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1 JOHN C. MANLY (State Bar No. 149080)
jmanly@manlystewart.com
2 VINCE W. FINALDI, Esq. (State Bar No. 238279)
vfinaldi@manlystewart.com
3 ALEX E. CUNNY, Esq. (State Bar No. 291567)
acunny@manlystewart.com
4 COURTNEY P. PENDRY (State Bar No. 327382)
cpendry@manlystewart.com
5 MANLY STEWART FINALDI
19100 Von Karman Avenue, Suite 800
6 Irvine, California 92612
Telephone: (949) 252-9990
7 Facsimile: (949) 252-9991
8 Attorneys for Plaintiff, Jane BE Doe
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF MONTEREY
11
MANLY STEWART FINALDI
12 JANE BE DOE, Case No. 21CV000805
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 Plaintiff, DECLARATION OF COURTNEY P.
Irvine, California 92612
PENDRY IN SUPPORT OF PLAINTIFF’S
14 v. OPPOSITION TO DEFENDANT BOYS
AND GIRLS CLUBS MOTION FOR
15 BIG BROTHERS BIG SISTERS OF SUMMARY JUDGMENT
AMERICA, a California corporation; BIG
16 BROTHERS BIG SISTERS OF MONTEREY [Filed concurrently with Notice of Opposition ,
COUNTY, a California corporation; BOYS & Memorandum of Points and Authorities;
17 GIRLS CLUBS OF MONTEREY COUNTY, Plaintiff's Compendium of Evidence; Separate
a California corporation; JON DAVID Statement of Disputed and Undisputed
18 WOODY, an individual; and DOES 1-50,
inclusive, Material Facts; Evidentiary Objections; Notice
19 Defendant. of Lodgment of Conditionally Sealed
Evidence; Motion to Seal Records and Request
20 for Judicial Notice]
21 Hearing Date: September 8, 2023
Time: 8:30 am
22
23 Judge: Thomas W. Wills
Dept.: 15
24
Action Filed: March 12, 2021
25 FAC Filed: December 13, 2021
Trial Date: January 24, 2024
26
27
28
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 DECLARATION OF COURTNEY P. PENDRY, ESQ.
2 I, Courtney P. Pendry, Esq. declare as follows:
3 1. I am an attorney with Manly Stewart Finaldi, attorneys of record for Plaintiff, JANE
4 BE DOE (“Plaintiff”), an individual. I have personal knowledge of the facts set forth herein. If
5 called as a witness, I could and would competently testify to the matters stated herein.
6 2. This declaration is made in support of Opposition to Defendant Boys and Girls Clubs
7 of Monterey County’s (“BGC”) Motion for Summary Judgment ("MSJ").
8 3. Attached as Exhibit "1" to the Plaintiff’s Notice of Lodgment of Evidence in Support
9 of the MSJ is a true and correct copy of the relevant portions of Plaintiff’s responses to Form
10 Interrogatories, Set One. The name of the Plaintiff has been redacted subject to the Plaintiff’s
11 privacy rights to remain a “Jane Doe.”
MANLY STEWART FINALDI
12 4. Attached as Exhibit "2" to the Plaintiff’s Notice of Lodgment of Evidence in Support
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000318. This
Irvine, California 92612
14 document was produced after entry of the Stipulated Protective Order in this matter, and is subject
15 to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed” evidence that has
16 been lodged herewith.
17 5. Attached as Exhibit "3" to the Plaintiff’s Notice of Lodgment of Evidence in Support
18 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000304. This
19 document was produced after entry of the Stipulated Protective Order in this matter, and is subject
20 to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed” evidence that has
21 been lodged herewith.
22 6. Attached as Exhibit "4" to the Plaintiff’s Notice of Lodgment of Evidence in Support
23 of the MSJ is a true and correct copy of the deposition of Marc Russo, taken June 30, 2023. This
24 deposition includes discussion of documents received after entry of the Stipulated Protective Order
25 in this matter, and further contains the names and other identifying information of other alleged
26 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to
27 the “Conditionally Sealed” evidence that has been lodged herewith.
28 7. Attached as Exhibit "5" to the Plaintiff’s Notice of Lodgment of Evidence in Support
2
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 of the MSJ is a true and correct copy of the deposition of Phil Wilhelm, taken July 14, 2023. This
2 deposition includes discussion of documents received after entry of the Stipulated Protective Order
3 in this matter, and further contains the names and other identifying information of other alleged
4 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to
5 the “Conditionally Sealed” evidence that has been lodged herewith.
6 8. Attached as Exhibit "6" to the Plaintiff’s Notice of Lodgment of Evidence in Support
7 of the MSJ is a true and correct copy of the deposition of Brenda Roncarati, taken July 20, 2023.
8 This deposition includes discussion of documents received after entry of the Stipulated Protective
9 Order in this matter, and further contains the names and other identifying information of other
10 alleged victims of Woody and therefore is subject to the sealing motion filed concurrently herewith,
11 as to the “Conditionally Sealed” evidence that has been lodged herewith.
MANLY STEWART FINALDI
12 9. Attached as Exhibit "7" to the Plaintiff’s Notice of Lodgment of Evidence in Support
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 of the MSJ is a true and correct copy of the deposition of Peter Baird, taken July 6, 2023 and July
Irvine, California 92612
14 21, 2023. This deposition includes discussion of documents received after entry of the Stipulated
15 Protective Order in this matter, and further contains the names and other identifying information of
16 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently
17 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
18 10. Attached as Exhibit "8" to the Plaintiff’s Notice of Lodgment of Evidence in Support
19 of the MSJ is a true and correct copy of a Certified Copy of BBBSMC’s Certificate of Dissolution
20 filed with the State of California Secretary of State on February 17, 2011. Judicial notice is requested
21 to be taken of this document, pursuant to the Request for Judicial Notice filed concurrently herewith.
22 11. Attached as Exhibit "9" to the Plaintiff’s Notice of Lodgment of Evidence in Support
23 of the MSJ is a true and correct copy of the deposition of Matthew Ottone, taken July 12, 2023. This
24 deposition includes discussion of documents received after entry of the Stipulated Protective Order
25 in this matter, and further contains the names and other identifying information of other alleged
26 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to
27 the “Conditionally Sealed” evidence that has been lodged herewith.
28 12. Attached as Exhibit "10" to the Plaintiff’s Notice of Lodgment of Evidence in
3
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
2 000001-12.
3 13. Attached as Exhibit "11" to the Plaintiff’s Notice of Lodgment of Evidence in
4 Support of the MSJ is a true and correct copy of the deposition of Donna Ferraro, taken July 10,
5 2023. This deposition includes discussion of documents received after entry of the Stipulated
6 Protective Order in this matter, and further contains the names and other identifying information of
7 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently
8 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
9 14. Attached as Exhibit "12" to the Plaintiff’s Notice of Lodgment of Evidence in
10 Support of the MSJ is a true and correct copy of the deposition of Cynthia Peck, taken June 29,
11 2023. This deposition includes discussion of documents received after entry of the Stipulated
MANLY STEWART FINALDI
12 Protective Order in this matter, and further contains the names and other identifying information of
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently
Irvine, California 92612
14 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
15 15. Attached as Exhibit "13" to the Plaintiff’s Notice of Lodgment of Evidence in
16 Support of the MSJ is a true and correct copy of the deposition of BGC’s Person Most Qualified Re:
17 Merger, Acquisition, and/or Partnership with BBBSMC, Tom Gray, taken November 3, 2022. This
18 deposition includes discussion of documents received after entry of the Stipulated Protective Order
19 in this matter, and further contains the names and other identifying information of other alleged
20 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to
21 the “Conditionally Sealed” evidence that has been lodged herewith.
22 16. Attached as Exhibit "14" to the Plaintiff’s Notice of Lodgment of Evidence in
23 Support of the MSJ is a true and correct copy of the deposition of Margaret Schulte, taken July 25,
24 2023. This deposition includes discussion of documents received after entry of the Stipulated
25 Protective Order in this matter, and further contains the names and other identifying information of
26 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently
27 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
28 17. Attached as Exhibit "15" to the Plaintiff’s Notice of Lodgment of Evidence in
4
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 Support of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-
2 000290. This document was produced after entry of the Stipulated Protective Order in this matter,
3 and is subject to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed”
4 evidence that has been lodged herewith.
5 18. Attached as Exhibit "16" to the Plaintiff’s Notice of Lodgment of Evidence in
6 Support of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-
7 000331-362. This document was produced after entry of the Stipulated Protective Order in this
8 matter, and is subject to the sealing motion filed concurrently herewith, as to the “Conditionally
9 Sealed” evidence that has been lodged herewith.
10 19. Attached as Exhibit "17" to the Plaintiff’s Notice of Lodgment of Evidence in
11 Support of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-
MANLY STEWART FINALDI
12 000305. This document was produced after entry of the Stipulated Protective Order in this matter,
19100 Von Karman Avenue, Suite 800
13 and is subject to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed”
Telephone (949) 252-9990
Irvine, California 92612
14 evidence that has been lodged herewith.
15 20. Attached as Exhibit "18" to the Plaintiff’s Notice of Lodgment of Evidence in
16 Support of the MSJ is a true and correct copy of relevant portions of the police report produced by
17 the Monterey County Sherriff's Department, including the police report of Jane Doe 2. This report
18 was produced by the Monterey County Sherriff's Department after receiving the Stipulated
19 Protective Order in this matter and contains the names and identifying information of other victims
20 of Woody and is therefore filed conditionally under seal.
21 21. Attached as Exhibit “19” to the Plaintiff’s Notice of Lodgment of Evidence in
22 Support of the MSJ is a true and correct copy of the Court of Appeals decision in in the People v.
23 Woody Case No. H037191. Judicial Notice of this document is sought pursuant to the concurrently
24 filed Request for Judicial Notice, pursuant to Evidence Code §451,452.5, and 453. This case is an
25 unpublished opinion, however, in accordance with California Rules of Court, rule 8.1115(a),
26 Plaintiff does not rely upon any portion of this opinion or legal authority cited therein, and merely
27 cites to the factual recitation contained therein.
28 22. Attached as Exhibit "20" to the Plaintiff’s Notice of Lodgment of Evidence in
5
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 Support of the MSJ is a true and correct copy of the deposition of Jon David Woody, taken August
2 1, 2023. This deposition includes discussion of documents received after entry of the Stipulated
3 Protective Order in this matter, and further contains the names and other identifying information of
4 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently
5 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
6 23. Attached as Exhibit "21" to the Plaintiff’s Notice of Lodgment of Evidence in
7 Support of the MSJ is a true and correct copy of the relevant portions of Plaintiff’s responses to
8 Special Interrogatories, Set One.
9 24. Attached as Exhibit “22” to the Plaintiff’s Notice of Lodgment of Evidence in
10 Support of the MSJ is a true and correct copy of the Monterey Harold article entitled “Prunedale
11 man found guilty on molestation charges” published December 1, 2010. Judicial notice is requested
MANLY STEWART FINALDI
12 to be taken of this document, pursuant to the Request for Judicial Notice filed concurrently herewith.
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 This document was retrieved from the following website by my office on July 31, 2023:
Irvine, California 92612
14 https://www.montereyherald.com/2010/12/01/prunedale-man-found-guilty-on-molestation-
15 charges/
16 25. Attached as Exhibit "23" to the Plaintiff’s Notice of Lodgment of Evidence in
17 Support of the MSJ is a true and correct copy of documents produced in connection with the
18 Deposition of Matthew Ottone, and bates stamped Ottone-0001-103.
19 26. Attached as Exhibit "24" to the Plaintiff’s Notice of Lodgment of Evidence in
20 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
21 000158-159.
22 27. Attached as Exhibit "25" to the Plaintiff’s Notice of Lodgment of Evidence in
23 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
24 000013-017.
25 28. Attached as Exhibit "26" to the Plaintiff’s Notice of Lodgment of Evidence in
26 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
27 000219-222.
28 29. Attached as Exhibit "27" to the Plaintiff’s Notice of Lodgment of Evidence in
6
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
2 000224-227.
3 30. Attached as Exhibit "28" to the Plaintiff’s Notice of Lodgment of Evidence in
4 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
5 000018-22.
6 31. Attached as Exhibit "29" to the Plaintiff’s Notice of Lodgment of Evidence in
7 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
8 000174-178.
9 32. Attached as Exhibit "30" to the Plaintiff’s Notice of Lodgment of Evidence in
10 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
11 000179-182.
MANLY STEWART FINALDI
12 33. Attached as Exhibit "31" to the Plaintiff’s Notice of Lodgment of Evidence in
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
Irvine, California 92612
14 000184-191.
15 34. Attached as Exhibit "32" to the Plaintiff’s Notice of Lodgment of Evidence in
16 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
17 000207-211.
18 35. Attached as Exhibit "33" to the Plaintiff’s Notice of Lodgment of Evidence in
19 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
20 000212-218.
21 36. Attached as Exhibit "34" to the Plaintiff’s Notice of Lodgment of Evidence in
22 Support of the MSJ is a true and correct copy of the deposition of Ricky Nguyen, taken July 26,
23 2023. This deposition includes discussion of documents received after entry of the Stipulated
24 Protective Order in this matter, and further contains the names and other identifying information of
25 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently
26 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
27 37. Attached as Exhibit "35" to the Plaintiff’s Notice of Lodgment of Evidence in
28 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
7
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 000237-238.
2 38. Attached as Exhibit "36" to the Plaintiff’s Notice of Lodgment of Evidence in
3 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
4 000158-259.
5 39. Attached as Exhibit "37" to the Plaintiff’s Notice of Lodgment of Evidence in
6 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
7 000030-32.
8 40. Attached as Exhibit "38" to the Plaintiff’s Notice of Lodgment of Evidence in
9 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
10 000167.
11 41. Attached as Exhibit "39" to the Plaintiff’s Notice of Lodgment of Evidence in
MANLY STEWART FINALDI
12 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 000164.
Irvine, California 92612
14 42. Attached as Exhibit "40" to the Plaintiff’s Notice of Lodgment of Evidence in
15 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
16 000023-27.
17 43. Attached as Exhibit "41" to the Plaintiff’s Notice of Lodgment of Evidence in
18 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC-
19 000028-29.
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1 JOHN C. MANLY (State Bar No. 149080) jmanly@manlystewart.com 2 VINCE W. FINALDI, Esq. (State Bar No. 238279) vfinaldi@manlystewart.com 3 ALEX E. CUNNY, Esq. (State Bar No. 291567) acunny@manlystewart.com 4 COURTNEY P. PENDRY (State Bar No. 327382) cpendry@manlystewart.com 5 MANLY STEWART FINALDI 19100 Von Karman Avenue, Suite 800 6 Irvine, California 92612 Telephone: (949) 252-9990 7 Facsimile: (949) 252-9991 8 Attorneys for Plaintiff, Jane BE Doe 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF MONTEREY 11 MANLY STEWART FINALDI 12 JANE BE DOE, Case No. 21CV000805 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Plaintiff, DECLARATION OF COURTNEY P. Irvine, California 92612 PENDRY IN SUPPORT OF PLAINTIFF’S 14 v. OPPOSITION TO DEFENDANT BOYS AND GIRLS CLUBS MOTION FOR 15 BIG BROTHERS BIG SISTERS OF SUMMARY JUDGMENT AMERICA, a California corporation; BIG 16 BROTHERS BIG SISTERS OF MONTEREY [Filed concurrently with Notice of Opposition , COUNTY, a California corporation; BOYS & Memorandum of Points and Authorities; 17 GIRLS CLUBS OF MONTEREY COUNTY, Plaintiff's Compendium of Evidence; Separate a California corporation; JON DAVID Statement of Disputed and Undisputed 18 WOODY, an individual; and DOES 1-50, inclusive, Material Facts; Evidentiary Objections; Notice 19 Defendant. of Lodgment of Conditionally Sealed Evidence; Motion to Seal Records and Request 20 for Judicial Notice] 21 Hearing Date: September 8, 2023 Time: 8:30 am 22 23 Judge: Thomas W. Wills Dept.: 15 24 Action Filed: March 12, 2021 25 FAC Filed: December 13, 2021 Trial Date: January 24, 2024 26 27 28 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 DECLARATION OF COURTNEY P. PENDRY, ESQ. 2 I, Courtney P. Pendry, Esq. declare as follows: 3 1. I am an attorney with Manly Stewart Finaldi, attorneys of record for Plaintiff, JANE 4 BE DOE (“Plaintiff”), an individual. I have personal knowledge of the facts set forth herein. If 5 called as a witness, I could and would competently testify to the matters stated herein. 6 2. This declaration is made in support of Opposition to Defendant Boys and Girls Clubs 7 of Monterey County’s (“BGC”) Motion for Summary Judgment ("MSJ"). 8 3. Attached as Exhibit "1" to the Plaintiff’s Notice of Lodgment of Evidence in Support 9 of the MSJ is a true and correct copy of the relevant portions of Plaintiff’s responses to Form 10 Interrogatories, Set One. The name of the Plaintiff has been redacted subject to the Plaintiff’s 11 privacy rights to remain a “Jane Doe.” MANLY STEWART FINALDI 12 4. Attached as Exhibit "2" to the Plaintiff’s Notice of Lodgment of Evidence in Support 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000318. This Irvine, California 92612 14 document was produced after entry of the Stipulated Protective Order in this matter, and is subject 15 to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed” evidence that has 16 been lodged herewith. 17 5. Attached as Exhibit "3" to the Plaintiff’s Notice of Lodgment of Evidence in Support 18 of the MSJ is a true and correct copy of documents previously bates stamped BBBSA-000304. This 19 document was produced after entry of the Stipulated Protective Order in this matter, and is subject 20 to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed” evidence that has 21 been lodged herewith. 22 6. Attached as Exhibit "4" to the Plaintiff’s Notice of Lodgment of Evidence in Support 23 of the MSJ is a true and correct copy of the deposition of Marc Russo, taken June 30, 2023. This 24 deposition includes discussion of documents received after entry of the Stipulated Protective Order 25 in this matter, and further contains the names and other identifying information of other alleged 26 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to 27 the “Conditionally Sealed” evidence that has been lodged herewith. 28 7. Attached as Exhibit "5" to the Plaintiff’s Notice of Lodgment of Evidence in Support 2 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 of the MSJ is a true and correct copy of the deposition of Phil Wilhelm, taken July 14, 2023. This 2 deposition includes discussion of documents received after entry of the Stipulated Protective Order 3 in this matter, and further contains the names and other identifying information of other alleged 4 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to 5 the “Conditionally Sealed” evidence that has been lodged herewith. 6 8. Attached as Exhibit "6" to the Plaintiff’s Notice of Lodgment of Evidence in Support 7 of the MSJ is a true and correct copy of the deposition of Brenda Roncarati, taken July 20, 2023. 8 This deposition includes discussion of documents received after entry of the Stipulated Protective 9 Order in this matter, and further contains the names and other identifying information of other 10 alleged victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, 11 as to the “Conditionally Sealed” evidence that has been lodged herewith. MANLY STEWART FINALDI 12 9. Attached as Exhibit "7" to the Plaintiff’s Notice of Lodgment of Evidence in Support 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 of the MSJ is a true and correct copy of the deposition of Peter Baird, taken July 6, 2023 and July Irvine, California 92612 14 21, 2023. This deposition includes discussion of documents received after entry of the Stipulated 15 Protective Order in this matter, and further contains the names and other identifying information of 16 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently 17 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 18 10. Attached as Exhibit "8" to the Plaintiff’s Notice of Lodgment of Evidence in Support 19 of the MSJ is a true and correct copy of a Certified Copy of BBBSMC’s Certificate of Dissolution 20 filed with the State of California Secretary of State on February 17, 2011. Judicial notice is requested 21 to be taken of this document, pursuant to the Request for Judicial Notice filed concurrently herewith. 22 11. Attached as Exhibit "9" to the Plaintiff’s Notice of Lodgment of Evidence in Support 23 of the MSJ is a true and correct copy of the deposition of Matthew Ottone, taken July 12, 2023. This 24 deposition includes discussion of documents received after entry of the Stipulated Protective Order 25 in this matter, and further contains the names and other identifying information of other alleged 26 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to 27 the “Conditionally Sealed” evidence that has been lodged herewith. 28 12. Attached as Exhibit "10" to the Plaintiff’s Notice of Lodgment of Evidence in 3 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 2 000001-12. 3 13. Attached as Exhibit "11" to the Plaintiff’s Notice of Lodgment of Evidence in 4 Support of the MSJ is a true and correct copy of the deposition of Donna Ferraro, taken July 10, 5 2023. This deposition includes discussion of documents received after entry of the Stipulated 6 Protective Order in this matter, and further contains the names and other identifying information of 7 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently 8 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 9 14. Attached as Exhibit "12" to the Plaintiff’s Notice of Lodgment of Evidence in 10 Support of the MSJ is a true and correct copy of the deposition of Cynthia Peck, taken June 29, 11 2023. This deposition includes discussion of documents received after entry of the Stipulated MANLY STEWART FINALDI 12 Protective Order in this matter, and further contains the names and other identifying information of 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently Irvine, California 92612 14 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 15 15. Attached as Exhibit "13" to the Plaintiff’s Notice of Lodgment of Evidence in 16 Support of the MSJ is a true and correct copy of the deposition of BGC’s Person Most Qualified Re: 17 Merger, Acquisition, and/or Partnership with BBBSMC, Tom Gray, taken November 3, 2022. This 18 deposition includes discussion of documents received after entry of the Stipulated Protective Order 19 in this matter, and further contains the names and other identifying information of other alleged 20 victims of Woody and therefore is subject to the sealing motion filed concurrently herewith, as to 21 the “Conditionally Sealed” evidence that has been lodged herewith. 22 16. Attached as Exhibit "14" to the Plaintiff’s Notice of Lodgment of Evidence in 23 Support of the MSJ is a true and correct copy of the deposition of Margaret Schulte, taken July 25, 24 2023. This deposition includes discussion of documents received after entry of the Stipulated 25 Protective Order in this matter, and further contains the names and other identifying information of 26 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently 27 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 28 17. Attached as Exhibit "15" to the Plaintiff’s Notice of Lodgment of Evidence in 4 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 Support of the MSJ is a true and correct copy of documents previously bates stamped BBBSA- 2 000290. This document was produced after entry of the Stipulated Protective Order in this matter, 3 and is subject to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed” 4 evidence that has been lodged herewith. 5 18. Attached as Exhibit "16" to the Plaintiff’s Notice of Lodgment of Evidence in 6 Support of the MSJ is a true and correct copy of documents previously bates stamped BBBSA- 7 000331-362. This document was produced after entry of the Stipulated Protective Order in this 8 matter, and is subject to the sealing motion filed concurrently herewith, as to the “Conditionally 9 Sealed” evidence that has been lodged herewith. 10 19. Attached as Exhibit "17" to the Plaintiff’s Notice of Lodgment of Evidence in 11 Support of the MSJ is a true and correct copy of documents previously bates stamped BBBSA- MANLY STEWART FINALDI 12 000305. This document was produced after entry of the Stipulated Protective Order in this matter, 19100 Von Karman Avenue, Suite 800 13 and is subject to the sealing motion filed concurrently herewith, as to the “Conditionally Sealed” Telephone (949) 252-9990 Irvine, California 92612 14 evidence that has been lodged herewith. 15 20. Attached as Exhibit "18" to the Plaintiff’s Notice of Lodgment of Evidence in 16 Support of the MSJ is a true and correct copy of relevant portions of the police report produced by 17 the Monterey County Sherriff's Department, including the police report of Jane Doe 2. This report 18 was produced by the Monterey County Sherriff's Department after receiving the Stipulated 19 Protective Order in this matter and contains the names and identifying information of other victims 20 of Woody and is therefore filed conditionally under seal. 21 21. Attached as Exhibit “19” to the Plaintiff’s Notice of Lodgment of Evidence in 22 Support of the MSJ is a true and correct copy of the Court of Appeals decision in in the People v. 23 Woody Case No. H037191. Judicial Notice of this document is sought pursuant to the concurrently 24 filed Request for Judicial Notice, pursuant to Evidence Code §451,452.5, and 453. This case is an 25 unpublished opinion, however, in accordance with California Rules of Court, rule 8.1115(a), 26 Plaintiff does not rely upon any portion of this opinion or legal authority cited therein, and merely 27 cites to the factual recitation contained therein. 28 22. Attached as Exhibit "20" to the Plaintiff’s Notice of Lodgment of Evidence in 5 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 Support of the MSJ is a true and correct copy of the deposition of Jon David Woody, taken August 2 1, 2023. This deposition includes discussion of documents received after entry of the Stipulated 3 Protective Order in this matter, and further contains the names and other identifying information of 4 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently 5 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 6 23. Attached as Exhibit "21" to the Plaintiff’s Notice of Lodgment of Evidence in 7 Support of the MSJ is a true and correct copy of the relevant portions of Plaintiff’s responses to 8 Special Interrogatories, Set One. 9 24. Attached as Exhibit “22” to the Plaintiff’s Notice of Lodgment of Evidence in 10 Support of the MSJ is a true and correct copy of the Monterey Harold article entitled “Prunedale 11 man found guilty on molestation charges” published December 1, 2010. Judicial notice is requested MANLY STEWART FINALDI 12 to be taken of this document, pursuant to the Request for Judicial Notice filed concurrently herewith. 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 This document was retrieved from the following website by my office on July 31, 2023: Irvine, California 92612 14 https://www.montereyherald.com/2010/12/01/prunedale-man-found-guilty-on-molestation- 15 charges/ 16 25. Attached as Exhibit "23" to the Plaintiff’s Notice of Lodgment of Evidence in 17 Support of the MSJ is a true and correct copy of documents produced in connection with the 18 Deposition of Matthew Ottone, and bates stamped Ottone-0001-103. 19 26. Attached as Exhibit "24" to the Plaintiff’s Notice of Lodgment of Evidence in 20 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 21 000158-159. 22 27. Attached as Exhibit "25" to the Plaintiff’s Notice of Lodgment of Evidence in 23 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 24 000013-017. 25 28. Attached as Exhibit "26" to the Plaintiff’s Notice of Lodgment of Evidence in 26 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 27 000219-222. 28 29. Attached as Exhibit "27" to the Plaintiff’s Notice of Lodgment of Evidence in 6 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 2 000224-227. 3 30. Attached as Exhibit "28" to the Plaintiff’s Notice of Lodgment of Evidence in 4 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 5 000018-22. 6 31. Attached as Exhibit "29" to the Plaintiff’s Notice of Lodgment of Evidence in 7 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 8 000174-178. 9 32. Attached as Exhibit "30" to the Plaintiff’s Notice of Lodgment of Evidence in 10 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 11 000179-182. MANLY STEWART FINALDI 12 33. Attached as Exhibit "31" to the Plaintiff’s Notice of Lodgment of Evidence in 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- Irvine, California 92612 14 000184-191. 15 34. Attached as Exhibit "32" to the Plaintiff’s Notice of Lodgment of Evidence in 16 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 17 000207-211. 18 35. Attached as Exhibit "33" to the Plaintiff’s Notice of Lodgment of Evidence in 19 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 20 000212-218. 21 36. Attached as Exhibit "34" to the Plaintiff’s Notice of Lodgment of Evidence in 22 Support of the MSJ is a true and correct copy of the deposition of Ricky Nguyen, taken July 26, 23 2023. This deposition includes discussion of documents received after entry of the Stipulated 24 Protective Order in this matter, and further contains the names and other identifying information of 25 other alleged victims of Woody and therefore is subject to the sealing motion filed concurrently 26 herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 27 37. Attached as Exhibit "35" to the Plaintiff’s Notice of Lodgment of Evidence in 28 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 7 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 000237-238. 2 38. Attached as Exhibit "36" to the Plaintiff’s Notice of Lodgment of Evidence in 3 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 4 000158-259. 5 39. Attached as Exhibit "37" to the Plaintiff’s Notice of Lodgment of Evidence in 6 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 7 000030-32. 8 40. Attached as Exhibit "38" to the Plaintiff’s Notice of Lodgment of Evidence in 9 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 10 000167. 11 41. Attached as Exhibit "39" to the Plaintiff’s Notice of Lodgment of Evidence in MANLY STEWART FINALDI 12 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 000164. Irvine, California 92612 14 42. Attached as Exhibit "40" to the Plaintiff’s Notice of Lodgment of Evidence in 15 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 16 000023-27. 17 43. Attached as Exhibit "41" to the Plaintiff’s Notice of Lodgment of Evidence in 18 Support of the MSJ is a true and correct copy of documents previously bates stamped BGCMC- 19 000028-29.