Free Declaration in Support - District Court of California - California

Case 3:07-cv-04718-CRB

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Filed 12/13/2007

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MICHAEL J. O'TOOLE (SBN 97779) City Attorney RANDOLPH S. HOM (SBN 152833) Assistant City Attorney CITY OF HAYWARD 777 "B" Street Hayward, California 94541 Telephone: (510) 583-4450 Facsimile: (510) 583-3660 Attorneys for Defendants City of Hayward, Lloyd Lowe, and Jason Corsolini UNITED STATES DISTRICT COURT

8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARIA JOYA, individually, and as Adminstrator of the Estate of NASIR SOLIS, ) ) ) ) Plaintiffs, ) ) -vs) ) CITY OF HAYWARD, et al., ) ) Defendants. ) ) _________________________________ DECLARATION OF RANDOLPH S. HOM I, RANDOLPH S. HOM, declare that: I am licensed to practice before the United States District Court, Northern District, and that I have personal knowledge of the facts set forth herein, except those facts set forth on information and belief, and that if called as a witness in this case, I could and would competently testify as follows: 1. I am an attorney with the City of Hayward City Attorney's Office, and our office Case No:. C 07 -04739 (SI) DECLARATION OF RANDOLPH S. HOM

is responsible for handling the defense of defendants City of Hayward, Lloyd Lowe, and Jason Corsolini in the within action. 2. Plaintiff, Maria Joya, is the surviving mother of the decedent, Nasir Solis, and

plaintiff, Saleh Ali, is his surviving father. On September 13, 2007, Joya e-filed her complaint, which is a verbatim duplicate of the Ali complaint, including each and every allegation and
Joya v.City of Hayward, et al. USDC Case No. C 07-04739 (SI) Declaration of Randolph S. Hom

Case 3:07-cv-04718-CRB

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each cause of action, with the case assigned to the Honorable Susan Illston. On September 28, 2007, Joya personally served her complaint on defendants. On October 16, 2007, defendants answered the complaint. 3. On October 19, 2007, Ali served his complaint via United States mail on

defendants. It should be noted that plaintiff filed a proof of service indicating personal service of the complaint on a "Jane Doe" on the fourth floor of Hayward City Hall on September 25, 2007. Defendants' counsel never received the complaint that was purportedly personally served. In the spirit of facilitating the adjudication of the matter, and since defendants already had answered the duplicative complaint in Joya, defendants answered the mail served complaint in the Ali action on October 31, 2007, rather than formally contest service of process. 4. On October 31, 2007, defendants counsel forwarded plaintiff's counsel in Joya

and Ali a stipulation to mediate the dispute and forwarded a draft joint case management conference statement. Again in the spirit of facilitating the adjudication of the matter, rather than waiting until the December 12th deadline, on October 31, 2007, defendants declined to proceed before Magistrate Judge Edward M. Chen. 5. On November 2, 2007, the case was reassigned to the Honorable Charles R.

Breyer. On November 7, 2007, at the Court's request, Ali filed an electronic version of his complaint. After normal business hours, on November 8, 2007 at 5:27 p.m., Ali's counsel proposed via electronic mail that the within matter be consolidated with Joya v. City of Hayward, with the Ali matter serving as the lead case. Defendants' counsel was on vacation from November 9 through November 25, 2007. On November 28, 2007, defendants' counsel advised Ali's counsel that he is amenable to consolidating the matters with Joya serving as the lead case, with the Honorable Susan Illston presiding. Since defendants did not accept plaintiff's proposal, Ali's counsel characterized defendants' decision to not proceed before a Magistrate as improper /// /// /// ///
Joya v.City of Hayward, et al. USDC Case No. C 07-04739 (SI) Declaration of Randolph S. Hom

Case 3:07-cv-04718-CRB

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Filed 12/13/2007

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"forum shopping". I declare under penalty of perjury pursuant to the laws of the United States of America that the foregoing is true and correct. EXECUTED on this 12th day of December 2007, at Hayward, California.

/S/ RANDOLPH S. HOM

Joya v.City of Hayward, et al. USDC Case No. C 07-04739 (SI)

Declaration of Randolph S. Hom

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