JOHN F. PRENTICE, ESQ. SBN 87606
LARRY R. SHOCKEY, ESQ. SBN 167783
PRENTICE & SCOTT
433 Turk Street
San Francisco, CA 94102
Telephone: (415) 292-1660
Facsimile: (415) 776-4237

DAVID J. DUCHROW, ESQ. SBN
2828 Donald Douglas Loop North, 2nd Fl.
Santa Monica, CA 90404-2959
Telephone: (310) 581-3506
Facsimile: (310) 581-3508

Attorneys for Plaintiff

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT

TERRI NICOLE HESS,

Plaintiff,

vs.

PENINSULA BEVERLY HILLS, INC., a Delaware Corporation, PENINSULA BEVERLY HILLS MANAGEMENT, INC. a Delaware Corporation, LUIS ALVERADO, individually and in his capacity as Director of Security, JOSEPH VELEZ, DON KIREMIT, DONALD TURK and DOES 1 - 50,

Defendants.
_________________________________

No. SC049485
DECLARATION OF ATTORNEY LARRY R. SHOCKEY IN SUPPORT OF MOTION FOR RECONSIDERATION

DATE: April 16, 1998
TIME: 1:30 P.M.
DEPT: B

I, LARRY R. SHOCKEY, hereby declare as follows:
1. I am an attorney at law, duly licensed to practice before all courts of the State of California, and am one of the attorneys representing plaintiff in the above encaptioned matter. All of the facts contained in this declaration are of my own personal knowledge, and I would competently be able to testify thereto under penalty of perjury in a court of law.

2. On March 24, 1998, I received a telephone call from Jennifer Richards, a Legislative Aid to State Assemblywoman Sheila Kuehl.

3. Ms. Richards informed me that she had found an opinion authored by the Legislative Counsel's office which determined that gender identity was covered by the Unruh Civil Rights Act.

4. At my request, Ms. Richards forwarded a copy of Legislative Counsel Opinion, Gender Identity - #3178, a true and correct copy of which is attached to plaintiff's request for judicial notice as Exhibit "A."

5. Despite plaintiff's diligent efforts to determine the full extent of all opinions concerning the applicability of the Unruh Act to the issue of gender identity, plaintiff was unable to find this opinion.

I declare under penalty of perjury under the laws of the State of California, that the above and foregoing is true and correct.

Executed this 24th day of March, 1998, in San Francisco, California.

______________________________________

LARRY R. SHOCKEY