sis, COURT STAFF) (Filed on 9/24/2007) Additional attachment(s) added on 10/1/2007 (sis, COURT STAFF). (Entered: 09/26/2007) CASE DESIGNATED for Electronic Filing. (sis, COURT STAFF) (Filed on 9/24/2007) (Entered: 09/26/2007) 6 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan

09/24/2007

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Gao. Wei-Man Raymond Tse served on 9/27/2007, answer due 10/17/2007. (Cooke, Christopher) (Filed on 10/1/2007) (Entered: 10/01/2007) 10/02/2007 7 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 6 Summons Returned Executed Declaration of Christopher Cooke regarding Service on Wei-Man "Raymond" Tse (Cooke, Christopher) (Filed on 10/2/2007) (Entered: 10/02/2007) 8 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. Jian Xiao served on 10/1/2007, answer due 10/22/2007. (Proof of Service by Registered Process Server) (Cooke, Christopher) (Filed on 10/4/2007) (Entered: 10/04/2007) 9 ORDER by Judge Jeffrey S. White granting 5 Motion to Relate Case (jjo, COURT STAFF) (Filed on 10/10/2007) (Entered: 10/10/2007) Case Reassigned to Judge Jeffrey S. White. Judge William H. Alsup no longer assigned to the case. (as, COURT STAFF) (Filed on 10/10/2007) (Entered: 10/10/2007) 10 INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 1/11/2008 01:30 PM. Case Management Statement due by 1/4/2008.. Signed by Judge Jeffrey S. White on 10/10/07. (jjo, COURT STAFF) (Filed on 10/10/2007) (Entered: 10/10/2007) 11 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. Victor So served on 10/5/2007, answer due 10/25/2007. (Proof of Personal Service by Process Server) (Cooke, Christopher) (Filed on 10/12/2007) (Entered: 10/12/2007) 12 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. Molly Lau served on 10/9/2007, answer due 10/29/2007. (Proof of Service) (Cooke, Christopher) (Filed on 10/22/2007) (Entered: 10/22/2007) 13 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 12 Summons Returned Executed, Declaration re Diligence by Raymond A. Duke (Cooke, Christopher) (Filed on 10/22/2007) (Entered: 10/22/2007) 14 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 12 Summons Returned Executed, 13 Certificate of Service, Declaration of Mailing (Cooke, Christopher) (Filed on 10/22/2007) (Entered: 10/22/2007) Received Document Letter dated 10/23/07 by Molly Lau. (hdj, COURT STAFF) (Filed on 10/30/2007) (Entered: 11/01/2007) 15 MOTION for Entry of Default against Wei-Man Raymond Tse, Jian Xiao and Victor So filed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Wu, Stephen) (Filed on 11/5/2007) Modified on 11/7/2007 (hdj, COURT STAFF). (Entered: 11/05/2007) 16 Declaration of Stephen Wu in Support of 15 MOTION for Entry of Default filed byYang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Related document(s) 15 ) (Wu, Stephen) (Filed on 11/5/2007) (Entered: 11/05/2007) 17 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 15 MOTION for Entry of Default, 16 Declaration in Support, (Wu, Stephen) (Filed on 11/5/2007) (Entered: 11/05/2007)

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11/07/2007 18 Clerk's Notice ENTRY OF DEFAULT as to Wei-Man Raymond Tse, Jian Xiao and Victor So. (Related documents(s) 15 ) (hdj, COURT STAFF) (Filed on 11/7/2007) (Entered: 11/07/2007) 19 ORDER TO SHOW CAUSE re Received Document filed by Molly Lau. Signed by Judge Jeffrey S. White on November 7, 2007. (jswlc3, COURT STAFF) (Filed on 11/7/2007) (Entered: 11/07/2007) 20 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 19 Order to Show Cause as to Why Stay Should Not Be Granted (Wu, Stephen) (Filed on 11/28/2007) (Entered: 11/28/2007) 21 ORDER TO PLAINTIFFS' TO SHOW CAUSE RE COMPLIANCE WITH ORDER DATED NOVEMBER 7, 2007. Signed by Judge Jeffrey S. White on 11/29/07. (jjo, COURT STAFF) (Filed on 11/29/2007) (Entered: 11/29/2007) Set/Reset Deadline 21 : Order to Show Cause Response due by 12/6/2007. (sv, COURT STAFF) (Filed on 11/29/2007) (Entered: 11/30/2007) 22 RESPONSE TO ORDER TO SHOW CAUSE 21 by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao Re Compliance With Order Dated November 7, 2007. (Wu, Stephen) (Filed on 12/4/2007) Modified on 12/5/2007 (sv, COURT STAFF). (Entered: 12/04/2007) 23 Declaration of Stephen S. Wu in Support of 22 Response to Order to Show Cause Re Compliance with Order Dated November 7, 2007 filed byYang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Related document(s) 22 ) (Wu, Stephen) (Filed on 12/4/2007) (Entered: 12/04/2007) 24 Declaration of Christopher Cooke in Support of 22 Response to Order to Show Cause filed byYang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Related document(s) 22 ) (Cooke, Christopher) (Filed on 12/4/2007) (Entered: 12/04/2007) 25 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 22 Response to Order to Show Cause, 21 Order re Service of Court's Order dated 11/29/2007 (Cooke, Christopher) (Filed on 12/4/2007) (Entered: 12/04/2007) 26 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 23 Declaration in Support, 24 Declaration in Support, 22 Response to Order to Show Cause Re Compliance With Order Dated November 7, 2007 (Wu, Stephen) (Filed on 12/4/2007) (Entered: 12/04/2007) 27 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. Bill Shu Wai Ma served on 12/2/2007, answer due 12/24/2007. (Proof of Service by Process Server) (Wu, Stephen) (Filed on 12/7/2007) (Entered: 12/07/2007) 28 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. Christ Investment Service Inc. served on 12/2/2007, answer due 12/24/2007. (Proof of Service by Process Server) (Wu, Stephen) (Filed on 12/7/2007) (Entered: 12/07/2007) 29 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. CIS Service, Inc. served on 12/2/2007, answer due 12/24/2007. (Proof of Service by Process Server) (Wu, Stephen) (Filed on 12/7/2007) (Entered: 12/07/2007)

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12/10/2007 30 ORDER DISCHARGING 21 Order to Show Cause re Compliance with November 7, 2007 Order. Signed by Judge Jeffrey S. White on December 10, 2007. (jswlc3, COURT STAFF) (Filed on 12/10/2007) (Entered: 12/10/2007) 31 RESPONSE TO ORDER TO SHOW CAUSE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao as to Why Stay Should Not be Granted. (Wu, Stephen) (Filed on 12/21/2007) (Entered: 12/21/2007) 32 ORDER STAYING Case as to Defendant Lau. Signed by Judge Jeffrey S. White on January 2, 2008. (jswlc3, COURT STAFF) (Filed on 1/2/2008) (Entered: 01/02/2008) 33 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 32 Order Staying Action as to Defendant Molly Lau (Wu, Stephen) (Filed on 1/2/2008) (Entered: 01/02/2008) 34 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. Run Ping Zhou served on 12/6/2007, answer due 12/26/2007. Return of Service (Wu, Stephen) (Filed on 1/7/2008) (Entered: 01/07/2008) 35 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. South China Investments, Inc. served on 12/6/2007, answer due 12/26/2007. Return of Service (Wu, Stephen) (Filed on 1/7/2008) (Entered: 01/07/2008) 36 CASE MANAGEMENT STATEMENT filed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Wu, Stephen) (Filed on 1/8/2008) (Entered: 01/08/2008) 37 ORDER CONTINUING Case Management Conference. Signed by Judge Jeffrey S. White on January 9, 2008. (jswlc3, COURT STAFF) (Filed on 1/9/2008) (Entered: 01/09/2008) Set/Reset Hearings: Case Management Conference set for 4/11/2008 01:30 PM. (hdj, COURT STAFF) (Filed on 1/9/2008) (Entered: 01/11/2008) 38 MOTION for Leave to Issue Subpoenas and Motion for Extension of Time to Serve Complaint (Administrative Motion) filed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Wu, Stephen) (Filed on 1/10/2008) (Entered: 01/10/2008) 39 Declaration of Stephen S. Wu in Support of 38 MOTION for Leave to Issue Subpoenas and Motion for Extension of Time to Serve Complaint (Administrative Motion) MOTION for Leave to Issue Subpoenas and Motion for Extension of Time to Serve Complaint (Administrative Motion) filed byYang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Related document(s) 38 ) (Wu, Stephen) (Filed on 1/10/2008) (Entered: 01/10/2008) 40 Proposed Order re 38 MOTION for Leave to Issue Subpoenas and Motion for Extension of Time to Serve Complaint (Administrative Motion) MOTION for Leave to Issue Subpoenas and Motion for Extension of Time to Serve Complaint (Administrative Motion) by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. (Wu, Stephen) (Filed on 1/10/2008) (Entered: 01/10/2008) 41 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 38 MOTION for Leave to Issue Subpoenas and Motion for Extension of Time to Serve Complaint (Administrative Motion) MOTION for Leave to Issue Subpoenas and Motion for Extension of Time to Serve Complaint (Administrative Motion), 37 Order, 40 Proposed Order, 39 Declaration in Support, (Wu, Stephen) (Filed on 1/10/2008) (Entered: 01/10/2008)

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01/11/2008 01/23/2008 42 CASE MANAGEMENT STATEMENT filed by Run Ping Zhou. (hdj, COURT STAFF) (Filed on 1/11/2008) (Entered: 01/15/2008) 43 ORDER by Judge Jeffrey S. White granting in part and denying in part 38 Administrative Motion for Extension of Time to Serve and for Issuance of Subpoenas. (Attachments: # 1 Certificate of Service) (rbe, COURT STAFF) (Filed on 1/23/2008) (Entered: 01/23/2008) 44 CERTIFICATE OF SERVICE by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao re 43 Order on Motion for Miscellaneous Relief (Wu, Stephen) (Filed on 1/25/2008) (Entered: 01/25/2008) 45 SUMMONS Returned Executed by Yang-Chun Zhang, Carol Jian Deng, Hao Liang, Mei-Fang Lisa Zhang, Bay Area Affordable Housing, LLC, Xue-Huan Gao. Pacific Best Group Ltd. served on 9/27/2007, answer due 10/17/2007. (Return of Service) (Wu, Stephen) (Filed on 2/4/2008) (Entered: 02/04/2008)

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02/04/2008