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Marc Steven Colen, sbn 108275 Law Offices of Marc Steven Colen 5737 Kanan Road, Ste. 347 Agoura Hills, CA 91301 Tele: 818.716.2891 Attorney for Defendants Todd Sankey and The Sankey Firm, Inc.,

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

) ( Lisa Liberi, et al., ) ) ) Plaintiffs, ) ) vs. ) ) Orly Taitz, et al., ) ) Defendants ) ) __________________________ )

Case No.: 8:11-cv-00485 AG (AJWx) Hon. Andrew Guilford Courtroom 10D DEFENDANTS TODD SANKEY AND THE SANKEY FIRMS OBJECTIONS TO DECLARATIONS Date Action Filed: Trial Date: Hearing Date: May 4, 2009 June 5, 2012 May 21, 2012

Liberi v. Taitz Case No.: 8:11-cv-00485 AG Objections to Declarations pg. 1

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PELIMINARY STATEMENT Defendants Todd Sankey and The Sankey Firm, Inc. (collectively referred to as SANKEY) object to the entirety of Declarations of Lisa Liberi, Lisa Ostella and Philip Berg and the exhibits attached thereto on the following grounds and bases1: THE EVIDENCE IS NOT ADMISSIBLE When ruling on a Motion for Summary Judgment, a trial Court can only consider admissible evidence. Fed. R. Civ. P. 56(3); Orr v. Bank of America, NT & SA 285 F.3d 765, 773 (9th Cir. 2002). Documents must be authenticated or the Court will not consider them. Orr, 285 F.3d at 773, see also Fed. R. Evid. 901(a). In particular, the statements and exhibits lack foundation and, thus, are not properly authenticated pursuant to Federal Rule of Evidence 901. Beyene v. Coleman Security Servs, Inc., 854 F. 2d 1170, 1182 (9th Cir. 1988) (for purposes of Summary Judgment, attaching upon mere assertion that they were true and correct copies of exhibits was insufficient to lay a foundation and authenticate the attached documents absent personal knowledge of the facts in the documents); see also Orr, 285 F. 3d at 773-774, 777 (affidavit must lay a foundation to authenticate discovery documents).

The arguments and citations numbered as 1 and 2 are derived, but expanded

upon and corrected from the corresponding document filed in Plaintiffs Objections to the Reed Defendants Evidence, Docket No. 507, in order to obviate, or at least minimize, the Plaintiffs any legal arguments in their reply to these objections. The Plaintiffs
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declarations fail to even make the statement that the documents are true and correct. Sections of the Declaration of Lisa Liberi To Which These Objections Apply: 1, 2, 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, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 Sections of the Declaration of Lisa Ostella To Which These Objections Apply: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 Sections of the Declaration of Philip Berg To Which These Objections Apply: 7, 9, 11, 12, 13, 14, 15, 16, 17 2. THE DECLARATION LACKS FOUNDATION

These paragraphs constitutes inadmissible hearsay pursuant to Federal Rule of Evidence 802, in that it is offered for the truth of the matters asserted in it. Orr, 285 F.3d at 778-779; Blair Foods, Inc. v. Ranchers Cotton Oil, 610 F. 2d 665, 667 (9th Cir. 1980). The paragraph fails to lay a foundation because it does not provide the relevant underlying documents or other necessary information and thus, fails to provide prima facie evidence of genuineness. The declaration cannot establish the declarants personal knowledge of the information referenced in violation of Fed. R. Evid. 602. The statements comprise speculation and baseless opinion testimony.
Liberi v. Taitz Case No.: 8:11-cv-00485 AG Objections to Declarations pg. 3

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Sections of the Declaration of Lisa Liberi To Which These Objections Apply: 1, 2, 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, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 Sections of the Declaration of Lisa Ostella To Which These Objections Apply: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 Sections of the Declaration of Philip Berg To Which These Objections Apply: 7, 9, 11, 12, 13, 14, 15, 16, 17 3. COPIES MUST BE ATTACHED

Sworn or certified copies of any documents referred to in declarations must be attached thereto or served therewith. Fed.R.Civ.Pro 56(e)(1) The fact the witness has personal knowledge of the facts stated in the documents is immaterial: If the affidavit cites documentary evidence as a factual source, Rule 56(e)(1) requires attachment. School Dist. No. 1J, Multnomah County v. AC and S, Inc. (9th Cir. 1993) 5 F3d 1255, 1262. That it would be unduly costly or burdensome to attach the documents does not excuse this requirement. School Dist. No. 1J, supra, 5 F3d at 1262 wherein it was held that an attorneys affidavit referred documents but did not attach them because they were 21,000 pages]. Liberi refers to a multitude of documents by reference to the case docket without even stating the name of document.

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Failure to attach documents referred to in a declaration is ground for exclusion of the entire declaration even if the declaration also contains facts stated on the witness personal knowledge. School Dist. No. 1J, supra, 5 F3d at 1262. Sections of the Declaration of Lisa Liberi To Which These Objections Apply: 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 25, 26, 33, 34, 35, 37, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 Sections of the Declaration of Lisa Ostella To Which These Objections Apply: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 Sections of the Declaration of Philip Berg To Which These Objections Apply: 4, 7, 11, 12, 13, 14, 16, 17

RELEVANCY

Neither Todd Sankey nor The Sankey Firm, Inc. had any involvement with anything to do concerning the Plaintiffs. The actions of any person or entity, including Neil Sankey and Orley Taitz are irrelevant. Statements that have nothing whatsoever to do with the Motion for Summary Judgment are also irrelevant. Sections of the Declaration of Lisa Liberi To Which These Objections Apply:
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Liberi v. Taitz Case No.: 8:11-cv-00485 AG Objections to Declarations pg. 6

1, 2, 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, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, 52 Sections of the Declaration of Lisa Ostella To Which These Objections Apply:

Sections of the Declaration of Philip Berg To Which These Objections Apply: 8, 10, 11, 12, 13, 14, 15, 16, 17 CONCLUSION AS TO THE DECLARATION OF LIBERI AND THE DOCUMENTS ATTACHED OR NOT ATTACHED THERETO In view of all of the foregoing Defendants Todd Sankey and The Sankey Firm, Inc. respectfully request this Court to sustain the objections and strike the declarations of Lisa Liberi, Lisa Ostella and Philip Berg in their entirety.

Respectfully submitted on this 7th day of May 2012 by

Marc Steven Colen

_____________________________ Marc Steven Colen The Colen Law Firm Attorney for Defendants Todd Sankey and The Sankey Firm, Inc.