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Scott A.

McMillmt, CBN 212506


Michelle D. Volk, CBN 217151
The McMillan I.;tw I. irm, APC
4670 Nebo Drive, Suite 200
La Mesa, CA 91941-5230
Tel (619) 464-1500 x 14 // Fax (206) 600-5095
ematl: scott(itlmcmillanlaw.us

Attorneys for Defendants


And Juhan McMillan

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11

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Sl JPERIOR COUR

McMillan Law Group, Inc.

f OF CALIFORNIA,

YELP, INC., a Delaware Corporation

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San Diego Superior Court Case No:

37-2014-00004953-CU-BT-CTL

Plaintiff,
V.

13

14

COUNTY OF SAN DIEGO

MCMILLAN LAW GROUP, INC., a


California Corporation, and JULIAN
MCMILLAN, an indivtdual

De fendants,

DECLARATION OF JULIAN
MCMILI.AN IN SUPPORT OF

DEFENDANTS'EPLY BRIEF IN
CONNEC'I ION WITH
DEFENDANTS'OTION

IJNDER C.C.P. (425.16


Hearing Date: November 21, 2014
Hearing Time: 8:30 a.m.
Courtroom: C-69
Honorable Joan M. Lewis, Judge.

20
Complaint Filed: August 20, 2013
Trial Date: None set

I, Julian McMillan, declare as follows:

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1. I am an attorney duly licensed to practice law before all courts of the


State of California. My law ftrm, The McMillan Law Group and I are the
Defendants in this action. Except as to those matters which I state on information

and belief, and as to those matters I believe them to be true, the lol lowing lacts

are within my personal knowledge and,


will competently

if called as a witness

herein, I can and

testify thereto.

2. I have personally reviewed the opposition to the anti-SLAPP Motion


currently at issue in this case. I have also reviewed the Declarations of Ian
Macbean and Vince Solitto and associated exhibits.
g

3. Prior to the filing of the

of Service". Similarly, I was not

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instant litigation, I never read the Yelp "Terms

aware that those "Terms and Conditions" ever

changed.

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4. Exhibit F to the Reply Brief fairly and accurately depicts


Yelp Profile as I viewed it on the internet at:
http: //www.velp.corn/user

my personal

details?userid=EFSctHg-Nj16qtds33fMXw

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2013. Having
already been in the smail claims court dispute with Yelp. This review was of
Solare Ristorante, which by this point in time had essentially become "My I.ocal"
here in Point Lorna. I have marked that as Review 1 of Exhibit F: I had been
5.

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Ig

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wrote what would be my final Yelp review on May 5,

working long days and eating very sporadically

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experience, most Italian restaurants

in this part

for the duration

of it.

In my

of the world seem to think, for

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whatever reason, that a steak needs to be covered in cooked tomatoes. I believe it

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is refened to as "Sinatra Style". I can't eat that as it gives me very severe

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heartburn.

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stars, and wrote the following review:

The waiter listened to me and the restaurant obliged. I gave them 5

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"So...Tonight I went

in with a colleague, declined the menu and just told

the server I wanted their best cut

of beef.

I-Ie left, but returned

to tell me

that they were updating the menu on Tuesday and there was a new

"Tomahawk Ribeye". I was born in Canada, have been to New Zealand,


Australia, Argentina,
i

2O/V-OOOOVP53

and dined in some

of the finest

restaurants

DECI.ARATION OF.IULIAN MCiviiLLAN

of London,

Paris and Tokyo. This was by a country mile the best steak this country: boy
made good has ever has. The 24oz bone in cut was only lacking in that it

was not a 48 oz cut. Glutton that I am, when I tmd a good thing, all I want
is more.
I am so happy that there is finally a non" steakhouse" where wy wife can eat

that I can find a fantastic steak. Salud to Solare, finally an Italian restaurant
truly in the Sicillian tradition."

91
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6. On October 30, 2012 I wrote my next Yelp review, of Solare Ristorante,


which I marked as Review 2 of Exhibit F. Solare Ristorante had just changed
ownership

and the new owner was very interested in what he could do to attract

more locals. At that point they had not developed much

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of a child's

menu. He

offered to make whatever I wanted for my then 18 month old. I asked for grilled
chicken, asparagus and butternut squash. They delivered. To this day, that dish
appears on the child's menu, simply labled "Sam's Choice." I gave them five
stars and wrote the following review:

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"Sunday night

took the neighbors and my 18 month old son to

Solare. The food and wine were both fantastic. The big sell for me
was that for my son, they prepared a child's meal composed

of grilled

chicken, asparagus and butternut squash. As a parent, I will always


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choose a restaurant where my child is not reduced to a grilled cheese

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sandwich, chicken fingers and fries over any other. Sam loved all

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it. Kudos to the chef and staff for their efforts."

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of

7. I wrote a Yelp review on April 9, 2012 of Solare Ristorante Review 3 of


Exhibit K:. As the review states, my wife and I had been there previously a
number of years before and never went back. I was sort of dragged back in
sometime in April of 2012, I gave it five stars and wrote the following review:
"My wife and I had been to this restaurant in 2008 and found it very
2074-00004953

DECLARATION OF JULIAN MCMILLAN

expensive and felt that the stafl'were overwhelmed


number

of customers. A colleague of mine

with a very small

though had insisted last

summer that it was fantastic. So, we tried it again and were very glad

we did. The pricing had been adjusted downward,


and presentation

the food quality

had been adjusted upward and it was a very positive

experience all round. I would highly recommend a visit for anyone


thinking

8. I wrote a Yelp Review on July 25, 2012 of Sachdev Law, Review

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of trying it."

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of

Exhibit P:. This was a child custody matter that I am happy to discuss in camera,
but otherwise will not go into too much detail. Suffice it to say that I was very
happy with the service my family received. I gave Sachdev Law five stars and

wrote the following review:

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"I went

to no less than 10 attorneys before visiting Sachdev Law. No

one would take my matter for less than $ 75,000.00. Sachdev I.aw

came in at a little less than half

of that, dealt

with the matter

efficaciously and I got a check for the remainder of the fees. I don'
know

if anyone else

on the planet has ever gotten change from and

attorney. This is certainly the first time I ever have. Where most
attorneys told me I had a very difficult case and chances

of her

were unlikely, Puja seemed to know off the top


handle the matter, and then handled it.

If I could

of success

head how to

give 7 stars I would.

Don't waste your time with other family law attorneys. Hire youth,
energy

was

vigor and knowledgef

I I

fhanks Pujai

I I

I"

9. I wrote a Yelp Review on April 19, 2012 Review 5 of Exhibit F. This


a review of the telecommunications company we used for the office phones

and internet. They were awful. The system was a very unreliable

VOIP, and the

download speeds were slower than the wi-fi at the local Starbucks. We had issues
with people emailing to say they had tried to call, but only ever got either a busy

signal or put through to a call center in India. Also, the system just randomly

2074-00004953

Dl:CLARATION OF JUI.IAN MCMlLLAN

shut

down for hours at a time. I gave them one star and wrote the following review:

"Very disappointed
iintermittentiy

with their service. The phones are in and out

and callers are told the numbers have been

disconnected. Running a small business is tough enough without


having to deal with these sort

of complications.

I would discourage

anyone from signing on with them. Customer service is through a

website. How ironic that your internet is down and you can't log in to

complain."

I wrote a Yelp review on April 9, 2012 of Gabardine Restaurant in


Point Lorna Review 6 of Exhibit K:. We actually went there by mistake as there
I O.

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used to be a bistro owned by a lovely couple from New Zealand and they had a

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great lamb burger. I gave them three stars and wrote the following review

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Gabardine Restaurant:

of

"My wife and I did not know what to expect in this new restaurant
in Point Lorna. We went their for dinner on a Sunday night. It was

lively and had an eclectic decor. We now see it more as a seafood

tapas bar than a dinner restaurant. It wasn't what we hoped for, but
anyone looking for this sort ofplace

11. On
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am sure will be pleased."

April 6, 2012 I wrote my first Yelp Review.

1VIy

wife and I are both

self employed and my wife travels a great deal for work. It was prudent to have an
estate plan. It is not an area

I had seen estate

planning

of law

that I have a great deal

of expertise

in. As well,

lawyers that charged some very high fees. Ashley was

great and very reasonable. Ashley deserved S stars in my mind. I wrote the

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following review

of Teague Law, which I have

marked as Review 7 of Exhibit K:

"My wife and I had our first child last year. T'his prompted us to
start thinking about Estate Planning. I asked some friends, and Ms.

Teague had received some


from some

2074-00004953

of the most glowing recommendations

of the most critical people I have ever known. We met


DECLARATION OF JIlLIAN MCMILLAN

with Ashley and she was very quickly able to provide a course

moving forward and steer us through it. It is not often you meet an

attorney who can so easily translate the legalese into comprehensible

English. Not only did we get what we need, but I understand

it as

well. Ms. Teague has also been fantastically responsive to our follow
up questions. I never wait more than a day for a return call or email.

To call this level of responsiveness

rare in attorneys in my

experience is selling it short. Most

of thein think that

important to talk to you or perpetually

they are too

on vacation. Ms. Teague is

first rate. My only criticism is that I wish she were versed in other

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areas

of law so

that we could get the same level

of service

in the

other areas we require advice. That said, she has always been able to

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provide quality referrals to us. Ms. Teague, carry on my lady, carry

on...
12. On February 1,2013 I wrote a review of Eddie V's Prime Seafood. My
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of
Review 8 of Exhibit E:

neighbors had taken me out for my birthday. I wrote the following review

Eddie V's Prime Seafood, which I have marked as

"Had a fantastic dinner experience there on Wednesday night this week.


Lobster tacos followed by the Rib Eye. All was way above par and the

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Jazz night was a lot of fun. Great views of La Jolla Shores from the patio. I
would recommend

13.

In December

this place to anyone."

of 2012, I had taken

my family to Maui. We found a fish

taco shop in Kihei for lunch one day. I ate at this restaurant. I met the owner. He
named the place after his cat "Coconut". I gave the restaurant 5 stars and wrote
the following review which is marked as Review 9 of Exhibit

F:

"Not only was this worth the drive from l<aanapali, it was worth the flight
from San Diego. Best fish and chicken tacos this guy has ever had. Rock on

Coconut! .'!"
2074-00004953

DECLARATION OF JULIAN MCMILLAN

14. On the same

triip

to Maui referenced above . We stayed in Kapalua.

One night we decided to have dinner at the hotel's poolside restaurant named the

Banyan Tree where we could watch the sunset. Curiously, there is no Banyan tree
anywhere

Exhibit

near the restaurant.


lY.

I have marked that review as Review IO of

The sunset was the only good part of the experience. I think my

review was pretty accurate. I gave them one star, and wrote the following review:

"Not impressed. The location of the restaurant is wonderful. However, the


service and food was really a mixed bag. We have a 19 month old and the
options on the children's menu were pretty depressing. The staff seemed

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annoyed at having to be there. When you stay at a remote resort such as the

Ritz Carlton in Kapalua, your choices for dining out are limited. The
service and the food at this restaurant reflect that they understand

they have

a captive audience."

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15. I wrote

my next Yelp review on August

15, 2012 Review I I of

Exhibit F. My wife was out of town and I was missing work to take our child to a
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Ig

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routine check-up. As the review indicates, he was about

time. We had a 9:30 AM appointment

15

months old at the

(first one of the day). We were left in the

exam room for over an hour. My child had been stripped down to his diaper for
the duration

of that

time and had grown more than a little impatient with the

whole experience. I gave them one star, never went back again, and wrote the

following review:

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"I took

our 15 month old in for a 9:45 Appointment.

checked in at

9:30.At 10:00 we

where we sat unattended

We arrived and

were escorted to an exam room

for just over an hour. Needless to say, a 15

month old gets pretty bored and frustrated in a 6 by 8 foot room.

When the Dr. Finally came in, she spent all of 3 minutes with us and
then said the nurse would be right in to give him his immunization

shots. That took another 30 minutes. I cannot think of any other


professional service where the client is expected to wait for an hour

2014-00004953

DECLARATION OF JULIAN MCMILLAN

beyond an appoinlment
I

time. My child was completely traumatixed.

le is not old enough to understand

what is going on, and to force

him to wait around like this and then be conlronted

with two total

strangers who are poking and prodding at him, and then the shots. It

was nothing short


threw

of a complete

traumatic experience for him. It

off his whole day, he wouldn't nap, would not eat.

When I confronted the Dr. about how late she was, she simply commented

that they were unexpectedly

busy. I told her it is always that way in their

office. 1 pointed out that everyone I saw in the waiting room had an
appointment.

Given that they are booked months in advance, there is no

way they did not know how many patients were booked. There were no

waiting children or parents in the "sick child" waiting room.


Why do Dr.'s get away with this? As well, this being a children's medical

office, surely they would understand

how difficult it is to keep a child calm

for that duration of time. For my son, it was just a very traumatic

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experience.

If at 9:45 you

are already running an hour late on your daily

calendar, you have serious time management

issues.

late, they would have canceled the appointment

If I had

been an hour

and billed me for it. What

is my recourse on them? I have only this and other forums in which I can

express my frustration and warn others. We are actively seeking a new Dr.
While I understand

that we will more than likely encounter something

similar, I cannot believe they will aII be this bad."

16. The above reviews are the only reviews I have authored on Yelp, or
otherwise caused to be authored.

The reviews are sincere statements based on my

own experience which I posted to provide others a report

of my personal

experience,

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17. I did not instruct any other person to give me or McMillan I.aw Group
reviews.
l

2O14-OOOO495S

DI:nARATIobl 01 IUI.IAN ivlCMILr AN

8. I note that reviews that were filed by Isabella I ung suggests that she
received legal services from me. By virtue ol'he California Rules of Professional

Conduct for Attorneys, and the California Business and Professions Code Section

6068(e)(1), I am not able to discuss any legal services that Isabella Lung,
received, if any.
19. However,

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in her capacity as a Firm employee,

advised or asked her to write a yelp review

I never instructed,

of the McMillan Law

Group or

mysel f, Julian McMil lan.

20. I note that the reviews that were posted to yelp.corn by Andrew Boylan

of the California

suggest that he received legal services from me. By virtue

Rules

12

of Professional

13

Professions Code Section 6068(e)(1), I am not able to discuss any legal services

14

that Andrew Boylan, received,

Conduct for Attorneys, and the California Business and

if any.

15

21. However,

in his capacity as a Firm employee,

advised or asked him to write a yelp review

17

I never instructed,

of the McMillan I.aw Group or

myself, Julian McMillan.

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22. He was similarly never authorized to "claim" the McMillan

iLaw Group

page on Yelp.corn.

23. I note that the reviews that were posted to yelp.corn by Marissa
Famalette suggest that she received legal services from me. By virtue of the
California Rules of Professional Conduct for Attorneys, and the California
Business and Professions Code Section 6068(e)(1), I am not able to discuss any
legal services that Marissa Famalette, received, if any.

24. I note that the reviews that were posted to Yelp.corn by Ann Klock
suggest that she received legal services from me. By virtue

of the

California

Rules of Professional Conduct for Attorneys, and the California Business and
I

2O74-OOOO4953

DBCI.ARATION OF JULIAN ivICMILLAN

Professions Code Section 6068(e)(1), I am not able to discuss any legal services
that Ann Klock, received,

if any.

2S. I note that the reviews that were posted to Yelp.corn by Eryn Sanders
suggest that she received legal services. By virtue

of the California

Rules

of

Professional Conduct for Attorneys, and the California Business and Professions

Code Section 6068(e)(1), I am not able to discuss any legal services that Eryn
Sanders, received,

9
10

26.

if any.

note that the reviews that were posted to Yelp.corn by Daryl P.

suggest that she received legal services from me. By virtue

of the Calilornia

11

Rules of Professional Conduct for Attorneys, and the California Business and

12

Professions Code Section 6068(e)(1), I am not able to discuss any legal services

13

that Daryl P., received,

if any.

I declare under the penalty

of perjury

that the foregoing is true and correct

and that this declaration was executed on November

13, 2014, at San Diego,

California.

BY
Iulian MRMillan

2014-00004P53

DECLARATION OF JUI.IAN MCMPLLAN

10

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So Tonight went in with a colleague, declined the menu andiust told


the server wanted their best cut of beef I-le left, but returned to tell me
that they were updatlflg the menu on Tuesday and there was 3 new
"Tomahawk Ribeye" I was born in Canada, have been to New Zealand,
Australia, Argentina, and dined in some of the finest restaurants of
London Paris and Tokyo This was by a country rmle the best steak this
countfy boy made gooi1 has ever has The 2/foz bone in cut was only
lacf<ing in that it was not a af8 oz cut Gfudon tfial I am, whet> ftnd a good
thing, all v/ant is more
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Julian hssn'tmsds

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am so happy that there is finally 3 noh" Steakhouse" where wy wife can


eat lhat.f can find 3 fantastfr. stealc Safud to Solare, finally an ftaban
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restaurant truly
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Fuofer 2

Son Dtsgo, CA

since
December 2810

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Son Diego, CA

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had our first child


lsciyssr. This prompisd U. to

My

wife Bnd

start thmking about Estate


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frfsnd, ond Ms Tssgus had
received soros ofihs most
glowing rscommondstions
from
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10/80,"012

prmaous review

Sunday night took the neighbors and my 18 month old son to Solare.
The fOOd and Wine Were bOth fantaetiC. The big Self fdr me sdfaa that fdr my
son, they prepared a child's meat composed or'nf led chicken, asparagus
ancf butternut squastl As a parent, wig always choose a restaurant
where my child is not reduced to a grilled cheese sandwich, chicken
Angers and fries over any other. Sam loved ait of it Kudos to the chef and
staff for lheir efforts.
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useful I

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d/3/2012

prmdous rm/iew

and I had been to thm restaurant in 2008 and found it very


expensive and feft that the staff were overwhelmed witt i a very small
number of c/Jstomers A colleague of mirie though had tnsisted last
summer that it vmde fantaetlc So, we bisd it again and vicere very glad we
did The pncing had been 3diusted doo/nward, the fr/od quality and
presentation had been adjusted upward and it was a vsf y positive
epetfence ail round would hlghiy i'sf OmfTIPnd 3 vmfl. foi'hydhs thirffgng
of trying lt
My vgife

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2651 Carnino Dsi Rm Boutli
Ssn Diego, CA 92106
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I went
lo no less than 10 attorneys before visiting Bachriev Law lifo one
would take my malter for less than 575,000 ofl, sachdev Lavr came ln at a
little less than half ol that, deatt with the matter efficaciously and I got 3
check for the reiralnder of the fees I don'I know If anyone else on the
planet has ever gotten change from and attorney Ttiis Is certainly the
first time I ever have Where most stirmay
told me I had a very off lcult
case encl chances ot sumeas Were unhlrely, Pufa seemed to know off the
top of her head how to handle the rnatter, and tlien handlecl it. If I could
give 7 stars I would Don'twasle youi time with otlierl'amdy law attmneys
Hire youth, energy, vigor snd knowledgeiii Thanks Pule IIII

...7

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6256 GreeiIwicli Drive


Ban Diego, CA 92122
WI 9?2012
Very doappointed wsh their service itis phones are in and out
intermittently and callers are told ttre numbers have been disconnected
Running a smail business Is tough errough without having to deal wrth
urrould discourage anyone from mgning on
these sari of compbcations
with them Customer service is through v website I-low ironic that your
internet is down and you can't log in to complain
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debar@no
5

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My wife and

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tnrBs tfila mwem

1005 Roseclmna St
Ban Diego, CA 92106

'-,...ald?2012
did not know what to evpecl in this new restaurant

in

Point

we went their for dinner on a sunday night lt was mmly and had
an eclectic decor We nouv see it more as a sealood tapes bar than a

Lorna

dinner restaurant. It wasn't wflat we hoped for, but anyone looking fdr this
sort of place am sure will be pleased
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2516 Camlno Def Rio 6


San Diego, CA 92106

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My Wife and I had Our firat Child laat year Tree prsrrrpted ua tq Stmt
ttinkirig acout Estate planning. I asked some frlerids, and Ms Teaque
had received some of ths most glowing recommendabons from soirie of
the most cnbcal people I have ever known We met witli Ashley and she
was veny quicNy able to provide a course movmg forward and ss er us
through it It U nr1 often you meet an attorney who can so easfly translate
the legalese into coniprehensible Englmh lvot only 3rd we get what us
need, but I understanrd s 38 w85 Ms Teague has Bl.o bean farsastlcsoy
lesponswe to our follow up qussuons I ne~er wait mme than a dav for 3
rebdm Call or email. To call thw level of re ponmVeness rare Iri attorneys
iri my ekcenence is Booing it short. Most of triem thlnlc that. they ere tcio
important to talk to you or peqleruaoy on vacabon tds Te ague is first
rate. Ivly rlnly r nbcism IS that f wish she were versed in other 3reaa Of Iaw
SO th31 We C sold get the Same leVel Of aerVicr= in tha Olher mesa We
requvn. advice That said, she ness always tieen stile to pmvide quaaty
f Cferr'als to US Ms TeagUB, C3fry Orl flilr lady calTll ol'I

Was airs mvraw

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addfs y'8 Fl'fms 9881'Oad


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Illu

1270 Pm pact St
La Jofia, CA 92037

GGGGG

2/I/23

dinner Bvpertenc there on Wedriesday night this week.,


Lobster tacos frxlowarf by the pll/ Eye /'ll wae way abave par and the
.Jazz nlghf was 8 1st af fun Great views of f a 2 olla Shores from the patio
woulcl recommend this place to anyone
Had 8 farltastm

...7

Wvw this rovtsw

*:08iiful

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oircorlllts
8
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12/9 3 Kihei Pd
Kalel, Hl 9"753

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Not only was this warbl the drive from Kaanapali, It was vrorth the fsgnl.
from san Diego gest fish and chicken facos this guy I as ever nad pack

on Coconutuf

...'.

wl'88 this r'Swsvu

tlsetul,",

Flisnv

',: ciml

The banyan Tree - CLOBSO

ISSS

vv IVI Fri

ton

I Raz-Ca/Iten Dr
Kapalua, Hl 99767

Q:,.:

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'/13/'2012

The Iocstton of the restaurars. o wonderful However, the


seivlce and Iaod was reaav a mixed tlag, we nave a 19 month old and
the options an the children's menu war* pretfy depressing The staff
seemed annoyed at having to be there When you stay at a lemote resort
such as the pltz carlton in Kapalua, your choices for dining out are
Itmsed The sefvfce and the food at thts restau/ant reftect that they
understand they have a cupnve audience
Not Impressed

.. 7

Was this rsvtsw

'

L. Furlio

Os8lta

.',: Cola

Cflddi'wi"8 Hsafthcare
A

Madtc81

Socrates

Ilc'turs

550 Wasmngton St

',

San Diego, CA 92103

Q,

',

3/15/2012

took our 15 month old in for a 9 vl5 Appaintment We arrived and


checked in at 9 310 At Ill 00 we were escorted to an exam roam where we
sat unattended ter lust wer an hoof Needless to say, a 15 month old
gets predy bored and rnustrated tn a 5 b/9 root room When me Or
Finaliy rame In, Ie sp nt al'f 3 minutes ivith us and titan said the nurse
wauld be right in to give film his immuni Stion shots ThBt took anothel 30
minute;
cannot think of aiw ether professional semice where the cllenl
8 mflected to wait for an haur bevond ar. appaintrrient time. Iay child was
comtlleteiy traumabzed He is not ofd enough to understand what is going
an, and to force him to wait around ffke tho and trien be confronted with
two total strangers who we poksio and prodding at htm, and then the
scots f1 was ncrtriing short or a camplete traumabc e/penance far him ft
tfi/r w off hts wlmle day, he wauidn't nap, would not sat.
I

"I

when I conf/anted the Dr about hmv late she was, she simpty
cammented dlw they were uf expectedly busy. tolil her it is always that
way m then cffm8. I pamted out that eveiyone I saw in tne waiting room
had an BPPOmranent GIVen mat they are bdbked manS", In BCVVOCe,
there o no way they did not lmow how irony patienb were bool ed There
Ivsrs fio waleng ctsfdl'en OI'al enf Iii tb8 'sick ctvm" viBltslg roofs
I

why da Dr 8 get away 18th mos/ As well, this being 8 chsdrems medical
ofoce. Surely aley would understand hoiv dlmo/ft It w to keep 8 rhiid catm
far thai dutatiOrr Of tace FOr ru/ Sbn, It Waa JuSt 8 Vety CraumaBC
expenenre y at 9 85 you are aiready running an haur late cn your dairy
calendar, you nave serious time managemenf issues if I had been an
hour late, they wauld have canceled tris appointment and bided me fw it
what B my mcourse on Ihem v I have only dtw and otr sr farum- In which
can Eipres my fruslratsln and warn ot'hers We are actlvply seeking 8
new Dr whse I i>nderstand that we will more than llwly encounter
something simiiai, cannct believe they i.if as be Ibis bad
I

wlauftsS

VSVISw

L useful I

....
'.

Hlrlrw

I,te Cool