From: "Samuel H. Sloan (my real name)" AOL COM> Date: 8 feb 1996 Subject: Reply to Professor Elwyn Berlekamp Richard Bozulich Kagawa 792-13 Chigasaki Kanagawa 253 Japan Tel: 011-81-467-573069 FAX: 011-81-467-573066 SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA ---------------------------------------------------------------------- Richard Bozulich, Plaintiff, No. 758102-9 -against- Dept. 81 Summit Bank, Denise Dodini, Gregory Grossi, James W. Connelley, Elwyn Berlekamp, Nathaniel Berkowitz, Date: February 9, 1996 Hartland Snyder, Martin Lowenstein, Anton Dovydaitis, Janis K. Miller and Ishi Press International, Time: 10:00 AM Defendants. ------------------------------------------------------------------------------ ----- DECLARATION OF RICHARD BOZULICH IN REPLY TO DECLARATION OF ELWYN BERLEKAMP _______________________________________________ Richard Bozulich, the plaintiff in this action, declares: 1. I am in receipt of papers filed by counsel for defendants which state "Defendant Berlekamp's interests are identical to the interests of those who successfully demurred to Plaintiff's complaint." This is not true. The defendant that successfully demurred to the other complaint is Bank of the West. It is obvious that Bank of the West stands in a very different position from Elwyn Berlekamp. On January 26, 1996, I was at a meeting with Steven Miyake, counsel for Elwyn Berlekamp, and Bruce Robertson, counsel for Bank of the West. Mr. Miyake sidled up to Mr. Robertson and tried to imply that they should be friends because his client's interests are identical to the interests of Mr. Robertson's client. To this, Mr. Robertson acidly replied, "Just because he does not have a good suit against us, does not mean that he does not have a good suit against you." 2. Defendant Berlekamp is in an entirely different situation from Bank of the West or from Defendant Summit Bank. Defendant Berlekamp went to England and "sold" to Edward Hordern, a wealthy British investor, the exclusive rights to use the Ishi Press name and to distribute Ishi Press products throughout Europe. However, in so doing, Elwyn Berlekamp sold a right which he did not have, because the Ishi Press name belongs to me personally. I established Ishi Press in 1969 and have been using that name continuously ever since. In 1986, I founded, along with James W. Connelley, Ishi Press International, a California Corporation, and I granted to Ishi Press International the exclusive rights to distribute my products in North America, subject to the condition that Ishi Press International purchase a minimum of $70,000 of my products per year. Because Ishi Press International has not recently purchased $70,000 of my products per year, I have revoked that right. Nevertheless, Ishi Press International still claims the exclusive right to distribute my products in North America. It even, without basis, claims the rights to the products of my sister company Kiseido. More than that, I have never granted to anybody the exclusive rights to distribute my products in Europe. Nevertheless, Elwyn Berlekamp has claimed or implied that I did grant him that right and accordingly has "sold" that right to Edward Hordern. Because of this, my distributor in Holland has received a threatening letter from Ishi International (UK) Ltd., a corporation in which Edward Hordern and Elwyn Berlekamp are substantial stockholders, threatening legal action if my distributor continues to distribute my products in Europe. 3. This is only one of the acts of Elwyn Berlekamp which place him in different stead from any other defendant in these suits. Elwyn Berlekamp is an extremely wealthy individual with a net worth in the mid-eight figures. He is able to use this wealth to control and manipulate events from a distance, while plausibly appearing not to be involved. To cite a few examples of this, Howard Neal is not actually the attorney for Ishi Press International. Rather, Neal is the personal attorney for Elwyn Berlekamp. Similarly, Hartland Sweet Snyder is not actually an employee of Ishi Press International. He is a long time personal employee and friend of Elwyn Berlekamp. Nathaniel Berkowitz became involved in this situation as a friend of Elwyn Berlekamp. Summit Bank is the personal bank of Elwyn Berlekamp. 4. I have heard from two separate and independent sources, both of whom have been employees of Ishi Press International and have had direct dealings with Elwyn Berlekamp, that "Berlekamp is determined to destroy Richard Bozulich." I do not know why Elwyn Berlekamp is determined to destroy me and the company which I have labored these past 27 years to build up and establish. 5. When Professor Berlekamp first contacted my company, he was already a famous mathematician in America, but he was virtually unknown in Japan. Professor Berlekamp had the desire to make his name known in Japan and his mathematical theories famous in Japan. This is the reason that he became involved in my company in the first place. Professor Berlekamp came to Japan and asked me to help make him famous in Japan. Being a well established publisher in Japan for these past 27 years, I was in a position to help and in fact did help Professor Berlekamp in ways in which perhaps no other person could have done. I got one of Professor Berlekamp's books published. I got some of his writings translated into the Japanese language. Because of my fluency in the Japanese language and my contacts throughout the Japanese publishing industry, which I have been able to build up by being a publisher of books and periodicals in Japan for these past 27 years, I was able to get Professor Berlekamp's name mentioned in various Japanese language publications, publications which Professor Berlekamp would have never even heard of had it not been for me. I did what Professor Berlekamp asked me to do. Entirely because of my efforts, Professor Berlekamp's name is now much more widely known in Japan than it was before. Now, like the proverbial camel that was allowed to stick his nose in the Arab's tent, Professor Berlekamp wants to push me out of my own company and to have my company as a "trophy" for himself. 6. Professor Berlekamp has "resigned" as a director of Ishi Press International. This happened on July 7, 1995. Simultaneously, his friend, Nathaniel Berkowitz, also resigned. Since there is no dispute that I am and have always been a director of Ishi Press International (all parties agree on that), this has left me, by their reckoning, as the sole remaining director of Ishi Press International. Accordingly, I and such persons designated by me have or ought to have the legal right to operate the bank accounts maintained by Ishi Press International at Summit Bank. It is my understanding that Summit Bank has loaned more than $100,000 to Ishi Press International, possibly in part because of Elwyn Berlekamp's relationship with Ishi Press International and with Summit Bank. I have never been able to get any details about this loan, because Summit Bank has refused to reveal this information to me. Summit Bank and other defendants dance to Professor Berlekamp's tune, even though Professor Berlekamp ostensibly maintains that he is neither a director, nor an officer, nor a stockholder of Ishi Press International. 7. According to Howard Neal, Elwyn Berlekamp sold all his shares in Ishi Press International to Hartland Snyder. If true, the sale price must have been a nominal amount, perhaps with a repurchase agreement, because Hartland Snyder is known to be insolvent and virtually indigent. 8. Regarding the demur filed by Summit Bank, the written minute order filed by Judge Agretelis on December 26, 1995 states "defendant to prepare order." As far as I am aware, the defendants have never prepared an order, or, if one was prepared, it was never served on me. I am still waiting. I also must mention that the demur was granted on default. I made a reasonable request for an extension of time, to which the defendants refused to agree. At the same time, I have agreed to Mr. Miyake's request for an extension of time on my motion to disqualify his firm as counsel in the Santa Clara County case. 9. I wish to note that since this court granted motions by defendants Ishi Press International and Nathaniel Berkowitz to quash service of process, these two defendants have been re-served. Nathaniel Berkowitz was served personally on January 2, 1996. Ishi Press International has been served four different times. More than 30 days have passed and neither of these defendants has appeared and answered. Apparently, Mr. Miyake and Mr. Neal feel that this court's decision quashing service of process immunized these defendants from any future service of process. I plan to test this presumption by requesting a default judgment against these defendants imminently. 10. Defendant Elwyn Berlekamp here claims that all matters raised in the motions to this court have already been decided in a matter adversely to me in cases filed in San Jose. This is not true. In one of the San Jose cases, their motions which are substantially identical to the motions presented here are due to be heard on March 14. In another case, their motions are due to be heard on March 29. In a third case, a default has been entered against them for failure to appear and answer on time. In the federal case, their motions to quash service of process (identical to their motions filed here) have been denied. 11. All of these suits are based upon different causes of action. Contrary to the assertions made by these defendants, these suits are not duplicative or "substantially identical". Those other suits are for breach of contract, for failure to pay a promissory note, and for other unrelated or distantly related causes of action. Summit Bank, the principal defendant here, is not a defendant in any suit there. Thus, a decision of another court is not controlling on this court, nor is a decision of this court controlling on any other court. 12. There is no basis for Mr. Berlekamp's motion that I be required to post a $50,000 bond. The motion is frivolous, as are so many of the other motions filed by the law firm of Howard Neal. VERIFICATION I, Richard Bozulich, am a plaintiff in the above entitled action. I have read the foregoing declaration and know the contents thereof. The same is true of my own knowledge, except as to those matters which are stated upon information and belief, and, as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of California that the foregoing is true and correct. February 7, 1996 ------------------------------ Richard Bozulich CERTIFICATE OF SERVICE Samuel H. Sloan declares under penalty of perjury under the laws of California that he is not a party to this action and that on February 7, 1996 he served the within declaration by mailing a true copy of the same to: Howard D. Neal 6200 Antioch Street, Suite 202 Oakland, California 94611 and to Steven B. Piser Attorneys for Summit Bank 1000 Broadway, Suite 600 Oakland, CA 94607 510 8355-5582 ________________________ Samuel H. Sloan DATED: February 7, 1996