Preview
1 Kimberly Pallen (SBN 288605)
kimberly.pallen@withersworldwide.com
2 Christopher N. LaVigne (NYBN 4811121) ELECTRONICALLY
(admitted Pro Hac Vice)
3 christopher.lavigne@withersworldwide.com FILED
Superior Court of California,
Withers Bergman LLP County of San Francisco
4 505 Sansome Street, 2nd Floor
San Francisco, California 94111 03/12/2021
Clerk of the Court
5 Telephone: 415.872.3200 BY: EDNALEEN ALEGRE
Facsimile: 415.549 2480 Deputy Clerk
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Attorneys for Defendants Payward, Inc., a
7 California Corporation d/b/a Kraken; and Kaiser
NG, an individual
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
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12 NATHAN PETER RUNYON, an individual, Case No. CGC-19-581099
13 Plaintiff, AMENDED DECLARATION OF
KIMBERLY A. PALLEN IN SUPPORT
14 v. OF OPPOSITION TO EX PARTE
APPLICATION FOR ORDER
15 PAYWARD, INC., a California Corporation SHORTENING TIME FOR MOTION TO
d/b/a KRAKEN; and Kaiser NG, an CONTINUE TRIAL
16 individual; and DOES 1 through 10, inclusive,
Filed Concurrently with Opposition to Ex
17 Defendants. Parte Application
18 Date: March 12, 2021
Time: 11:00 a.m.
19 Dept.: 206
20 The Hon. Samuel K. Feng, Dept. 206
21 Action Filed: November 26, 2019
Trial Date: July 12, 2021
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I, KIMBERLY A. PALLEN, declare as follows:
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1. The facts stated in this declaration are based on my personal knowledge, and, if called
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to testify, I could and would competently testify to them. I submit this declaration pursuant to
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California Code of Civil Procedure § 2016.040.
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2. I am an attorney duly licensed to practice law in the State of California. I am an
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W ITHERS
NY28571/0001-US-9156500/2
B ERGMAN LLP
AMENDED DECLARATION OF KIMBERLY A. PALLEN IN SUPPORT OF OPPOSITION
1 attorney at the law firm of Withers Bergman LLP, counsel for Defendants Payward, Inc., d/b/a
2 Kraken (“Payward”) and Kaiser Ng (together with Payward, “Defendants”) in the above-entitled
3 matter.
4 3. On March 10, 2021, Defendants received word from Plaintiff that he would be
5 appearing ex parte for an order shortening time for his motion to appoint a special master (the
6 “Special Master Application”). Defendants submitted an opposition to that ex parte application on
7 March 11, 2021. Plaintiff failed to provide courtesy copies to the Court with the Special Master
8 Application and consequently, the Court refused to hear it.
9 4. Plaintiff notified Defendants that he intended to refile the Special Master Application
10 to be heard on an ex parte basis on Monday, March 15, 2021.
11 5. Also on March 11, 2021, Plaintiff notified Defendant that he would be filling an ex
12 parte application to continue the trial date in this matter. Attached hereto as Exhibit 1 is a true and
13 correct copy of the email notifying Defendants of the ex parte application, dated March 11, 2021.
14 6. Defendants responded via email indicating that, while they believed Plaintiff did not
15 have good cause to continue the trial date, Defendants did have good cause to continue the trial date
16 because Defendants have been unable to obtain essential documents (i.e., two flash drives that
17 Plaintiff has withheld from Defendants) despite diligent efforts. On that basis, Defendants agreed
18 to continue the trial date. Attached hereto as Exhibit 2 is a true and correct copy of the email from
19 Defendants agreeing to continue the trial date, dated March 11, 2021.
20 7. Later that day, Defendants provided Plaintiff with a stipulation and proposed order
21 to continue the trial date. Attached hereto as Exhibit 2 is a true and correct copy of the email from
22 Defendants agreeing to continue the trial date, dated March 11, 2021.
23 8. Plaintiff completely ignored this email and offer to stipulate to continue the trial date.
24 9. On March 12, 2021, Defendants received an email from Plaintiff indicating that he
25 intended still to file an ex parte application to continue the trial date in this matter. Attached hereto
26 as Exhibit 3 is a true and correct copy of the email from Plaintiff to Defendants, dated March 11,
27 2021.
28 10. Defendants responded right away, at 9:07 a.m. this morning, with an email saying,
W ITHERS
NY28571/0001-US-9156500/2 2
B ERGMAN LLP
DECLARATION OF KIMBERLY A. PALLEN IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
1 “What is your position on the stipulation we sent over last night? We are unclear as to why you
2 have ignored our email.” Attached hereto as Exhibit 3 is a true and correct copy of the email from
3 Plaintiff to Defendants, dated March 11, 2021.
4 11. Given the uncertainty surrounding whether the parties have a stipulation to continue
5 the trial date, Defendants need more time to determine whether another trial continuance is
6 warranted.
7 Executed this 12th day of March, 2021 at San Francisco, California.
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Kimberly Pallen
10 Attorneys for Plaintiff Payward, Inc. and Kaiser
Ng
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W ITHERS
NY28571/0001-US-9156500/2 3
B ERGMAN LLP
DECLARATION OF KIMBERLY A. PALLEN IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
Preview
1 Kimberly Pallen (SBN 288605) kimberly.pallen@withersworldwide.com 2 Christopher N. LaVigne (NYBN 4811121) ELECTRONICALLY (admitted Pro Hac Vice) 3 christopher.lavigne@withersworldwide.com FILED Superior Court of California, Withers Bergman LLP County of San Francisco 4 505 Sansome Street, 2nd Floor San Francisco, California 94111 03/12/2021 Clerk of the Court 5 Telephone: 415.872.3200 BY: EDNALEEN ALEGRE Facsimile: 415.549 2480 Deputy Clerk 6 Attorneys for Defendants Payward, Inc., a 7 California Corporation d/b/a Kraken; and Kaiser NG, an individual 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 12 NATHAN PETER RUNYON, an individual, Case No. CGC-19-581099 13 Plaintiff, AMENDED DECLARATION OF KIMBERLY A. PALLEN IN SUPPORT 14 v. OF OPPOSITION TO EX PARTE APPLICATION FOR ORDER 15 PAYWARD, INC., a California Corporation SHORTENING TIME FOR MOTION TO d/b/a KRAKEN; and Kaiser NG, an CONTINUE TRIAL 16 individual; and DOES 1 through 10, inclusive, Filed Concurrently with Opposition to Ex 17 Defendants. Parte Application 18 Date: March 12, 2021 Time: 11:00 a.m. 19 Dept.: 206 20 The Hon. Samuel K. Feng, Dept. 206 21 Action Filed: November 26, 2019 Trial Date: July 12, 2021 22 23 I, KIMBERLY A. PALLEN, declare as follows: 24 1. The facts stated in this declaration are based on my personal knowledge, and, if called 25 to testify, I could and would competently testify to them. I submit this declaration pursuant to 26 California Code of Civil Procedure § 2016.040. 27 2. I am an attorney duly licensed to practice law in the State of California. I am an 28 W ITHERS NY28571/0001-US-9156500/2 B ERGMAN LLP AMENDED DECLARATION OF KIMBERLY A. PALLEN IN SUPPORT OF OPPOSITION 1 attorney at the law firm of Withers Bergman LLP, counsel for Defendants Payward, Inc., d/b/a 2 Kraken (“Payward”) and Kaiser Ng (together with Payward, “Defendants”) in the above-entitled 3 matter. 4 3. On March 10, 2021, Defendants received word from Plaintiff that he would be 5 appearing ex parte for an order shortening time for his motion to appoint a special master (the 6 “Special Master Application”). Defendants submitted an opposition to that ex parte application on 7 March 11, 2021. Plaintiff failed to provide courtesy copies to the Court with the Special Master 8 Application and consequently, the Court refused to hear it. 9 4. Plaintiff notified Defendants that he intended to refile the Special Master Application 10 to be heard on an ex parte basis on Monday, March 15, 2021. 11 5. Also on March 11, 2021, Plaintiff notified Defendant that he would be filling an ex 12 parte application to continue the trial date in this matter. Attached hereto as Exhibit 1 is a true and 13 correct copy of the email notifying Defendants of the ex parte application, dated March 11, 2021. 14 6. Defendants responded via email indicating that, while they believed Plaintiff did not 15 have good cause to continue the trial date, Defendants did have good cause to continue the trial date 16 because Defendants have been unable to obtain essential documents (i.e., two flash drives that 17 Plaintiff has withheld from Defendants) despite diligent efforts. On that basis, Defendants agreed 18 to continue the trial date. Attached hereto as Exhibit 2 is a true and correct copy of the email from 19 Defendants agreeing to continue the trial date, dated March 11, 2021. 20 7. Later that day, Defendants provided Plaintiff with a stipulation and proposed order 21 to continue the trial date. Attached hereto as Exhibit 2 is a true and correct copy of the email from 22 Defendants agreeing to continue the trial date, dated March 11, 2021. 23 8. Plaintiff completely ignored this email and offer to stipulate to continue the trial date. 24 9. On March 12, 2021, Defendants received an email from Plaintiff indicating that he 25 intended still to file an ex parte application to continue the trial date in this matter. Attached hereto 26 as Exhibit 3 is a true and correct copy of the email from Plaintiff to Defendants, dated March 11, 27 2021. 28 10. Defendants responded right away, at 9:07 a.m. this morning, with an email saying, W ITHERS NY28571/0001-US-9156500/2 2 B ERGMAN LLP DECLARATION OF KIMBERLY A. PALLEN IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION 1 “What is your position on the stipulation we sent over last night? We are unclear as to why you 2 have ignored our email.” Attached hereto as Exhibit 3 is a true and correct copy of the email from 3 Plaintiff to Defendants, dated March 11, 2021. 4 11. Given the uncertainty surrounding whether the parties have a stipulation to continue 5 the trial date, Defendants need more time to determine whether another trial continuance is 6 warranted. 7 Executed this 12th day of March, 2021 at San Francisco, California. 8 9 Kimberly Pallen 10 Attorneys for Plaintiff Payward, Inc. and Kaiser Ng 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W ITHERS NY28571/0001-US-9156500/2 3 B ERGMAN LLP DECLARATION OF KIMBERLY A. PALLEN IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION