DECLARATION OF KAY L. KAY RE TRANSFER OF BOXES TO ALEXANDER BAKER I, Kay L. Kay declare as follows:
1. I am the secretary to Steven c. Glickman at Glickman & Glickman. If called upon to testify I could and would competently testify to the following facts as they are wi thin my personal knowledge.
2. On December 13, 2007, Alexander Baker called for Mr. Glickman.
Mr. Glickman was in a binding five day arbitration on a case called Siddiqui v. Kaiser. I advised Mr. Baker of Mr. Glickman not being in the office. Mr. Baker was insistent that he wanted to pick up his file right away. I told him I would try and locate the file and stated I knew it had been here for his pick-up for some time but did not know if it was still he~e.
3. At that time, I was unaware of the exact amount of boxes Mr.
Baker's file was contained in, nor did Mr. Baker advise me of the voluminousness of his file when I told him I found three boxes.
4. I e-mailedMr.Glickman that Mr. Baker wanted to pick up his file as soon as possible and that I located the boxes in our office. I prepared a memo to document the release of the file to Mr. Baker should at a later time this knowledge be needed, as I normally do in the course of my employ with Glickman & Glickman. I had made no copies.
5. At the time I was dealing with Mr. Baker, I did not know that the boxes in the office were copies of portions of the file that had been made back in 2006 by our then receptionist and that Mr. Glickman had transferred the actual original file to storage.
6. I also knew nothing of the hostility Mr. Baker had toward Mr.
Glickman until Mr. Baker came to pick up the boxes. Also, I had not been actively involved in working on the case and I thus did not know the size of the file.
7. When I gave Mr. Baker the memo to sign on December 14, 2007,
the memo I wrote stated, "I have picked up my entire original file (3
boxes). No copies were made" (copy attached),
Mr. Baker wrote his
thoughts on the memo, demonstrating his hostility toward our office.
He did not mention that any materials were missing nor ln any way
indicate to me that he was not being given all his file.
8. Again, at the time I did not realize that in fact I was giving
Mr. Baker copies of a portion of his file and not the original file.
9. I put the original memo which Mr. Baker signed with his hand
written message to Mr. Glickman in Mr. Glickman's in-basket for him to
see when he returned to the office.
10. On December 27, 2007, I returned from Christmas holiday and
learned about my error in having prepared the memo for Mr. Baker to
sign for "all his file". I also learned that Mr. Baker was threatening
to sue Mr. Glickman "for fraud".
11. I can only say, that none of my actions were deliberate and
nothing I did was meant to defraud Mr. Baker in any way.
I was only
trying to satisfy Mr. Baker's urgent request to pick up his file while
Mr. Glickman was out of the office engaged in the binding arbitration.
I acknowledge that I made a mistake in preparing the memo for Mr. Baker
to sign in the format it was in.
I declare under penalty of perjury that the foregoing is true and
correct. Executed this 27th day of December 2007 at Beverly Hills,
California.
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DECLARATION OF KAY L. KAY RE TRANSFER OF BOXES TO ALEXANDER BAKER
