1 2 3 4 5 6 7 8 9 10 11 12

KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 AVENUE OF THE STARS, 39TH FLOOR LOS ANGELES, CALIFORNIA 90067-6049 TELEPHONE: (310) 407-4000

LEE R. BOGDANOFF (State Bar No. 119542) JONATHAN S. SHENSON (State Bar No. 184250) DAVID M. GUESS (State Bar No. 238241) KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 Avenue of the Stars, 39th Floor Los Angeles, CA 90067 Telephone: (310) 407-4000 Facsimile: (310) 407-9090 Bankruptcy Counsel for Debtors and Debtors In Possession Debtors' Mailing Address 3411 N. Perris Blvd. Perris, CA 92571 National R.V. Holdings, Inc.'s Tax I.D. #XX-XXX-1079 National R.V., Inc.'s Tax I.D. #XX-XXX-5022

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION In re NATIONAL R.V. HOLDINGS, INC., a Delaware corporation; NATIONAL R.V., INC., a California corporation, Debtors. Case No.: 6:07-17941-PC Chapter 11 JOINTLY ADMINISTERED WITH CASE NO.: 6:07-17937-PC DECLARATION OF DAVID M. GUESS RE: NON-OPPOSITION TO MOTION OF DEBTORS FOR ORDER APPROVING AND AUTHORIZING (1) EMPLOYMENT OF HARPER REALTY & DEVELOPMENT CO., INC., AS BROKER PURSUANT TO BANKRUPTCY CODE SECTIONS 327, 328 AND 330 FOR THE PURPOSE OF SELLING CERTAIN REAL PROPERTY OF THE DEBTORS, AND (2) THE SALE OF REAL PROPERTY FREE AND CLEAR OF ALL LIENS, CLAIMS AND OTHER INTERESTS No Hearing Required

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
103359_3.DOC

1 2 3 4 5 6 7 8 9 10 11 12
KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 AVENUE OF THE STARS, 39TH FLOOR LOS ANGELES, CALIFORNIA 90067-6049 TELEPHONE: (310) 407-4000

I, David M. Guess, declare as follows: 1. I am an attorney who is admitted to practice law in the State of California and who

is admitted to practice before this Court. 2. I am an attorney with Klee, Tuchin, Bogdanoff & Stern LLP ("KTB&S"),

bankruptcy counsel to National R.V. Holdings, Inc. and National R.V., Inc., the debtors and debtors in possession in the above-captioned chapter 11 cases (the "Debtors"). 3. On February 15, 2008, the Debtors filed with the Court their Notice of Motion and

Motion Of Debtors For Order Approving And Authorizing (1) Employment Of Harper Realty & Development Co., Inc., As Broker Pursuant To Bankruptcy Code Sections 327, 328 And 330 For The Purpose Of Selling Certain Lakeland Property Of The Debtors, And (2) The Sale Of Lakeland Property Free And Clear Of All Liens, Claims And Other Interests (the "Motion"); Memorandum of Points and Authorities in Support Thereof and Declarations of Jonathan Corn and Drew Rose In Support Thereof [Docket No. # 237] (collectively, the "Moving Papers"). A true and correct copy of the Moving Papers is attached hereto as Exhibit "A". 4. The Moving Papers were served on all parties entitled to notice on February 15,

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2008. The Proof of Service evidencing such service was attached to the Moving Papers. 5. Local Bankruptcy Rule 9013-1(g) provides that the Motion may be granted

without a hearing unless a hearing is specifically requested by filing and serving a written response that complies with Local Bankruptcy Rule 9013-1(a)(7) within 15 days of the date of service of the Notice (i.e., March 1, 2008). Because the 15th day was a Saturday, the last day for parties to object or request a hearing was Monday, March 3, 2008. 6. I am familiar with KTB&S's business practices regarding the receipt and In accordance with those practices, any

distribution of correspondence and documents.

opposition to the Motion or request for a hearing on the Motion, if received by KTB&S, would be distributed to me and to the other members of KTB&S who are representing the Debtors. The deadline to object to the Motion and request a hearing passed on March 3, 2008. As of March 11, 2008, I had not received any opposition to, or request for a hearing on, the Motion. On March 11, 2008, I verified that no other members of KTB&S who are participating in these cases

1 2 3 4 5 6 7 8 9 10 11 12
KLEE, TUCHIN, BOGDANOFF & STERN LLP 1999 AVENUE OF THE STARS, 39TH FLOOR LOS ANGELES, CALIFORNIA 90067-6049 TELEPHONE: (310) 407-4000

have received such an opposition or request. 7. On March 11, 2008, I reviewed the docket for the Debtors' bankruptcy case by

using the Court's PACER service, and I ascertained that no party had filed an opposition or hearing request regarding the Motion. A true and correct copy of the docket for the period from February 15, 2008 through March 11, 2008 is attached hereto as Exhibit "B". I declare under penalty of perjury and the laws of the United States that the foregoing is true and correct. Executed this 13th day of March, 2008, at Los Angeles, California.

/s/ David M. Guess David M. Guess

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
103359.3

Opposition to Motion for Relief from Stay