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`Zachary Howitt
`201 Allen St #10037
`New York, NY 10002
`567-246-9488
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`GAETANI REAL ESTATE,
`Plaintiff,
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`vs.
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`ZACHARY HOWITT, DOES 1 TO 10,
`inclusive
`Defendant(s)
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`
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`I, Zachary Howitt, declare:
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`SUPERIOR COURT OF CALIFORNIA
`CITY AND COUNTY OF SAN FRANCISCO
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`ELECTRONICALLY
`F I L E D
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`Superior Court of California,
`County of San Francisco
`04/29/2024
`Clerk of the Court
`BY: EDWARD SANTOS
`Deputy Clerk
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`Case No. CUD-24-673920
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`DECLARATION OF ZACHARY HOWITT
`(BY SPECIAL APPEARANCE) IN
`SUPPORT OF MOTION TO DISMISS ON
`THE GROUNDS OF AN INCONVENIENT
`FORUM OR IN THE ALTERNATIVE
`FOR A STAY OF THE ENTIRE ACTION
`
`Date: May 29, 2024
`Time: 9:30AM
`Dept: 501
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`1. I am the defendant in the above-captioned unlawful detainer action for the address 617 Oak
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`Street, San Francisco, CA 94117.
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`2. The facts stated below are personally known to me. If called as a witness, I could and would
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`competently testify as follows.
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`3. I was a friend and business partner of the former owner of the property, Thomas Iveli, who
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`passed away at the end of 2019. I rented the units from him and then subrented the units/rooms as
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`part of a business deal with him. After Iveli passed away, the property went into an Estate. The
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`Executor of the Estate and President of several New York-corporations which I believe own the
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`premises, Michael Rooney, lived in Jersey City, NJ and maintained an office in New York, NY. It
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`was at this time Rooney negotiated a deal for me to help support the estate with funds, which affected
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`this unit. After Rooney passed away, Jon Vigna, who also lives and maintains his place of business in
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`New York, NY took over the estate and trust and refused all claims from me and others, which is
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`what this dispute arises from.
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`- 1 -
`Declaration of Zachary Howitt in Support of Motion to Dismiss on the Grounds of Inconvenient Forum
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`6. I currently live in New York, New York. California is an inconvenient forum for me, especially
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`for travel. It is also an inconvenient forum for other witnesses, for example, Jon Vigna, who also lives
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`in New York and has refused to travel to California in the last several years. To my knowledge, this
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`case would not be barred under the statute of limitations in the State of New York. However, I hereby
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`agree to submit to a stipulation to waive any issue concerning statute of limitations.
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`I declare under penalty of perjury under the laws of the State of California that the foregoing is true
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`and correct.
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`Dated: April 29, 2024
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`__________________
`Declarant
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`- 2 -
`Declaration of Zachary Howitt in Support of Motion to Dismiss on the Grounds of Inconvenient Forum
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