Preview
Steven M. Tindall (SBN 187862)
smt@classlawgroup.com
Jeffrey Kosbie (SBN 305424)
jbk@classlawgroup.com
Rosanne L. Mah (SBN 242628)
rlm@classlawgroup.com
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, California 94607
Telephone: (510) 350-9700
Fax: (510) 350-9701
Attorneys for Plaintiff
ALEXANDER CHARLES
SUPERIOR COURT FOR THE STATE CALIFORNIA
COUNTY SANTA CLARA
ALEXANDER CHARLES Case No.: 19CV347249
Plaintiff Hon. Theodore C. Zayner, Department 19
vs. DECLARATION OF STEVEN M.
TINDALL IN SUPPORT OF
VARSITY TUTORS LLC, PLAINTIFF MOTION FOR
SUMMARY ADJUDICATION
Defendant.
DATE: October 18, 2023
TIME: 1:30 p.m.
Complaint Filed: May 1, 2019
FAC: May 30, 2019
Trial Date: None Set
DECLARATION OF STEVEN M. TINDALL IN SUPPORT OF PLAINTIFF S MOTION FOR SUMMARY
ADJUDICATION
I, Steven M. Tindall, declare as follows:
I am an attorney licensed to practice in this Court. I am a partner in the law firm of
Gibbs Law Group LLP, counsel of record for PlaintiffAlexander Charles in this matter.
I submit this declaration in support of Plaintiff Notice of Motion and Motion for
Summary Adjudication.
I have personal knowledge of each fact stated in this declaration except where I make
a statement on information and belief, in which case I am informed, and on that basis believe the
statement to be true. If called and sworn as a witness, I could and would competently testify thereto
Attached hereto as Exhibit is a true and correct copy of excerpts from Session 1 of
the Deposition of Varsity Tutors LLC’s Person Most Knowledgeable, Christopher Swenson, taken on
June 29, 2023. I appeared as this deposition as counsel for Plaintiffand conducted the examination of
Mr. Swenson.
Attached hereto as Exhibit is a true and correct copy of excerpts from Session 2 of
the Deposition of Varsity Tutors LLC’s Person Most Knowledgeable, Christopher Swenson, taken on
June 29, 2023. I appeared as this deposition as counsel for Plaintiff and conducted the examination of
Mr. Swenson.
Attached hereto as Exhibit 3is a true and correct copy of Exhibit 13 from Session 2
of the Deposition of Varsity Tutors LLC’s Person Most Knowledgeable, Christopher Swenson, taken
on June 29, 2023.Defendant originally produced this Exhibit to Plaintiff during the course of
discovery in this matter, and the document bears the Bates numbers VARSITY005996
I declare under penalty of perjury under the laws of theUnited States and the State of
California that the foregoing is true and correct.
Executed on August 2, 2023, at Oakland, California.
Steven M. Tindall
DECLARATION OF STEVEN M. TINDALL IN SUPPORT OF PLAINTIFF S MOTION FOR SUMMARY
ADJUDICATION
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
S" VARSITY TUTORS
TUTORS About Academic Tutoring Test Prep Pricing Tutor Bios Locations Sign In
ago Call Now to
to Set Up
Up Tutoring
Tutoring
(888) 888-0446
GET TUTORING INFO NOW
1of4
AWARD-WINNING ACADEMIC TUTORING & TEST PREP Full Name *
Mobile Tutoring App
CONTINUE
WATCH THE VIDEO
I Info &
Info &Prices Emailed
Emailed
FEATURED BY FOX % CBS •'i TIME USA
TODAY
Expert Assistance
from Anywhere
Don't let abusy schedule interfere with
tutoring—take your tutoring sessions
on the go! Get face-to-face help on our
mobile tutoring platform whenever and
wherever works best for you. From a
break between classes to your train
commute home, turn wasted downtime
into your educational advantage.
G1111011
,11110N
d
1
Google Play
Top Tools for
Success
Ample tools are available on the app to
aid your tutoring sessions. Work step-
by-step through all levels of math
problems using the mathboard. The
workboard allows you to outline
concerns through illustrations or
graphs. Work on text assignments
together with your tutor in the
document editor. Tools are available to
help you do all the work you need, all Exhibit
from your mobile device.
0013
Practice and
Receive
Immediate
Feedback
During your mobile tutoring session, VARSITY005996
you and your tutor can access
thousands of professionally-written
practice problems across more than
150 subjects and standardized exams.
Work through aproblem together and
get expert feedback on your answers.
Additional Features of the App
Manage your tutoring sessions
Conveniently view and schedule your tutoring sessions right on your mobile device.
Track your account balance
Track and purchase additional tutoring hours using our mobile app.
Keep in touch with your tutors
Easily plan upcoming sessions by accessing your expert tutor's calendar and contact
information.
d
d
Downlo don 1h; GET tTON
IT ON
Google Play
Find The Best Tutors
Full Name * Email Address Phone Number * Zip Code *
FIND YOUR TUTOR Info &Prices Emailed
VARSITY TUTORS OUR COMPANY FREE RESOURCES
Our Guarantee Press Coverage Tests, Problems & Flashcards Test Prep Books
Online Tutoring OurTeam Classroom Assessment Tools Web English Teacher
Mobile Tutoring App Partnerships Mobile Applications Early America
Instant Tutoring Tutoring Jobs College Scholarship Hotmath
Reviews and Testimonials Careers Admissions Blog Aplusmath
How We Operate
TOP SUBJECTS TOP LOCATIONS
ACT Tutors Geometry Tutors LSAT Tutors SAT Tutors Atlanta Tutoring Houston Tutoring Phoenix Tutoring
Algebra Tutors German Tutors MCAT Tutors Spanish Tutors Boston Tutoring Kansas City Tutoring San Diego Tutoring
Biology Tutors GMAT Tutors Math Tutors SSAT Tutors Brooklyn Tutoring Los Angeles Tutoring San Francisco Tutoring
Calculus Tutors Grammar Tutors Physics Tutors Statistics Tutors Chicago Tutoring Miami Tutoring Seattle Tutoring
Chemistry Tutors GRE Tutors PSAT Tutors Test Prep Tutors Dallas Tutoring New York City Tutoring St. Louis Tutoring
French Tutors ISEE Tutors Reading Tutors Writing Tutors Denver Tutoring Philadelphia Tutoring Washington DC Tutoring
Hide Legal Disclaimer Privacy Policy Terms of Use Sitemap Sign In
Names of standardized tests are owned by the trademark holders and are not affiliated with Varsity Tutors LLC.
4.9/5.0 Satisfaction Rating over the last 100,000 sessions. As of 4/27/18.
Media outlet trademarks are owned by the respective media outlets and are not affiliated with Varsity Tutors.
Award-Winning claim based on CBS Local and Houston Press awards.
Varsity Tutors does not have affiliation with universities mentioned on its website.
Varsity Tutors connects learners with experts. Instructors are independent contractors who tailor their services to each client, using their own style, methods and materials.
Varsity Tutors © 2007-2018 All Rights Reserved
VARSITY005997
V VARSITY TUTORS
VARSITY TUTORS About- Academic Tutoring - Test Prep - Pricing Tutor Bios Locations Sign In
Call Now to Set Up Tutoring
(888) 888-0446
AWARD-Wk
AWARD-WkNIN
IN - CADEMIC TUTORING &
CADEMlC &TESTPREP
TEST PREP
10- 411111
N'He :©urd-Winning
-
GET TUTORING INFO NOW
—
-
1of4
1
0 me Tutoring Platform
Full Name *
It &111111110— $
WATCH THE VIDEO
CONTINUE
Info &
&Prices Emalled
Emailed
FEATURED BY FOX %
% CBS ti
•' TIME USA
TODAY
Meet the Incredibly
Talented Tutors
We have rigorous qualifications and only atiny fraction of
those candidates who apply ultimately make it through our
demanding interview process. We know that our success
depends on facilitating outstanding tutoring services which
requires incredible tutors online and offline.
Online tutoring pairs you with the best tutor in the U.S. for
your particular needs, choosing from thousands of tutors
we have nationally.
TUTORS HAVE ATTENDED Harvard Yale Princeton Stanford
UNIVERSITY UNIVERSITY UNIVERSITY UNIVERSITY
Experience Personally Tailored Lessons
From Exceptional Tutors in aOne-On-One
Online Setting.
GET INFO & PRICING
Learn More about the Features of the
Online Tutoring Platform
Discover how our online platform tools simplify online tutoring for any subject
VARSITY005998
See how our live online platform makes it Explore the many benefits of face-to-face
easy for language learners to thrive online tutoring for young learners
PERSONALIZED LESSON PLANS
Tutors customize your lessons and present concepts in engaging, easy-
to-understand ways.
TUTOR SATISFACTION GUARANTEE
At Varsity Tutors, we're committed to connecting you to top tutors
capable of delivering an outstanding experience. That's why we provide
acomprehensive satisfaction guarantee. If, for any reason, you are not
satisfied with your selected tutor after the initial session, please call us
and we will help you identify atutor who might be abetter fit.
n
CONCIERGE-STYLE
CONCIERGE-STYLE SERVICE
SERVICE
• Our expert educational directors are available throughout the entire
J tutoring process and are dedicated to maximizing your academic
success and overall satisfaction.
Top Academic Tutoring Subjects for Online Tutoring
Accounting Tutoring, Algebra Tutoring, Anatomy Tutoring, Biology Tutoring, Calculus Tutoring, Chemistry Tutoring,
Computer Science Tutoring, Economics Tutoring, Elementary Math Tutoring, English Tutoring, Finance Tutoring, French
Tutoring, Geometry Tutoring, German Tutoring, History Tutoring, Latin Tutoring, Mandarin Chinese Tutoring, Phonics
Tutoring, Physical Chemistry Tutoring, Physics Tutoring, Pre-Calculus Tutoring, Reading Tutoring, Spanish Tutoring,
Statistics Tutoring, Summer Tutoring, Trigonometry Tutoring, Writing Tutoring
Top Test Prep Subjects for Online Tutoring
ACT Tutoring, AIMS Tutoring, ASPIRE Tutoring, GMAT Tutoring, GRE Tutoring, HSPT Tutoring, ISAT Tutoring, ISEE
Tutoring, LSAT Tutoring, MCAT Tutoring, PSAT Tutoring, SAT Tutoring, SHSAT Tutoring, SSAT Tutoring, STAAR Tutoring
Find The Best Tutors
Full Flame * Email Address Phone Number * Zip Code *
FIND YOUR TUTOR Info &Prices Emailed
VARSITY TUTORS OUR COMPANY FREE RESOURCES
Our Guarantee Press Coverage Tests, Problems & Flashcards Test Prep Books
Online Tutoring OurTeam Classroom Assessment Tools Web English Teacher
Mobile Tutoring App Partnerships Mobile Applications Early America
Instant Tutoring Tutoring Jobs College Scholarship Hotmath
Reviews and Testimonials Careers Admissions Blog Aplusmath
How We Operate
TOP SUBJECTS TOP LOCATIONS
ACT Tutors Geometry Tutors LSAT Tutors SAT Tutors Atlanta Tutoring Houston Tutoring Phoenix Tutoring
Algebra Tutors German Tutors MCAT Tutors Spanish Tutors Boston Tutoring Kansas City Tutoring San Diego Tutoring
Biology Tutors GMAT Tutors Math Tutors 55AT Tutors
SSAT Brooklyn Tutoring Los Angeles Tutoring San
5ari Francisco Tutoring
Calculus Tutors Grammar Tutors Physics Tutors Statistics Tutors Chicago Tutoring Miami Tutoring Seattle Tutoring
Chemistry Tutors GRE Tutors PSAT Tutors Test Prep Tutors Dallas Tutoring New York City Tutoring St. Louis Tutoring
French Tutors ISEE Tutors Reading Tutors Writing Tutors Denver Tutoring Philadelphia Tutoring
VARSITY005999
Washington DC Tutoring
Hide Legal Disclaimer Privacy Policy Terms of Use Sitemap Sign In
Names of standardized tests are owned by the trademark holders and are not affiliated with Varsity Tutors LLC.
4.9/5.0 satisfaction
Satisfaction Rating over the last 100,000 sessions. As of 4/27/18.
Media outlet trademarks are owned by the respective media outlets and are not affiliated with Varsity Tutors.
Award-winning claim based on CBS Local and Houston Press awards.
Varsity Tutors does not have affiliation with universities mentioned on its website.
Varsity Tutors connects learners with experts. Instructors are independent contractors who tailor their services to each client, using their own style, methods and materials.
Varsity Tutors © 2007-2018 All Rights Reserved
VARSITY006000
S" VARSITY TUTORS About Academic Tutoring Test Prep Pricing Tutor Bios Locations Sign In
Call Now to Set Up Tutoring
(888) 888-0446
AWARD-WINNING ACADEMIC TUTORING & TEST PREP
11
Tutor Satisfaction
Stisfacion Guarantee
WATCH THE VIDEO
FEATURED BY FOX % CBS •'i TIME USA
TODAY
TUTOR SATISFACTION GUARANTEE
At Varsity Tutors, we're committed to connecting you to top tutors
capable of delivering an outstanding experience. That's why we
provide acomprehensive satisfaction guarantee. If for any reason
you are not satisfied with your selected tutor after the initial
session, please call us and we will help you identify atutor who
might be abetter fit.
4.9/5.0 Satisfaction Rati ng *
GET INFO & PRICING
Here's What Our Clients Are Saying
"Thank you so much for your help, "Thank you very much for the
and for leading your tutor to our wonderful service that you have
daughter. He is not only a provided forJose.Jose has learned
remarkable tutor, he was an so much from Amy [our tutor]. Iwas
excellent teacher for our student. very impressed with her and your
Maybe more importantly, our program. Thanks again and please
daughter is now armed with the let Amy know how wonderful she is. I
confidence that math is not a was very impressed."
hopeless cause, and she really can
conquer it. That is agreat success Parent of high school student
story!" Houston, TX
Parent of 12th grade student
Tanque Verde High School
Tucson, AZ
VARSITY006001
Full Name * Email Address Phone Number * Zip Code *
FIND YOUR TUTOR Info & Prices Emailed
VARSITY TUTORS OUR COMPANY FREE RESOURCES
Our Guarantee Press Coverage Tests, Problems & Flashcards Test Prep Books
Online Tutoring OurTeam
Our Team Classroom Assessment Tools Web English Teacher
Mobile Tutoring App Partnerships Mobile Applications Early America
Instant Tutoring Tutoring Jobs College Scholarship Hotmath
Reviews and Testimonials Careers Admissions Blog Aplusmath
How We Operate
TOP SUBJECTS TOP LOCATIONS
ACT Tutors Geometry Tutors LSAT Tutors SAT Tutors Atlanta Tutoring Houston Tutoring Phoenix Tutoring
Algebra Tutors German Tutors MCAT Tutors Spanish Tutors Boston Tutoring Kansas City Tutoring San Diego Tutoring
Biology Tutors GMAT Tutors Math Tutors SSAT Tutors Brooklyn Tutoring Los Angeles Tutoring San Francisco Tutoring
Calculus Tutors Grammar Tutors Physics Tutors Statistics Tutors Chicago Tutoring Miami Tutoring Seattle Tutoring
ChemistryTutors GRE Tutors PSAT
P5ATTutors
Tutors Test Prep Tutors Dallas Tutoring New York City Tutoring St. Louis Tutoring
French Tutors ISEE Tutors Reading Tutors Writing Tutors Denver Tutoring Philadelphia Tutoring Washington DC Tutoring
Hide Legal Disclaimer Privacy Policy Terms of Use Sitemap Sign In
Names
Names of standardized tests
tests are owned by the trademark holders and are not affiliated
affiliated with Varsity
Varsity Tutors
Tutors LLC.
last 100,000 sessions.
4.9/5.0 Satisfaction Rating over the last sessions. As
As of 4/27/18.
Media outlet trademarks are owned by the respective media outlets and are not affiliated with Varsity Tutors.
Award-Winning claim based on CBS Local and Houston Press awards.
Varsity Tutors does not have affiliation with universities mentioned on its website.
Varsity Tutors connects learners with experts. Instructors are independent contractors who tailor their services to each client, using their own style, methods and materials.
Varsity Tutors © 2007- 2018 All Rights Reserved
VARSITY006002
VARSITY TU
VARSITY TUTORS
TO RS About Academic Tutoring Test Prep Pricing Tutor BiOS
Bios Locations Sign In
q
q.
. Call
Call Now to Set
Now to Set Up
Up Tutoring
Tutoring
.00 (nnS)
InBn) nsn -
(nb) 010-0446
818-0446
u446
AWARD-WINNING ACADEMIC TUTORING & TEST PREP
GETTUTORING INFO NOW
Overview of Varsity Tutors Pull Name
Full Name *
1 0f4
004
WATCH THE VIDEO
CDNTINUE
&MMUMM..'
Info &Prices Ernalled
Ernallnd
FEATURED BY FOX Aft I!CBS
l!CBS i'rtii
i'uit TIME •eun
•nwn
•nun
Your Personalized Tutoring Program and
Instructor
Ell
IDENTIFY YOUR NEEDS
Our knowledgeable directors help you choose your tutor with your
learning profile and personality in mind.
IDENTIFY TEACHING
to
Instructors will individualize your tutoring sessions to help you learn
content in amanner that fits you best.
CHOOSE YOUR LOCATION
Your tutors meet at times that fit
fit your needs and you can select the
Lnj tutoring location that works best for you.
ne
RAISE PERFORMANCE
Students are able to make better progress when the instruction is
customized to their needs.
Tutors have attended Harvard Law School, Columbia College, Yale, MIT, Washington University and Princeton!
Find the best tutors in your area
Find The Best Tutors
Pull Name
Full Name Email
EsnailAddmss
Address
ErnailAddmss Phone Number 0 Zip Code 0
FIND YOUR TUTOR Info &
tnfo &Prices Ernailed
Enrailed
VARSITY TUTORS OUR COMPANY FREE RESOURCES
Our Guarantee Press Coverage Tests,
Tests, Problems & Flashcards Test Prep Books
Online Tutoring OurTeam
Our Team Classroom Assessment Tools Web English Teacher
Mobile Tutoring App Partnerships Mobile Applications Early America
Instant Tutoring Tutoring Jobs College Scholarship Hotmath
Reviews and Testimonials Careers Admissions Blog Aplusmath
How We Operate
TOP SUBJECTS AN
40
110 TOP LOCATIONS
uctnutors
ucnnutors ueomett,Tutors
ueomeuylutons
ueomeuylutors IsuTTucors
LsuTtutors
IsuTTutors nATnutors
5ATTutors
5ATnutors Atlanta
Atlanta Tutoring
utlaetanutovng
Tutoring Ho—Tutoring
riousconTutoring
Ho-Tutoring Phoeelonutovng
phoenlonutoVng
phoenionutoVng
Algebra nutors
ulgebna Tutors uerman nusors
uenean nutors McuTTutors
MCuTTutors Spanish Tutors Boston Tutoring hansas city
Kansas City Tusonieg
rusorieg
rusonieg San 01590
Diego
elegonutoOng
Tutoring
nutoring
elologyTutors
nlologyTutors uMunrutors
ucaurrucors
uMu Trutors
- Math Tutors 55uTrucons
sSurrucors
nSurrutors Brooklyn Tutoring Los ungeles
Angeles Tutoring
rucoring San nraeclsoorutorleg
Francisco Tutorleg
calculus
Calculusrutors
Tutors Grammar
urammarnucons
nucons
Tutors Physics nusors Statistics-
5ta05t105 Tutors
5taOstics chlcagonutorlrg
chlcagonutoring Miami rusting
rutoring
rusoring Seatuenutoring
scathe
Seattienutoring
Tutoring
chemistrynusors
Chemistrynusors ueE nutors
uRn nucors PSurnutors
PSurnutors
p5uT nutors Test Prop
nest
Test Prep Tutors
nusors eallas
nallasrutoong
Tutoring Now cork
York City
rork city Tutoring
rucosing
rutosing 55 Louis
St LouIs Tutoring
lusoring
French Tutors
nutors SEE Tutors
SEE Tutors Reading nutors WrIting
Wrung nutors
WHong nutort Denwrnutoring
nenwrnutoring
nenwrnutcring Philadelphia nutoring
Tutoring washington
Washing—D—ing
OCnutctlng
oCnutctlng
Hide Legal Disclaimer Privacy Policy Terms of Use Sitemap Sign In
Names of
Names of standardized
standardized tests are owned by
hymn are not affiliated with Varsity
the trademark holders and are varsity Tutors LLC.
4.n/5.o 5atufaction
4.0/5.0
4.9/5.0 saosfaction naong
Oavng over the last 100,000
oaong As of
itt,ttt sessions. As &4127/1
4/27/in.
S.
Media outlet tnademarks respective media
trademarks are owned by the respectice media outlets and are not affiliated with Varsity
varsity Tutors,
Tutors.
Award -wi nning claim
Award-winning based on
claim based on CBS
CBS Local and Houston Press awards.
does not have affiliation with universities mentioned on its website.
Varsity tutors does website
Varsity Tutors connects
connectt leamers
ieamsrs with ecpenfs.
eopsnts. Instructors are independent 000tnactore
experts. contractors who tailor their services to each client using their own style, methods and matesials.
mateniols.
matenais.
Varsity Tutors © 2007-2018
2007 -2018 All Rights Reserved
VARSITY006003
" VARSITY TUTORS About Academic Tutoring Test Prep Pricing Tutor Bios Locations Sign In
' Call Now to Set Up Tutoring: (888)
(888)888.0446
888-0446
Get Tutoring Info Now
98% of our customers' ould reb end u to friends and family!
Client Reviêws
Reviews
U
0 TODAY