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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 PLAINTIFF
VARSITY TUTORS LLC, ALEXANDER CHARLES
OPPOSITION TO DEFENDANT
Defendant. VARSITY TUTORS’ MOTION FOR
SUMMARYJUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY
ADJUDICATIONOF ISSUES
Honorable Theodore C. Zayner
ate: October 18, 2023
: 1:30 p.m.
Dept.: 19
Trial date: May 13, 2024
DECLARATION OF STEVEN M. TINDALL IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANT VARSITY TUTORS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES
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 Opposition to Defendant’s otion
for SummaryJudgment, or in the Alternative, SummaryAdjudication.
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 Plaintiff and 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.
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 onSeptember 13, 2023, at Oakland, California.
Steven M. Tindall
DECLARATION OF STEVEN M. TINDALL IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANT VARSITY TUTORS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE
ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES
EXHIBIT 3
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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 PLAINTIFF VARSITY TUTORS LLC, ALEXANDER CHARLES OPPOSITION TO DEFENDANT Defendant. VARSITY TUTORS’ MOTION FOR SUMMARYJUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATIONOF ISSUES Honorable Theodore C. Zayner ate: October 18, 2023 : 1:30 p.m. Dept.: 19 Trial date: May 13, 2024 DECLARATION OF STEVEN M. TINDALL IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT VARSITY TUTORS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES 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 Opposition to Defendant’s otion for SummaryJudgment, or in the Alternative, SummaryAdjudication. 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 Plaintiff and 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. 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 onSeptember 13, 2023, at Oakland, California. Steven M. Tindall DECLARATION OF STEVEN M. TINDALL IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT VARSITY TUTORS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES 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. 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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. 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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! 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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