Preview
oOo DDR Hh BW WD
10
Michael C. Osborne (Bar No. 95839)
mosborne@cokinoslaw.com
James B, Ewbank, II
(Admitted Pro Hac Vice)
jewbank@cokinoslaw.com ELECTRONICALLY
Jaskiran K. Samra (Bar No. 296149) FILED
jsamra@cokinoslaw.com Sidetel | dar ot eltnoene,
COKINOS | YOUNG County of San Francisco
505 Montgomery Street, Suite 1100 01/11/2019
San Francisco, CA 94111 Clerk of the Court
Telephone: (415) 874-3677 BY:RONNIE OTERO
jeputy Clerk
Attorneys for Respondents
BENEVOLENT AND PROTECTIVE ORDER OF
ELKS OF THE UNITED STATES OF AMERICA,
MICHAEL T. LUHR, and ROBERT OSTINI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
GUILLAUME GASSUAN and TODD M. Case No. CPF-18-516348
MORENO,
Petitioners, SUPPLEMENTAL DECLARATION
OF BRYAN KLATT IN OPPOSITION
v. TO PETITIONERS’ VERIFIED
PETITION FOR WRIT OF
BENEVOLENT AND PROTECTIVE ORDER | MANDATE AND EXHIBIT 1
OF ELKS OF THE UNITED STATES OF
AMERICA, MICHAEL T. LUHR, and | Date: January 14, 2019
ROBERT OSTINI Time: 9:30am
Dept.: 302
Respondents. Judge: Hon. Harold E. Kahn
Action Filed: September 19, 2018
SUPPLEMENTAL DECLARATION OF BRYAN R. KLATT
I, Bryan R. Klatt, declare:
1. Tam Grand Secretary of Benevolent and Protective Order of Elks of the United States of
America (“B.P.O.E.”) (Executive Officer position within B.P.O.E.);
2. On November 12, 2018, I executed a Declaration in Opposition to Petitioners’ Verified
Petition for Writ of Mandate (“Original Declaration”), which was filed with this Court on
November 15, 2018.
1
SUPPLEMENTAL DELARATION OF BRYAN KLATT IN OPPOSITION TO PETITIONERS’ VERIFIED PE ITION
FOR WRIT OF MANDATE AND EXHIBIT |Cem YN DH F&F Bw Ye
RB xP YP YPN NR YY ee ew ew ew ee LLL
CW DAH FO NH KF Soe ARA RESORTS
3. I made an inadvertent mistake in the Original Declaration when I said, “The appeals
automatically stayed the Executive Orders.” (Declaration of Bryan Klatt in Support of
Respondents’ Opposition to Petitioners’ Verified Petition for Writ of Mandate, dated
November 12, 2018, at 7.) This does not apply to Executive Orders for removal of
officers; it only applies to revocation of lodge charters.
4. I also attached an Obligation Agreement, as Exhibit 2, to my Original Declaration. I
inadvertently included the wrong set of pages of the Obligation Agreement. I intended to
include pages 42-43 of the Obligation Agreement but inadvertently included pages 44-45,
Accordingly, please see attached as Exhibit 1, the correct version of the Obligation
Agreement, which is included in Respondents’ discussion and arguments in this matter.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on January 11, 2019 in Chicago, Illinois.
b—2 Kat
BRYAN R. KLATT
2
SUPPLEMENTAL DELARATION OF BRYAN KLATT IN OPPOSITION TO PETITIONERS’ VERIFIED PETITION
FOR WRIT OF MANDATE AND EXHIBIT |EXHIBIT 1RITUAL
OF
LOCAL LODGES
Under the Jurisdiction
of the
Grand Lodge
of the
BENEVOLENT AND PROTECTIVE
ORDER OF ELKS
of the United States of America
Property of the
GRAND LODGE
TWO THOUSAND AND TWELVE
Code 511500
Revisad November 2012
BPOE 2814USE
ne ee gen snenedni ade
CERTIFICATION
THIS RITUAL, adopted in substantial part by the
Grand Lodge of the Benevolent and Protective Order
of Elks of the United States of America at the Grand
Lodge Session in 1930, and subsequently amended in
pact by the Grand Lodge Sessions in 1946, 1952, 1956,
1963, 1969, 1978, 1990, 1995 and 2012, is to be in
effect in present form from and after November 1, 2012.
Gender and instructional procedures were revised
by the Grand Lodge Ritualistic Committee in 2001,
2003, 2004, and 2005.
IN WITNESS WHEREOF, we have hereunto set
our hands and caused the seal of the Grand Lodge
to be affixed November 1, 2012.
JH#bw
THOMAS S. BRAZIER
Grand Exalted Ruler
RYAN R. KLATT
Grand Secretary
Altest:
NOTE
Extract from the Constitution, Article I, Section 1:
“This Constitution, the Statutes enacted
by the Grend Lodge not io conflict
therewith, and the RITUAL, SHALL BE
THE SUPREME LAW OF THE ORDER.”
BPOE 281542 INITIATION
OBLIGATION
I,____, im the presence of God and this Lodge
of Elks, do solemnly promise and swear that I will
never reveal any of the confidential matters of this
Order which have been, or may hereafter be,
committed to my charge and keeping.
1 will support the Constitution, and obey the
Statutes, rules and regulations of this Order, and the
By-Laws of ______ Lodge, No. , and those of any
other Lodge of which [ may hereafter become a Member.
T will uphold the Coustitution and laws of the
United States of America.
I will propose no one for membership in this Order
whom I do not sincerely believe to be worthy thereof.
1 will ballot for a worthy candidate and against an
unworthy candidate when proposed by another,
1 will not permit any political, sectarian or personal
prejudice toninfluence me in the slightest degree in
the exercise of my right of franchise in the Order.
I will obey any lawful summons sent me by any
competent authority of the Order.
T will never apply to the courts for redress in any
matter conceruing the Order, without first appealing
to the councils of the Order.
I will never reveal to anyone, not an Elk, the name of a
Member asking or receiving aid or relief from the Order.
INITIATION A3
J will not, directly or indirectly, use my membership
in this Order, nor any emblem, insignia or sign
thereof, for business or commercial purposes.
I will never introduce into the Order anything of a
political or sectarian character, nor in any way by my
conduct bring reproach upon it.
I will always protect our Members, their good names
and their families; and I will always respect and defend
the purity and sanctity of their homes and firesides.
If I break this Obligation, may I wander through the
world forsaken; may I be pointed out as a being bereft
of decency, unfit to hold communion with true and
upright Members. And may God help'me, and kecp me
steadfast in this my solemn and binding Obligation in
the Benevolent and Protective Order of Elks of the United
States of America. Amen.
[All seven Officers say “Amen” in unison.)
Exalted Ruler: [While looking at the Esquire, the
Exalted Ruler says:] At ease.
(White the Exalted Ruler steps straight back one pace,
the Esquire moves to place the new Member at ease.
The Esquire then moves to a position beside the new
Member and together they step back onc pace. A Member
designated by the Exalted Ruler shall then cause the
chimes to strike eleven. After the eleventh stroke, the
Esquire'then says most impressively:]
Esquire; {t is the Hour of Recollection.
(The Esquire then steps back one pace and then the Exalted
Ruler continues by giving the Eleven O'Clock Toast.)
BPOE 2835PROOF OF SERVICE
Gassuan v. Benevolent and Protective Order of Elks of the United States of America, et al.
San Francisco County Superior Court Action No. CPF18516348
I declare that I am over the age of eighteen years and not a party to this action or
proceeding. My business address is 505 Montgomery St., Ste. 1100, San Francisco, CA 94111.
On the date set forth below date, I caused the following document(s) to be served:
SUPPLEMENTAL DECLARATION OF BRYAN KLATT IN OPPOSITION TO
PETITIONERS’ VERIFIED PETITION FOR WRIT OF MANDATE AND
EXHIBIT 1
ix] I electronically served the above referenced document(s) through File & ServeXpress.
E-Service in this action was completed on all parties listed on this service list with File
& ServeXpress. This service complies with the court’s order in this case.
& by placing a true copy of the document(s) listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
address shown above following our ordinary business practices. I am readily familiar
with this business’ practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
is placed for collection and mailing, it is deposited in the ordinary course of business
with the United States Postal Service with postage fully prepaid.
See Attached Service List
I declare under penalty of perjury that the foregoing is true and correct. Executed on
January 11, 2019, at San Francisco, California.
Aramdhe 6 fot
Amanda L. Sanchez
PROOF OF SERVICESERVICE LIST
Gassuan v. Benevolent and Protective Order of Elks of the United States of America, et al.
San Francisco County Superior Court Action No. CPF18516348
Walter Parsley
Sean E. Makarin
PARSLEY & MAKARIN
140 Geary Street, 4th Floor
San Francisco, CA 94108
Attorneys for Petitioners
GUILLAUME GASSUAN and TODD M.
MORENO
walter@parsleylaw.com
sean@parsleylaw.com
Tel: (415) 777-1800
SERVICE LIST
Preview
oOo DDR Hh BW WD 10 Michael C. Osborne (Bar No. 95839) mosborne@cokinoslaw.com James B, Ewbank, II (Admitted Pro Hac Vice) jewbank@cokinoslaw.com ELECTRONICALLY Jaskiran K. Samra (Bar No. 296149) FILED jsamra@cokinoslaw.com Sidetel | dar ot eltnoene, COKINOS | YOUNG County of San Francisco 505 Montgomery Street, Suite 1100 01/11/2019 San Francisco, CA 94111 Clerk of the Court Telephone: (415) 874-3677 BY:RONNIE OTERO jeputy Clerk Attorneys for Respondents BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICA, MICHAEL T. LUHR, and ROBERT OSTINI SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO GUILLAUME GASSUAN and TODD M. Case No. CPF-18-516348 MORENO, Petitioners, SUPPLEMENTAL DECLARATION OF BRYAN KLATT IN OPPOSITION v. TO PETITIONERS’ VERIFIED PETITION FOR WRIT OF BENEVOLENT AND PROTECTIVE ORDER | MANDATE AND EXHIBIT 1 OF ELKS OF THE UNITED STATES OF AMERICA, MICHAEL T. LUHR, and | Date: January 14, 2019 ROBERT OSTINI Time: 9:30am Dept.: 302 Respondents. Judge: Hon. Harold E. Kahn Action Filed: September 19, 2018 SUPPLEMENTAL DECLARATION OF BRYAN R. KLATT I, Bryan R. Klatt, declare: 1. Tam Grand Secretary of Benevolent and Protective Order of Elks of the United States of America (“B.P.O.E.”) (Executive Officer position within B.P.O.E.); 2. On November 12, 2018, I executed a Declaration in Opposition to Petitioners’ Verified Petition for Writ of Mandate (“Original Declaration”), which was filed with this Court on November 15, 2018. 1 SUPPLEMENTAL DELARATION OF BRYAN KLATT IN OPPOSITION TO PETITIONERS’ VERIFIED PE ITION FOR WRIT OF MANDATE AND EXHIBIT |Cem YN DH F&F Bw Ye RB xP YP YPN NR YY ee ew ew ew ee LLL CW DAH FO NH KF Soe ARA RESORTS 3. I made an inadvertent mistake in the Original Declaration when I said, “The appeals automatically stayed the Executive Orders.” (Declaration of Bryan Klatt in Support of Respondents’ Opposition to Petitioners’ Verified Petition for Writ of Mandate, dated November 12, 2018, at 7.) This does not apply to Executive Orders for removal of officers; it only applies to revocation of lodge charters. 4. I also attached an Obligation Agreement, as Exhibit 2, to my Original Declaration. I inadvertently included the wrong set of pages of the Obligation Agreement. I intended to include pages 42-43 of the Obligation Agreement but inadvertently included pages 44-45, Accordingly, please see attached as Exhibit 1, the correct version of the Obligation Agreement, which is included in Respondents’ discussion and arguments in this matter. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on January 11, 2019 in Chicago, Illinois. b—2 Kat BRYAN R. KLATT 2 SUPPLEMENTAL DELARATION OF BRYAN KLATT IN OPPOSITION TO PETITIONERS’ VERIFIED PETITION FOR WRIT OF MANDATE AND EXHIBIT |EXHIBIT 1RITUAL OF LOCAL LODGES Under the Jurisdiction of the Grand Lodge of the BENEVOLENT AND PROTECTIVE ORDER OF ELKS of the United States of America Property of the GRAND LODGE TWO THOUSAND AND TWELVE Code 511500 Revisad November 2012 BPOE 2814USE ne ee gen snenedni ade CERTIFICATION THIS RITUAL, adopted in substantial part by the Grand Lodge of the Benevolent and Protective Order of Elks of the United States of America at the Grand Lodge Session in 1930, and subsequently amended in pact by the Grand Lodge Sessions in 1946, 1952, 1956, 1963, 1969, 1978, 1990, 1995 and 2012, is to be in effect in present form from and after November 1, 2012. Gender and instructional procedures were revised by the Grand Lodge Ritualistic Committee in 2001, 2003, 2004, and 2005. IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the Grand Lodge to be affixed November 1, 2012. JH#bw THOMAS S. BRAZIER Grand Exalted Ruler RYAN R. KLATT Grand Secretary Altest: NOTE Extract from the Constitution, Article I, Section 1: “This Constitution, the Statutes enacted by the Grend Lodge not io conflict therewith, and the RITUAL, SHALL BE THE SUPREME LAW OF THE ORDER.” BPOE 281542 INITIATION OBLIGATION I,____, im the presence of God and this Lodge of Elks, do solemnly promise and swear that I will never reveal any of the confidential matters of this Order which have been, or may hereafter be, committed to my charge and keeping. 1 will support the Constitution, and obey the Statutes, rules and regulations of this Order, and the By-Laws of ______ Lodge, No. , and those of any other Lodge of which [ may hereafter become a Member. T will uphold the Coustitution and laws of the United States of America. I will propose no one for membership in this Order whom I do not sincerely believe to be worthy thereof. 1 will ballot for a worthy candidate and against an unworthy candidate when proposed by another, 1 will not permit any political, sectarian or personal prejudice toninfluence me in the slightest degree in the exercise of my right of franchise in the Order. I will obey any lawful summons sent me by any competent authority of the Order. T will never apply to the courts for redress in any matter conceruing the Order, without first appealing to the councils of the Order. I will never reveal to anyone, not an Elk, the name of a Member asking or receiving aid or relief from the Order. INITIATION A3 J will not, directly or indirectly, use my membership in this Order, nor any emblem, insignia or sign thereof, for business or commercial purposes. I will never introduce into the Order anything of a political or sectarian character, nor in any way by my conduct bring reproach upon it. I will always protect our Members, their good names and their families; and I will always respect and defend the purity and sanctity of their homes and firesides. If I break this Obligation, may I wander through the world forsaken; may I be pointed out as a being bereft of decency, unfit to hold communion with true and upright Members. And may God help'me, and kecp me steadfast in this my solemn and binding Obligation in the Benevolent and Protective Order of Elks of the United States of America. Amen. [All seven Officers say “Amen” in unison.) Exalted Ruler: [While looking at the Esquire, the Exalted Ruler says:] At ease. (White the Exalted Ruler steps straight back one pace, the Esquire moves to place the new Member at ease. The Esquire then moves to a position beside the new Member and together they step back onc pace. A Member designated by the Exalted Ruler shall then cause the chimes to strike eleven. After the eleventh stroke, the Esquire'then says most impressively:] Esquire; {t is the Hour of Recollection. (The Esquire then steps back one pace and then the Exalted Ruler continues by giving the Eleven O'Clock Toast.) BPOE 2835PROOF OF SERVICE Gassuan v. Benevolent and Protective Order of Elks of the United States of America, et al. San Francisco County Superior Court Action No. CPF18516348 I declare that I am over the age of eighteen years and not a party to this action or proceeding. My business address is 505 Montgomery St., Ste. 1100, San Francisco, CA 94111. On the date set forth below date, I caused the following document(s) to be served: SUPPLEMENTAL DECLARATION OF BRYAN KLATT IN OPPOSITION TO PETITIONERS’ VERIFIED PETITION FOR WRIT OF MANDATE AND EXHIBIT 1 ix] I electronically served the above referenced document(s) through File & ServeXpress. E-Service in this action was completed on all parties listed on this service list with File & ServeXpress. This service complies with the court’s order in this case. & by placing a true copy of the document(s) listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar with this business’ practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. See Attached Service List I declare under penalty of perjury that the foregoing is true and correct. Executed on January 11, 2019, at San Francisco, California. Aramdhe 6 fot Amanda L. Sanchez PROOF OF SERVICESERVICE LIST Gassuan v. Benevolent and Protective Order of Elks of the United States of America, et al. San Francisco County Superior Court Action No. CPF18516348 Walter Parsley Sean E. Makarin PARSLEY & MAKARIN 140 Geary Street, 4th Floor San Francisco, CA 94108 Attorneys for Petitioners GUILLAUME GASSUAN and TODD M. MORENO walter@parsleylaw.com sean@parsleylaw.com Tel: (415) 777-1800 SERVICE LIST