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***DECLARATION OF MR AKASH LAL***
I, AKASH LAL, hereby declare:
1.I am over the age of 18.
2.The testimony provided in this Declaration is from my own personal knowledge, observation,
or reasonable belief.
3.I make this Declaration in lieu of personal testimony pursuant to Code of Civil Procedure
§2009 and 2015.5, California Rules of Court, Rules 5.111 and the cases of Reifler v. Superior
Court (1974) 39 Cal.App.3d 479, 114 Cal.Rptr.356, and Re Marriage of Stevenot (1984) 154
Cal.App.3d 1051, 1058, 202 Cal.Rptr.116.
INTRODUCTION
4.I am the owner of TeeTime Properties in Sacramento, California. By vocation I am a
professional property developer, property manager, and real estate investor. My property
management experience includes tenant acquisition and property care for properties owned by
me and by clients retaining my services.
5.My property management business is primarily set in the greater Sacramento area.
6.I am personal friends and neighbors with Kenneth Rosenfeld and Kimberly Keys.
7.Ken told me he and his wife were considering purchasing a property in Palm Springs, I did
some basic due diligence for Ken and Kim, before the purchased the property.
AFTER THE PURCHASE
8.Once he bought the property at: 2965 Avery Drive, he asked me what kind of opportunity
there was to derive some rental income, for time when the property would not be used for
extended periods of time. Ken told me he and Kimberly were only interested in rentals of 30-
days or more. They did not wish to deal with the complications associated with short-term
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rentals. Complications he cited included problems related to maintenance and operations of
short-term renting, scheduling complications in regard to their personal use, and the
regulatory complications, both with the city and the HOA.
9.I agreed to market the property with adherence to the owners’ explicit instructions NOT to
market to or accept short-term renters. I assigned the property to an employee with those same
explicit instructions. The employee failed to follow those instructions and the property went
up on the AIRBNB short-term page, rather than the long-term (30-day or longer) site, as
instructed.
10.The time this property spent on Airbnb was minimal and it has been corrected.
11.I cannot stress enough that Ken and Kim had no knowledge of the mistake until the received
the citation. Their instructions were clear, no short-term vacation renters.
CONCLUSION
12.It would not be just for this Board to punish these property owners further, for the inadvertent
mistake of a vendor. They gave explicit instructions not to provide for any short-term vacation
bookings, then took immediate corrective action when the mistake was discovered. They have
had to fund outside legal counsel to address the issue with the city, and they simply wanted a
second home for themselves, family, and friends to enjoy.
13.I urge this Board to find that this was an unintentional, one-off mistake, caused by the
negligence of my employee, which was not reasonably foreseeable to the property owners.
Neither Kenneth L. Rosenfeld, nor Kimberly Keys violated the Vacation Rental Ordinance.
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28 I swear under the pains and punishments of perjury of the State of California the foregoing facts and statements are true and correct to the best of my knowledge and belief. Date: 5 --_/ f,,, J:l_ Tee-Time Properties -3 -
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