Free Declaration in Support - District Court of California - California

Case 3:07-cv-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 STEPHEN S. WU SUPPORTING ADMINISTRATIVE MOTION FOR LEAVE TO ISSUE SUBPOENAS AND MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT

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

spot fPa tf Administrative Motion for Leave to Issue Subpoenas and Motion for upr o ln f ' i is Extension of Time to Serve Complaint. -1DECLARATION OF STEPHEN S. WU SUPPORTING ADMINISTRATIVE MOTION FOR LEAVE TO ISSUE SUBPOENAS AND MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT Case No.: C-07-04946 JSW

Case 3:07-cv-04946-JSW

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2.

Plaintiffs filed their Complaint on September 24, 2007. Since then, Plaintiffs

have sought diligently to serve all of the Defendants. 3. Plaintiffs have hired a process server company and a private detective in an effort

to complete service on all Defendants. On September 27, 2007, the private detective, Glen Alberigi, served Wei-Man Raymond Tse in the lobby of 555 Montgomery Street in San Francisco, by handing him the Summons, Complaint, and other suit papers. Mr. Tse attempted to refuse the papers, but Mr. l r i u t ppr udr . s' r h a , n w l d Ab i pth ae ne MrTe i t r ad a e eg e s s g m k away. (See Declaration of Personal Service of Glen Alberigi at 1 (Docket No. 6).) According to Mr. Alberigi, Mr. Tse then dropped the documents on the floor, in a fruitless attempt to avoid service. (See Declaration of Christopher Cooke Regarding Service on Wei-Ma " am n Te n R y od s" at 3 (Docket No. 7).) 4. Plaintiffs have reported to me that after service of the Summons and Complaint,

the other individual Defendants stopped coming into the office at 555 Montgomery Street, including Theresa Wong and James Yu. 5. T epoessre cm ay S eii dL gl e i s Ic ( pc le" h rcs e r o pn, pc le ea Sr c , n. " eii d) v az ve S az ,

was able to serve Defendant Jian Xiao at his home on October 1, 2007. 6. It was necessary to track down Defendant Victor So at the Legendary Palace, a

restaurant that he frequents, in order to serve him there. Service was completed by Specialized on October 5, 2007. 7. Specialized served Defendant Molly Lau through a co-occupant of her home on

October 10, 2007. 8. Specialized attempted to serve Defendants Bill Shu Wai Ma, Christ Investment

Service Inc., and CIS Service Inc. from September through November 2007 at his home. Mr. Ma is the registered agent for service of process for Christ Investment Service Inc., and CIS Service Inc. A Specialized representative, Martin Horwitz, told me that the Specialized process sre w r hv g rulcm li t sri .O Sp m e 2, 07 a a aMrMa e r e ai t b o p t g h e c n et br 5 20, m n t . ' vs e n o e en e v e e s address and fitting the description of Mr. Ma refused to receive the documents and denied being Mr. Ma,ti h nm w s Dc Wog On 12 other occasions, the Specialized Process s tg i a e a " i an s k n. " -2DECLARATION OF STEPHEN S. WU SUPPORTING ADMINISTRATIVE MOTION FOR LEAVE TO ISSUE SUBPOENAS AND MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT Case No.: C-07-04946 JSW

Case 3:07-cv-04946-JSW

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Servers found no one at home. Finally, on December 2, 2007, a woman answered the door, who refused to give her identity, but took the papers from the Specialized process server, and Specialized mailed the documents to Mr. Ma after having left them with his co-occupant. 9. MrH r i t dm t t ep ef qet it t D f dn ' fcsa 55 . owt o e h dsi r un v i o e nat of e t 5 z l a t e ss e s i

Montgomery Street and the address in the Secr ay o Sa ' r od frS u C i e r f te e rs o ot h a t ts c h n Ivs etn."ot C i " S eii dpoes e e w r ual t f dD f dn net n Ic ( u h a) pc le rcs sr r e nb o i e nat m S h n , az vs e e n e s Theresa Wong, James Yu, or Run Ping Zhou, the registered agent for service of process for South China, or serve anyone at D f dn ' fcsw ow u b wln t t et si e nat of e h ol e ii o a h u e s i d lg k e t papers. 10. When Plaintiffs found the whereabouts of Run Ping Zhou, a second process

sre cm ay G a n e S bon Sri ,n." ur t d)hne t sippr t e r o pn, ur t d upea e c Ic ( a n e" add h u ae o v ae ve G ae , e t s Ms. Zhou at her home in Cameron Park. Guaranteed reported to me, however, that Ms. Zhou denied that she is the person known as Flora Zhou, an alias that she has used in the past. Service was completed on December 7, 2007. 11. T e pi t dt t e ae p t t c dw Ms Wog h h r a e cv' tm t o r k o n . n ave not been v e ei s t s a

successful to date. Plaintiffs reported that Ms. Wong has made two trips out of the country since Mr. Tse was served, and that she is currently out of the county. 12. Plaintiffs believe that Mr. Yu works at the California Department of Motor

Vehic s " MV )bth D l ( e D " u t MV wlnt i cusl . us ot tnom t nwt u a , e i o g e one MrY ' cn c i r ao i ot l v a f i h subpoena. 13. In summary, as of the date of this Declaration, Plaintiffs have served and filed

returns of service for the following defendants: Wei-Man Raymond Tse, Run Ping Zhou a.k.a. Flora Zhou, Bill Shu Wai Ma, Molly Lau, Victor So, Jian Xiao, Christ Investment Service Inc., CIS Service Inc., and South China Investment Inc. They are preparing a return of service for Pacific Best Group Ltd. a.k.a. Pacific Best Company Ltd. based on service on Mr. Tse and the fact that he is the general manager of the company. 14. The only remaining unserved defendants are Theresa Wong and James Yu.

-3DECLARATION OF STEPHEN S. WU SUPPORTING ADMINISTRATIVE MOTION FOR LEAVE TO ISSUE SUBPOENAS AND MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT Case No.: C-07-04946 JSW

Case 3:07-cv-04946-JSW

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15.

Since the Complaint was filed on September 24, 2007, none of the Defendants has

entered an appearance in this case in any way, except for the letter from Defendant Molly Lau requesting a stay of the action as against her. 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 January 10, 2008.

/s/ STEPHEN S. WU

-4DECLARATION OF STEPHEN S. WU SUPPORTING ADMINISTRATIVE MOTION FOR LEAVE TO ISSUE SUBPOENAS AND MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT Case No.: C-07-04946 JSW