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1 PAUL CALEO (SBN 153925)
pcaleo@grsm.com
2 MARK HEISEY (SBN 300141)
mheisey@grsm.com
3 GORDON REES SCULLY MANSUKHANI, LLP
1111 Broadway, Suite 1700
4 Oakland, CA 94607
Telephone: (510) 463-8600
5 Facsimile: (510) 984-1721
6 Attorneys for Defendant
BOYS & GIRLS CLUBS OF MONTEREY COUNTY
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF MONTEREY
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11 JANE BE DOE, and individual; Case No.: 21CV000805
Gordon Rees Scully Mansukhani, LLP
12 Plaintiff,
1111 Broadway, Suite 1700
NOTICE OF DEFENDANT BOYS &
Oakland, CA 94607
13 v. GIRLS CLUBS OF MONTEREY
COUNTY'S MOTION FOR SUMMARY
14 BIG BROTHERS BIG SISTERS OF JUDGEMENT
AMERICA, a California Corporation; BIG
15 BROTHERS BIG SISTERS OF MONTEREY
COUNTY, a California Corporation; BOYS & Date: August 4, 2023 , 2023
16 GIRLS CLUB OF MONTEREY COUNTY, a Time: 8:30 a.m.
California Corporation; JON DAVID Dept.: 15
17 WOODY, an individual; and DOES 1 to 50;
18 Defendants.
19 TO ALL PARTIES AND ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE that on August 4, 2023 at 8:30 a.m., or as soon thereafter as
21 the matter may be heard, in Department 15 of this Court, located at Monterey County Superior
22 Court, 1200 Aguajito Road, Monterey, CA 93940, Defendant BOYS & GIRLS CLUBs OF
23 MONTEREY COUNTY (“B&GC”) will and hereby moves the Court for summary judgment
24 pursuant to section 437c of the California Code of Civil Procedure:
25 This motion is made pursuant to Sections 437c and 437c(f) of the California Code of Civil
26 Procedure on the grounds that there is no genuine issue of material fact that B&GC had no causal
27 connection to the abuse allegedly suffered by Plaintiff, and further that there is no genuine issue
28 of material fact that as a matter of law B&GC did not merge with, acquire, or otherwise purchase
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NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR
SUMMARY JUDGEMENT
1 BBBSMC so as to justify holding B&GC liable for BBBSMC’s actions or inactions pursuant to
2 the doctrine of successor liability. For these reasons, Defendant is entitled to Summary Judgment
3 as a matter of law.
4 This Motion for Summary Judgment is based upon this Notice of Motion, the
5 Memorandum of Points and Authorities, Separate Statement of Undisputed Material Facts, the
6 Declaration of Mark Heisey, Declaration of Donna Ferraro, Declaration of Peter Baird, Declaration
7 of Phil Wilhelm, Request for Judicial Notice, and on such other and further oral and documentary
8 evidence as may be presented at the time of the hearing on this Motion.
9 To the extent applicable or relevant, this Motion will also be based upon the evidence and
10 authorities submitted by Plaintiff in opposition to this motion, any reply to the opposition, and any
11 other authority, evidence and matters of which the Court may take judicial notice or as may be
Gordon Rees Scully Mansukhani, LLP
12 presented by either party at or before the hearing on this Motion.
1111 Broadway, Suite 1700
Oakland, CA 94607
13 Dated: May 16, 2023 GORDON REES SCULLY MANSUKHANI, LLP
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By:
15 Paul Caleo
Mark Heisey
16 Attorneys for Defendant
BOYS & GIRLS CLUB OF MONTEREY COUNTY
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NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR
SUMMARY JUDGEMENT
1 PROOF OF SERVICE
Doe, Jane (B.E.) v. Boys & Girls Clubs of Monterey
2 Monterey Superior Court, Case No.: 21CV000805
3 I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP 275 Battery
4 Street, Suite 2000 San Francisco, CA 94111. On the date set forth below, I served the within
documents:
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NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S
6 MOTION FOR SUMMARY JUDGEMENT
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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
8
VIA E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
document(s) to be sent by electronically mailing a true and correct copy through the
9 Gordon Rees Scully Mansukhani, LLP electronic mail system from my email address:
khernandez@grsm.com, to the email address(s) set forth herein.
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by having Nationwide PERSONALLY DELIVER the document(s) listed above to the
person(s) at the address(es) set forth below.
Gordon Rees Scully Mansukhani, LLP
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by placing the document(s) listed above in a sealed envelope with postage thereon
1111 Broadway, Suite 1700
fully prepaid, in United States mail in the State of California at San Francisco,
Oakland, CA 94607
13 addressed as set forth below.
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by placing a true copy thereof enclosed in a sealed envelope, at a station designated
for collection and processing of envelopes and packages for overnight delivery by
FEDEX as part of the ordinary business practices of Gordon Rees Scully Mansukhani,
15 LLP described below, addressed as follows:
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Attorneys for Plaintiff Attorneys for Defendant
17 JANE BE DOE BIG BROTHERS BIG SISTERS OF AMERICA
18 John C. Manly, Esq. Alison M. Crane, Esq.
Vince W. Finaldi, Esq. BLEDSOE, DIESTEL, TREPPA & CRANE
19 Alex E. Cunny, Esq. LLP
Courtney P. Pendry, Esq.
20 MANLY, STEWART & FINALDI 180 Sansome, 5th Floor
19100 Von Karman Ave., Suite 800 San Francisco, CA 94104
21 Irvine, CA 92612 Tel: (415) 981-5411
Tel: (949) 252-9990. Fax: (415) 981-0352
22 Fax: (949) 252-9991 Email: acrane@bledsoelaw.com
Email: jmanly@manlystewart.com tmurray@bledsoelaw.com
23 vfinaldi@manlystewart.com calendar@bledsoelaw.com
cpendry@manlystewart.com lkettle@bledsoelaw.com
24 kfrederiksen@manlystewart.com
sanwar@manlystewart.com
25 sanwar@manlystewart.com
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NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR
SUMMARY JUDGEMENT
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I declare under penalty of perjury under the laws of the State of California that the above
2 is true and correct.
3 Executed on May 16, 2023 at San Francisco, California.
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Kristie Hernandez
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Gordon Rees Scully Mansukhani, LLP
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1111 Broadway, Suite 1700
Oakland, CA 94607
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NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR
SUMMARY JUDGEMENT
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1 PAUL CALEO (SBN 153925) pcaleo@grsm.com 2 MARK HEISEY (SBN 300141) mheisey@grsm.com 3 GORDON REES SCULLY MANSUKHANI, LLP 1111 Broadway, Suite 1700 4 Oakland, CA 94607 Telephone: (510) 463-8600 5 Facsimile: (510) 984-1721 6 Attorneys for Defendant BOYS & GIRLS CLUBS OF MONTEREY COUNTY 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF MONTEREY 10 11 JANE BE DOE, and individual; Case No.: 21CV000805 Gordon Rees Scully Mansukhani, LLP 12 Plaintiff, 1111 Broadway, Suite 1700 NOTICE OF DEFENDANT BOYS & Oakland, CA 94607 13 v. GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR SUMMARY 14 BIG BROTHERS BIG SISTERS OF JUDGEMENT AMERICA, a California Corporation; BIG 15 BROTHERS BIG SISTERS OF MONTEREY COUNTY, a California Corporation; BOYS & Date: August 4, 2023 , 2023 16 GIRLS CLUB OF MONTEREY COUNTY, a Time: 8:30 a.m. California Corporation; JON DAVID Dept.: 15 17 WOODY, an individual; and DOES 1 to 50; 18 Defendants. 19 TO ALL PARTIES AND ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that on August 4, 2023 at 8:30 a.m., or as soon thereafter as 21 the matter may be heard, in Department 15 of this Court, located at Monterey County Superior 22 Court, 1200 Aguajito Road, Monterey, CA 93940, Defendant BOYS & GIRLS CLUBs OF 23 MONTEREY COUNTY (“B&GC”) will and hereby moves the Court for summary judgment 24 pursuant to section 437c of the California Code of Civil Procedure: 25 This motion is made pursuant to Sections 437c and 437c(f) of the California Code of Civil 26 Procedure on the grounds that there is no genuine issue of material fact that B&GC had no causal 27 connection to the abuse allegedly suffered by Plaintiff, and further that there is no genuine issue 28 of material fact that as a matter of law B&GC did not merge with, acquire, or otherwise purchase -1- NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR SUMMARY JUDGEMENT 1 BBBSMC so as to justify holding B&GC liable for BBBSMC’s actions or inactions pursuant to 2 the doctrine of successor liability. For these reasons, Defendant is entitled to Summary Judgment 3 as a matter of law. 4 This Motion for Summary Judgment is based upon this Notice of Motion, the 5 Memorandum of Points and Authorities, Separate Statement of Undisputed Material Facts, the 6 Declaration of Mark Heisey, Declaration of Donna Ferraro, Declaration of Peter Baird, Declaration 7 of Phil Wilhelm, Request for Judicial Notice, and on such other and further oral and documentary 8 evidence as may be presented at the time of the hearing on this Motion. 9 To the extent applicable or relevant, this Motion will also be based upon the evidence and 10 authorities submitted by Plaintiff in opposition to this motion, any reply to the opposition, and any 11 other authority, evidence and matters of which the Court may take judicial notice or as may be Gordon Rees Scully Mansukhani, LLP 12 presented by either party at or before the hearing on this Motion. 1111 Broadway, Suite 1700 Oakland, CA 94607 13 Dated: May 16, 2023 GORDON REES SCULLY MANSUKHANI, LLP 14 By: 15 Paul Caleo Mark Heisey 16 Attorneys for Defendant BOYS & GIRLS CLUB OF MONTEREY COUNTY 17 18 19 20 21 22 23 24 25 26 27 28 -2- NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR SUMMARY JUDGEMENT 1 PROOF OF SERVICE Doe, Jane (B.E.) v. Boys & Girls Clubs of Monterey 2 Monterey Superior Court, Case No.: 21CV000805 3 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP 275 Battery 4 Street, Suite 2000 San Francisco, CA 94111. On the date set forth below, I served the within documents: 5 NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S 6 MOTION FOR SUMMARY JUDGEMENT 7 by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. 8 VIA E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent by electronically mailing a true and correct copy through the 9 Gordon Rees Scully Mansukhani, LLP electronic mail system from my email address: khernandez@grsm.com, to the email address(s) set forth herein. 10 11 by having Nationwide PERSONALLY DELIVER the document(s) listed above to the person(s) at the address(es) set forth below. Gordon Rees Scully Mansukhani, LLP 12 by placing the document(s) listed above in a sealed envelope with postage thereon 1111 Broadway, Suite 1700 fully prepaid, in United States mail in the State of California at San Francisco, Oakland, CA 94607 13 addressed as set forth below. 14 by placing a true copy thereof enclosed in a sealed envelope, at a station designated for collection and processing of envelopes and packages for overnight delivery by FEDEX as part of the ordinary business practices of Gordon Rees Scully Mansukhani, 15 LLP described below, addressed as follows: 16 Attorneys for Plaintiff Attorneys for Defendant 17 JANE BE DOE BIG BROTHERS BIG SISTERS OF AMERICA 18 John C. Manly, Esq. Alison M. Crane, Esq. Vince W. Finaldi, Esq. BLEDSOE, DIESTEL, TREPPA & CRANE 19 Alex E. Cunny, Esq. LLP Courtney P. Pendry, Esq. 20 MANLY, STEWART & FINALDI 180 Sansome, 5th Floor 19100 Von Karman Ave., Suite 800 San Francisco, CA 94104 21 Irvine, CA 92612 Tel: (415) 981-5411 Tel: (949) 252-9990. Fax: (415) 981-0352 22 Fax: (949) 252-9991 Email: acrane@bledsoelaw.com Email: jmanly@manlystewart.com tmurray@bledsoelaw.com 23 vfinaldi@manlystewart.com calendar@bledsoelaw.com cpendry@manlystewart.com lkettle@bledsoelaw.com 24 kfrederiksen@manlystewart.com sanwar@manlystewart.com 25 sanwar@manlystewart.com 26 27 28 -3- NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR SUMMARY JUDGEMENT 1 I declare under penalty of perjury under the laws of the State of California that the above 2 is true and correct. 3 Executed on May 16, 2023 at San Francisco, California. 4 Kristie Hernandez 5 6 7 8 9 10 11 Gordon Rees Scully Mansukhani, LLP 12 1111 Broadway, Suite 1700 Oakland, CA 94607 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- NOTICE OF DEFENDANT BOYS & GIRLS CLUBS OF MONTEREY COUNTY'S MOTION FOR SUMMARY JUDGEMENT