Video Software Dealers Association et al v. Schwarzenegger et al

Filing 73

Video Software Dealers Association et al v. Schwarzenegger et al

Doc. 73

Case 5:05-cv-04188-RMW

Document 73

Filed 03/30/2006

Page 1 of 3

1 BILL LOCKYER Attorney General of the State of California 2 LOUIS R. MAURO Senior Assistant Attorney General 3 CHRISTOPHER E. KRUEGER Supervising Deputy Attorney General 4 SUSAN K. LEACH Deputy Attorney General 5 ZACKERY P. MORAZZINI, State Bar No. 204237 Deputy Attorney General 1300 I Street, Suite 125 6 P.O. Box 944255 Sacramento, CA 94244-2550 7 Telephone: [phone] Fax: [phone] Email: [e-mail] 9 Attorneys for Defendants Governor Arnold 10 Schwarzenegger and Attorney General Bill Lockyer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I, ZACKERY P. MORAZZINI, declare as follows: 1. I am an attorney at law, duly admitted to all courts of the State of California and IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIDEO SOFTWARE DEALERS ASSOCIATION and ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiffs, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; BILL LOCKYER, in his official capacity as Attorney General of the State of California; GEORGE KENNEDY, in his official capacity as Santa Clara County District Attorney, RICHARD DOYLE, in his official capacity as City Attorney for the City of San Jose, and ANN MILLER RAVEL, in her official capacity as County Counsel for the County of Santa Clara, Defendants. C 05 4188 RMW RS DECLARATION OF ZACKERY P. MORAZZINI IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

28 before the United States District Court for the Northern District of California, and am one of the
MORAZZINI DECLARATION Video Software Dealers Association, et al. v. Arnold Schwarzenegger, et al. C 05 4188 RMW RS

1
Dockets.Justia.com

Case 5:05-cv-04188-RMW

Document 73

Filed 03/30/2006

Page 2 of 3

1 attorneys of record for Governor Arnold Schwarzenegger and Attorney General Bill Lockyer, 2 named as defendants in this action. I have personal knowledge of the following and if asked to 3 testify thereto could do so competently. 4 2. Between the dates of November 3 through November 4, 2005, I personally traveled to

5 the Senate Judiciary Committee office, Assembly Judiciary Committee office, and the Assembly 6 Committee on Arts, Entertainment, Sports, Tourism, and Internet Media office. I obtained the 7 committee files for AB 1179 and AB 450 from each individual office. I personally copied, or 8 caused to have copied in my presence, materials relevant to the present proceedings obtained 9 from the following files, true and correct copies of which are bates stamped and included in 10 Appendices A-C, as follows: 11 · Appendix A consists of material copied from the Assembly Judiciary Committee file on

12 AB 450; 13 14 450; 15 · Appendix C consists of material copied from the Assembly Committee on Arts, · Appendix B consists of material copied from the Senate Judiciary Committee file on AB

16 Entertainment, Sports, Tourism, and Internet Media file on AB 450. 17 3. The following materials had missing pages in the original legislative files, apparently

18 due to photocopying errors, likely due to the double sided originals copied. Therefore, copies of 19 these materials in their entirety are included in Appendix D, as follows: 20 · Assembly Judiciary Committee file on AB 450, Gentile, et al., The Effects of Violent

21 Video Game Habits on Adolescent Hostility, Aggressive Behaviors, and School Performance, 22 Journal of Adolescence 27 (2004) 5-22; 23 · Senate Judiciary Committee file on AB 450, Uhlmann & Swanson, Exposure to Violent

24 Video Games Increases Automatic Aggressiveness, Journal of Adolescence, 27 (2004) 41-52; 25 4. Material obtained from the Assembly Judiciary Committee file on AB 450 shows that

26 the Legislature was referred to additional articles and studies relevant to the issues presented in 27 this matter. See Appendix A, A014, ""Violent Video Game Bibliography." True and correct 28 copies of relevant materials cited therein are included in Appendix E.
MORAZZINI DECLARATION Video Software Dealers Association, et al. v. Arnold Schwarzenegger, et al. C 05 4188 RMW RS

2

Case 5:05-cv-04188-RMW

Document 73

Filed 03/30/2006

Page 3 of 3

1

I declare under penalty of perjury that the foregoing is true and correct, executed this 30th

2 day of March, 2006, at Sacramento, California. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MORAZZINI DECLARATION Video Software Dealers Association, et al. v. Arnold Schwarzenegger, et al. C 05 4188 RMW RS

/s/ Zackery P. Morazzini ZACKERY P. MORAZZINI

3