Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 37

DECLARATION of Jerry H. Stein in SUPPORT OF 11 Statement. (Attachments: # 1 Exhibit: Sales Transaction, # 2 Exhibit E-Mail from Alston)(Stein, Jerry) Modified on 4/16/2008 (Benson, A).

Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Doc. 37

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JERRY H. STEIN (State Bar No. 78309) LEVIN & STEIN 28494 Westinghouse Place, Suite 201 Valencia, California 91355 Telephone: [phone] Facsimile: [phone] Email: [e-mail] KEN T. KUNIYUKI KUNIYUKI & CHANG Suite 2660, Pauahi Tower 1003 Bishop Street Honolulu, HI 96813-3429 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants and Counter-Claimants JOHN DOE and JANE DOE

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 ERIC GRANT, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
D E C L A R A T I O N OF JERRY H. STEIN IN SUPPORT OF REPLY

) ) Plaintiff, ) v. ) KAMEHAMEHA SCHOOLS/BERNICE ) PAUAHI BISHOP ESTATE; J. DOUGLAS ING, ) NAINOA THOMPSON, DIANE J. PLOTTS, ) ROBERT K.U. KIHUNE, and CORBETT A.K ) KALAMA, in their capacities as Trustees of the ) Kamehameha Schools/ Bernice Pauahi Bishop ) Estate; JOHN DOE; and JANE DOE, ) ) Defendants. ) ) JOHN DOE; and JANE DOE, ) ) Counter-Claimants ) ) v. ) ) KAMEHAMEHA SCHOOLS/BERNICE ) PAUAHI BISHOP ESTATE; J. DOUGLAS ING, ) NAINOA THOMPSON, DIANE J. PLOTTS, ) ROBERT K.U. KIHUNE, and CORBETT A.K ) KALAMA, in their capacities as Trustees of the ) Kamehameha Schools/ Bernice Pauahi Bishop ) Estate; and ERIC GRANT, ) ) Counter-Defendants ) )

CASE NO.:08-00672 FCD-KSM DECLARATION OF JERRY H. STEIN IN SUPPORT OF REPLY TO OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Dockets.Justia.com

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I, Jerry H. Stein, declare as follows: 1. I am an attorney at law duly licensed to practice before all courts of the State of California

and before this Court. I am a partner in the law firm of Levin & Stein, which firm represents the Does in this action. I have personal knowledge of all facts set forth in this Declaration and if called upon to testify, I could and would testify competently thereto. 2. On April 14, 2008, I did a search on the Lexis data base to determine if there were any

transactions in which the Estate of Bernice Pauahi Bishop (the "Estate") appeared as a seller or buyer of real property in California. Four such transactions were identified, including a June 2003 transaction in which the Estate sold property in Riverside County. A true and correct printout of the information available on Lexis regarding this June of 2003 transaction is attached hereto as Exhibit 1. 3. Attached hereto as Exhibit 2 is a true and correct copy (without attachments) of an E-mail

I received from Paul Alston, one of the Estate's attorneys. The E-mail provides in relevant part: "Attached is a letter the Cades firm received from Banks & Watson. As you will see, that letter claims (wrongly) that KS "believes it has no claim" against Mr. Grant. KS presently has no such belief; it is, as I said above, still evaluating its rights." I declare under penalty of perjury that the foregoing is true and correct. Executed on April 15,

/s/ Jerry H. Stein1 Jerry H. Stein

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Counsel has the executed original. 2
D E C L A R A T I O N OF JERRY H. STEIN IN SUPPORT OF REPLY