Free Memorandum - District Court of Arizona - Arizona

EXHIBIT B
-5-
Case 2:03-cv-02262-ROS Document 194-3 Filed 11/28/2005 Page 1 of 2

STATE OF ARlZONA )
) ss. AFFIDAVIT OF CHARLES CHESTER
County of Maricopa )
Before me this date appeared Charles Chester known to me to be a credible person
over the age of eighteen, an upon his oath deposes and says;
"I am Charles Chester, have personal knowledge of the facts stated
herein and am competent to testify regarding those facts.
I am responsible for defending Bank of America in Hutton v. Bank
of America. I report to Jay Price who is an attorney with the Bank’s Legal
Department
Among the documents delivered to my ofiices by the Bank’s Legal
Department as background information during the course of the defense of
the Hutton case was a four page copy of notes taken by Barbara Davis, on
May 31, 2000 during a conversation to which she, Lloyd Aubry, lay Price
and Linda Edwards were parties. I am informed and believe that Ms
Edwards and Ms Davis were attorneys with Paul, Hastings, lanowoski and
Walker at the time.
From the facsimile notations, it is apparent that the notes were
transmitted in January 2002, to Sharon Fong from Debra Weiser, an
attorney with Paul Hastings, together with a letter authored bly Ms. Edwards
relating to California litigation she and Ms Davis were de ending for the
Bank. At that time, Ms. Fong was a paralegal in the Bank’s legal
department. By reading the notes it is impossible to determine whose, if
anyone’s, communications were being interpreted or opined upon when any
particular notation was made."
Charles Chester
Subscribed and sworn to before me this L day of L lpt/Qhvilf/K, 2005.
gotary Puglrc l E
My commission expires;
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Case 2:03—cv—02262—ROS Document 194-3 Filed 11/28/2005 Page 2 of 2

Case 2:03-cv-02262-ROS

Document 194-3

Filed 11/28/2005

Page 1 of 2

Case 2:03-cv-02262-ROS

Document 194-3

Filed 11/28/2005

Page 2 of 2