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
Document 58
Filed 07/25/2008
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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