Free Objection - District Court of California - California

Case 5:07-cv-04808-JF

Document 58

Filed 07/25/2008

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KURT OSENBAUGH (State Bar No. 106132) DEBORAH YOON JONES (State Bar No. 178127)
SA Y AKA KARITANI (State Bar No. 240122)

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WESTON, BENSHOOF, ROCHEFORT, RUBALCAVA & MacCUISH LLP 333 South Hope Street, Sixteenth Floor Los Angeles, California 90071
Telephone: (213) 576-1000

Facsimile: (213) 576-1100
kosenbaughêwbcounsel.com

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dj onesêwbcounsel.com
skaritaniêwbcounsel.com

Attorneys for Plaintiff and Counter-Defendant
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BP WEST COAST PRODUCTS LLC

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
BP WEST COAST PRODUCTS LLC, a Delaware Limited Liability Company,
Plaintiffs,
v.

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Case No.: C07 04808 JF

EVIDENTIARY OBJECTIONS TO DECLARATION OF JOHN G. MICHAEL
(Filed concurrently herewith Reply Briefs in Support of Motions for Summary Judgment as
Counterclaim; Declaration of Elizabeth Chang;

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STTN ENTERPRISES, INC., a California Corporation; NAZIM FAQUIRY AN, an individual;
SA YED FAQUIRY AN, an individual; and MAGHUL FAQUIRY AN, an individual; and A V A

to Second Amended Complaint and
Additional Declaration of Deborah Jones;
Evidentiary Objections to Declaration of Sayed Faquiryan; and Appendix of Authorities.)
Date: Time: Crtrm:

GLOBAL ENTERPRISE, LLC, a California limite liability company,
Defendants.

August 8, 2008 (reserved)
9:00 a.m.

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Honorable Jeremy Fogel

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Filing Date:

September 17,2007

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AND RELATED CROSS-ACTION.

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EVIDENTIARY OBJECTIONS TO DECLARATION OF JOHN G. MICHAEL

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Case 5:07-cv-04808-JF

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Plaintiff and Counter-Defendant BP West Coast Products, LLC ("BPWCP") hereby
submits the following evidentiary objections to the Declaration of John G. Michael, submitted in

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connection with Defendants STTN Enterprises, Inc. ("STTN"), Nazim Faquiryan, Sayed Faquiryan,

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Maghul Faquiryan and A V A Global Enterprise, LLC's (collectively, "Defendants") opposition to:
(1) BPWCP's Motion for Summary Judgment, or in the Alternative, Parial Summary Judgment as to

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the Second Amended Complaint, and (2) BPWCP's Motion for Summary Judgment, or in the
Alternative, Partial Summary Judgment as to the Counterclaim. Evidence offered in support of a
motion for summary judgment must be in the form of affdavits or declarations based upon personal
knowledge, and must constitute admissible evidence. Fed.R.Civ.Proc.56(e).

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Accordingly, BPWCP objects to, and moves to strike, Defendants' testimony that
fails to meet the requisite standards for admissibility on the following grounds:

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OFFERED EVIDENCE
1.

EVIDENTIARY OBJECTIONS

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, 8 and Exhibit "F": "Attached hereto as 1.

BPWCP objects to this statement on the

Exhibit 'F' is a true and correct copy of a letter ground that it lacks foundation in that: (a) the

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produced by BP West Coast Products LLC document has not been properly authenticated,
("BP") during discovery.
This is a letter of (Fed.R.Evid. § 901), and (b) counsel for STTN

instructions from BP to its title company lacks personal knowledge of the truth of the

regarding the recording of, among other things, document. (Fed.R.Evid. § 602.)
BP's deed of

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trust."

2.

~ 9 and Exhibit "G": "Attached hereto 2.

BPWCP objects to this statement on the

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as Exhibit 'G' is a true and correct copy of the ground that it lacks foundation in that: (a) the

Deed of Trust by BP on March 9, 2007, a copy document has not been properly authenticated,

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of which was produced by BP during (Fed.R.Evid. § 901), and (b) counsel for STTN
discovery. "

lacks personal knowledge of the truth of the

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document. (Fed.R.Evid. § 602.)

EVIDENTIARY OBJECTIONS TO DECLARATION OF JOHN G. MICHAEL

Case 5:07-cv-04808-JF

Document 58

Filed 07/25/2008

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DATED: July 25, 2008
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KURT OSENBAUGH DEBORAH YOON JONES
SA Y AKA KARIT ANI

WESTON, BENSHOOF, ROCHEFORT, RUBALCAVA & ac UISH LLP

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EVIDENTIARY OBJECTIONS TO DECLARATION OF JOHN G. MICHAEL