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

Case 5:07-cv-04507-JF

Document 11

Filed 10/10/2007

Page 1 of 3

1 2 3 4 5 6 7 8

LINDA SHAO (CA 182768) LAW OFFICE OF LINDA SHAO, APLC 28 North First Street, Suite 618 San Jose, CA 95131 Phone: 408-873-3888 Fax: 408-873-3889 Attorney for Defendant PTI Global Inc. Limited Scope of Representation for filing this Opposition only Specially appearing only UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ACTICON TECHNOLOGIES LLC Case No. C07-4507BZ DECLARATION OF CHI LIN TOM SUPPORTING PTI GLOBAL INC'S OPPOSITION TO PLAINTIFF'S EX PARTE MOTION FOR TRO

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 more than four (4) years before the alleged dissolution of Pretec Electronics Corporation. Attached hereto in EXHIBIT 1 is a true and accurate copy of the Articles of Incorporation of Pretec Technology Inc.
Acticon vs. Pretec et al. Case No. C07-4507 BZ Page 1 Declaration of Chi Lin Tom Supporting PTI Global's Opposition to Plaintiff's Motion for TRO

Plaintiff, vs. PRETEC ELECTRONICS CORPORATION, et al. Defendants I, Chin Lin Tom, solemnly swear that 1. I am General Manager of PTI Global, Inc. since September 2006. I am in custody of the Corporate documents. I have personal knowledge of the facts stated herein or based on information and belief. 2. The predecessor of PTI Global, Inc. is Pretec Technology, Inc. Pretec Technology, Inc. is a complete distinct legal entity from Pretec Electronics Corporation, the first named defendant in this case. Plaintiff suggested that Pretec Electronics Corporation is a successor and a corporation created after dissolution of Pretec Electronics Corporation. That is not the case at all. Pretec Technology, Inc. was established in January 2002,

Case 5:07-cv-04507-JF

Document 11

Filed 10/10/2007

Page 2 of 3

3. 1 2 3 4 5 6 7

The corporation was renamed to be PTI Global Inc. with the paperwork submitted to the Secretary of State on October 23, 2006. The endorsed filed date of the Certificate of Amendment of the Articles of Incorporation Certificate made by the Secretary of State was not determined by PTI Global, Inc. as speculated by Plaintiff as shown in the Complaint. The endorcement was made by the Secretary of the State of California, which appeared to be misused by Plaintiff to support its theory for conspiracy shown in Paragraphs 34 and 35 of the Complaint.

8 9 10 11 12 13 14 officer of PTI. Attached hereto in EXHIBIT 2 is a true and accurate copy of the most 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Acticon vs. Pretec et al. Case No. C07-4507 BZ Page 2 Declaration of Chi Lin Tom Supporting PTI Global's Opposition to Plaintiff's Motion for TRO

4.

PTI is in the business as a distributor only. It does not have any manufacturing business as speculated by Plaintiff in Paragraph 18 of the Complaint. There is no funding from Pretec Electronics Corporation as alleged by Plaintiff's Complaint paragraph 76.

5.

There is only one shareholder of PTI, who is Kuei Lu, who is the sole director, and sole

current Statement of Information of PTI. Mr. Lu has been PTI's shareholder since January 1, 2006, well before the time when Pretec Electronics Corporation was allegedly sued. Thus, I believe Plaintiff mistook PTI to be a successor for Pretec Electronics Corporation. I swear under the penalty of perjury under the laws of the United States that the foregoing is true and accurate. Executed on October 10, 2007 in San Jose, California. _____________________________ Chi Lin Tom

Case 5:07-cv-04507-JF

Document 11

Filed 10/10/2007

Page 3 of 3