1 C. D. Michel - SBN 144258 Jason A. Davis - SBN 224250 2 TRUTANICH • MICHEL, LLP 180 East Ocean Blvd., Suite 200 3 Long Beach, CA 90802 Tel: (562) 216.4444 4 Stephen P. Halbrook 5 LA W OFFICES OF STEPHEN P. HALBROOK 10560 Main Street., Suite 404 6 Fairfax, Virginia 22030 Tel: (703) 352.7276 7 Don B. Kates - SBN 039193 8 BENENSON & KATES 22608 North East 269th A venue 9 Battleground, Washington 98604 Tel: (360) 666.2688 10 11 Attorneys for Plaintiffs 12 13 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 IN AND FOR THE COUNTY OF FRESNO 15 EDWARD W. HUNT, in his official ) CASE NO. 01CECG03182 capacity as District Attorney of Fresno ) 16 County, and in his personal capacity as a ) DECLARATION OF CLAUDIA citizen and taxpayer, et. aI., ) AYALA IN SUPPORT OF REPLY TO 17 ) DEFENDANTS' OPPOSITION TO Plaintiffs, ) MOTION TO COMPEL ATTENDANCE 18 ) AND TESTIMONY OF MIKE SMALL, v. ) JEFF AMADOR, AND ALISON 19 ) MERRILEES; EXHIBITS "Z - AA" STATE OF CALIFORNIA; WILLIAM ) 20 LOCKYER, Attorney General of the State of) Date: January 23,2008 California; CALIFORNIA DEPARTMENT) Time: 3:30 p.m. 21 OF JUSTICE; Does 1-100; ) Dept: 72 ) 22 Defendants. ) ) 23 _=____ = __ = ___= __ =____ =_ =_____ =___ = ___ = ___ = __ =____ ~_____~ _____ ~ _____~~====}n_m 24 Plaintiffs, Edward W. Hunt, et. aI., submit the following declarations and exhibits in support 25 of Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion to Compel Attendance and 26 Testimony Mike Small, Jeff Amador, and Alison Merrilees. 27 III 28 III DECLARATION OF CLAUDIA A Y ALA REPLY TO DEFENDANTS' OPP. TO MOTION TO COMPEL 1 1 DECLARATIONS 2 Declaration of Claudia Ayala 3 EXHIBITS 4 Exhibit "z" - Deposition Transcripts ofIgnatius Chinn dated December 11, 2007 pages 46 - 5 47 and pages 61 - 104. 6 Exhibit "AA" - Declaration ofIgnatius Chinn In Support of Defendants' Motion For 7 Summary Judgment or, Alternatively, For Summary Adjudication on Plaintiffs' Amended 8 Complaint. 9 Dated: January 15,2008 10 11 J n A. Davis Attorney for Plaintiffs' 12 13 14 15 16 17 18 19 20 21 22 23 ........._------ .---- 24 25 26 27 28 DECLARATION OF CLAUDIA A Y ALA REPLY TO DEFENDANTS' OPP. TO MOTION TO COMPEL 2 1 DECLARATION OF CLAUDIA AYALA 2 I, Claudia Ayala, declare as follows: 3 1. I am the legal secretary for Jason Andrew Davis and an employee ofTrutanich 4 Michel, LLP counsel of record for Plaintiffs Edward Hunt et aI., v. The State of California et aI., 5 in the above captioned case. I have personal knowledge of and familiarity with the case of 6 Edward Hunt et aI., v. The State of California et aI., and the filings therein. The facts stated below 7 are within my personal knowledge and, if called as a witness, I could and would testify 8 competently thereto. 9 2. On Thursday, December 20,2007, I spoke to Mr. Beckington and served him with lOa copy of the ExParte Application and exhibits therein via email. 11 3. On Thursday, December 20,2007, after the ExParte hearing I added the hearing 12 date to Plaintiffs' Motion to Compel and then signed and mailed Mr. Beckington a copy of our 13 Motion to Compel via regular U. S. Mail, though I inadvertently did not identify the manner of 14 service for Plaintiffs' Motion to Compel when it was served on Mr. Beckington, but I 15 acknowledge that I served Plaintiffs' Motion to Compel via regular U. S. Mail on December 20, 16 2007. 17 4. On January 4,2008, Mr. Davis received a phone call from Mr. Beckington 18 indicating that he did not receive a copy of our Motion to Compel via mail. 19 5. On January 4, 2008, I sent Mr. Beckington another copy of our Motion to Co el 20 with exhibits via overnight mail. 21 I declare under penalty of perjury that the foregoing is true and 22 15, 2008, at Long Beach, California. .. J~ ... 24 25 26 27 28 DECLARA TION OF CLAUDIA A Y ALA REPLY TO DEFENDANTS' OPP. TO MOTION TO COMPEL 3 EXHIBIT Z 'I HUNT V STATE OF CA....._.JRNIA MuIti-Page1M IGNATIUS CHINN, 12111/0' IN THE StJP~RIOR ':QURi OF THE STATr. Of" CALIFORNIA fNoex I" AHO F'O~ THE COUNTY OF f'R.eSNO f;x.ur.l1I<isr.ir.·n by E.DWJ\RD W. HUtlT, in td.!) (.[tleld.l caVdcilV d~ Di!1tri(:t Attorneoy ot Fr~.:Hlo l"OllOr:.y. Cind in hUI person.al Cdp-.t,_·j t.y 'U 4 <:~1.tlz.~n <uld ta.,<p4ycr, EXHIBITS ';;'f.. ... 1. I Pl ... 1.ntitt9, D~po91tlon o( IGNATIUS CHINN v •. N". 0ICECG03182 STilT!: OF CIILIFORNIA, WILLIN-l TIH!sday, D!!cember ll, 2001 LOC}(·tEP, At.t.,rrl~y Gl'l-ner,ll ot St,H"t of c4litl)rni,,; CALtroP-HI" Number DEPARTM~NT I)F ..ruSTIC£.; Oo~-, 1-100, Oetenddnts. 9 A Ri;o9'Ulne or 19ndtlu9 H. Chinn, nine p"ge:J 10 10 B Letter ,jdted ~cell\h€or 15-, 2000, from 11 11 52 I~ CX!PQ!O i tion r.-t 12 C Letter d4ted October J1, 2000, from 1 ) IGNATIUS CHINN 13 Time·thy L. Rioeger, tWQ p<\'1es 58 14 D 61 1 S 15 E Pi'lqes 39, "0, 41, 42 <1nd 75 (rorn 16 16 Bro.,.nel13 c.:tt«log. six pdqecs 17 17 F Leeler dc.\ted. Auqu:Jt 19, 2000. from 19 18 Randy ROS91, one p4ge 8S R~pvrt:.~d by: G L@'tter dated AUllust 6, ?001, trom TRACY LEE MOORELAND 19 21 CSR P4(). 10J9"1 20 Hdr11yn R. LdBril3, eour Pdqes 89 Job No. l'/!lIlSLR 21 H REport d.ocumentat.ion pdq(" dod 23 4tt4ched documents, 51 p"q~~ 90 23 Title 11. Dep4rtment or JU9t.ice Notice '>t proposed rulem4.klnq, 111 APPEARANCES EXHIBITS, cont. Oepos1.tion of IGNATIUS CHINN For the ~l(llnt1tt': J Tuesday, J)ecel1\bor 11, 2007 TRUTAHICH HICHEL, LLP Numb~r BY: JASON A. OAVIS, ESQ. J Inlti«l st4tement ot r(fdSOnS, 1 SO EdS t OC~4n Boulevard, Sui te ~OO 6 two paqes 113 K Chd.pter 12. e, on(t p4qe 122 L T<e)Ct of mQdltied rt;oqulat.ion:;:, two po1qe:. 122 poc the D"!tend4nt~: 9 10 CI\LIFORHIA DEPI\RTHEIIT OF JUSTICE 10 11 aY: ALISOII H&R1ULEES, ESQ, 11 11 (f't'E:sent t.o Pdqe 132) 12 lot2!"> Riv@r P4tK Drive, Suite 540 13 14 SdC[4mento, california 95916 14 i"5 16 for the- Detenddnts: 16 17 CALIFORIIIII DEPI\RTMEHT OF JUSTICE 11 18 BY': MARK BECKINGTOH, ESQ. 18 19 )00 SOllth Sprtnq St.ree-t, Suite 1702 19 I~~COPY 20 Los Angeles, Cdlit'orni.s 90013 20 21 21 ---000--- 22 ( 23 2< 24 25 Page 1 - Page l " HUNT V'STATB OF CA.... .... JRNIA Multi-Page 1M IGNATIUS CmNN. 121111(J Page 45 Page 4 I hypothetical. A. Yes. 2 Q. BY MR. DAVIS: Do you understand the question? 2 Q. Has anybody been prosecuted under those fact 3 A. Yes. 3 patterns? 4 Q. And what would your answer be? 4 A. Yes. 5 MR. BECKlNGTON: If you understand the 5 Q. How many, to the best of your knowledge? 6 question, you can answer it. 6 A. Personally, one. 7 THE WITNESS: Virtually, in theory, there's no 7 Q. Who is that person? 8 such thing. 8 A. Two people. One was a Lefty Curtis and a 9 Q. BY MR. DAVIS: The two flash suppressors you 9 Chinese fellow who ordered the gun in from Ohio. It was 10 identified earlier, those were identified as the first 10 an MIA with a flash suppressor on it. II step or the second step? II Q. And that was the only characteristic that it 12 A. You mean the muzzle brakes? 12 had on it that made it an assault weapon? 13 Q. I'm sorry, yes, the muzzle brakes. 13 A. Yes. 14 A. They were -- yes, they were identified early. 14 Q. Do you know his -- do you know his sentence? 15 Q. In the first phase? 15 A. Yes. 16 A. Yes. 16 Q. What was his sentence? 17 Q. Because of what the ATF stated? 17 A. Both pled to a misdemeanor, 12280, small B .. 18 A. What the ATF stated and what Browning stated, 18 or Ai misdemeanor, and they were both given probation. 19 yes. 19 Q. Did they have their firearms returned? 20 Q. You state in your declaration that if the 20 A. No. Lefty did. He got about 30 weapons back. 21 fireanns division were unable to detennine whether a 21 Q. Did he receive the firearm that was an assault 22 particular device functions to perceptibly reduce or 22 weapon with the flash suppressor? 23 redirect muzzle flash in the shooter's field of vision 23 A. No. 24 based on inspection of the device, they would consult 24 Q. And that's all you know of? 25 with the ATF? 25 A. Personally, yes. r·.,' .. ,. Page 46 Page 4f I MR. BECKlNGTON: Again, if you could direct the Q. When you say "personally," what do you mean? 2 witness to which page you're referring to. 2 A. The cases that I've personally made, yes. 3 THE WITNESS: Yes. 3 Q. Do you know of any other special agents that 4 Q. BY MR. DAVIS: Might be repeating these. Has 4 have prosecuted -- 5 anybody been arrested for possessing an assault weapon 5 A.