Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
02/15/2022 at 03:44:20 PM
McCormick, Barstow, Sheppard,
By: Laurel L Sanders
Wayte & Carruth LLP
Deputy Clerk
Ben Nicholson, #239893
ben.nicholson@mccormickbarstow.com
Alex N. Newsum, #312344
alex.newsum@mccormickbarstow.com
7647 North Fresno Street
Fresno, California 93720
Telephone: (559) 433-1300
Facsimile: (559) 433-2300
Attorneys for Plaintiff/Cross-Defendant
SHERRY LARSEN, individually and dba
CALIFORNIA STATE ENTERPRISES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
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SHERRY LARSEN, individually and dba Case No. S-CV-0045659
12 CALIFORNIA STATE ENTERPRISES, ,
13 Plaintiff,
PLAINTIFF’S STATEMENT OF
14 v. EVIDENCE IN OPPOSITION TO
DEFENDANT’S MOTION FOR
15 PLACER VALLEY SPORTS COMPLEX, SUMMARY ADJUDICATION
INC. dba @the Grounds, a California
16 Corporation; and DOES 1-10,,
Date: March 1, 2022
17 Defendant. Time: 8:30 a.m.
Dept.: 40
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AND RELATED CROSS-ACTIONS
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Pursuant to California Rules of Court, Rule 3.1350(e), Plaintiff, SHERRY LARSEN,
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individually and dba CALIFORNIA STATE ENTERPRISES (‘Plaintiff’) and hereby submits the
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following Statement of Evidence in Opposition to Defendant’s PLACER VALLEY SPORTS
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COMPLEX, INC. dba @the Grounds (“Defendant”) Motion for Summary Adjudication.
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McCORMICK, BARSTOW,
SHEPPARD, WAYTE &
‘CARRUTH LLP PLAINTIFF’S STATEMENT OF EVIDENCE IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY
7647 NORTH FRESNO STREET
FRESNO, cA‘a720 ADJUDICATION
EXHIBIT DESCRIPTION OF EVIDENCE
A Plaintiff's January 20, 2021 Verified Responses to Form Interrogatories, Set
One, Form Interrogatory No. 17.1
Relevant portions of the transcript from the deposition of Cheryl Goldfarb as
the Person Most Knowledgeable of Defendant, Placer County Sports
Complex, Inc., taken on January 10, 2022, in the above-entitled matter
Relevant portions of the transcript from the deposition of David Attaway as
the Person Most Knowledgeable of Defendant, Placer County Sports
Complex, Inc., taken on January 10, 2022, in the above-entitled matter
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Dated: February 15, 2022 McCORMICK, BARSTOW, SHEPPARD,
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WAYTE & CARRUTH LLP
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By: fh
16 Ben Nicholson
Alex N. Newsum
17 Attorneys for Plaintiff/Cross-Defendant SHERRY
LARSEN, individually and dba CALIFORNIA STATE
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ENTERPRISES
19 039274-000000 8152794.1
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McCoRMIck, BARSTOW, 2
‘SHEPPARD, WAYTE
‘CARRUTH LLP PLAINTIFF’S STATEMENT OF EVIDENCE IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY
7847 NORTH FRESNO STREET
FRESNO, cAS720 ADJUDICATION
EXHIBIT A
() the amount; and
@) the name, ADDRESS, and telephone number of each PERSON to whom an
obligation was incurred.
RESPONSE TO FORM INTERROGATORY NO. 9.1:
Objection. This request seeks the premature disclosure of expert witness opinions. Further
objection is made on the grounds that the term “INCIDENT” is vague and ambiguous in the context
of this interrogatory.
Yes, including, without limitation, the foregoing:
1 Attorney fees pursuant to the contract between the parties and pursuant to
10 California law. Amount to be ascertained and provided at the appropriate time.
11 2. Loss of profit in an amount to be determined.
12 3 Loss of Goodwill in an amount to be determined
13 FORM INTERROGATORY NO. 17.1
14 Is your response to each request for admission served with these interrogatories an
15 unqualified admission? If not, for each response that is not an unqualified admission
16 (@) state the number of the request:
17 (b) state all facts upon which you base your response;
18 © state the names, ADDRESSES, and telephone numbers of all PERSONS who have
19 knowledge of those facts; and
20 @) identify all DOCUMENTS and other tangible things that support your response and
21 state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT
22 or thing.
23 RESPONSE TO FORM INTERROGATORY NO. 17.1:
24 (a) RFA No. 1, 3
(b) Contract is ambiguous and contains both Feb. 1 and Feb. 28 as dates which
25 installment is due. Further, the request speaks of an “obligation” pursuant to the License
26 but whether a legal obligation exists cannot be discerned from the terms of a contract read
in isolation and without regard to the actual events. In this case, a Force Majeure clause
27 was included in the andw: ered by the onset of the COVID-19 pandemic.
Further,D fendan ce on the installment provision and is barred
28 from claiming presen by operation of estoppel due to Defendant’s language and conduct
MCCORMICK, BARSTOW,
‘SHEPPARD, WAYTE &
‘CARRUTH LLP 5
ee WORTH FRESNO BTREET RESPONSE TO FORM INTERROGATORIES (SET ONE).
FRESNO, cACTIO
which Plaintiff from performing.
(©) ose currently known to the responding party include:
. Cheryl Goldfarb, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916)
701-8181,
David Attaway, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916)
701-8181,
Dina Miller, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916) 701-
8181
Dustin Cleaver, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916)
701-8181,cell 661.210.8330
Counsel for the parties.
Dr. Aimee Sisson, Placer County Public Health Officer
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11 Todd Leopold, Placer County Chief Executive Officer
Bonnie Gore, Placer County Supervisor, District 1
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13 Robert Weygandt, Placer County Supervisor, District 2
Jim Holmes, Placer County Supervisor, District 3
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Kirk Ubler, Placer County Supervisor, District 4
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e Cindy Gustafson, Placer County Supervisor, District 5
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° Karin Schwab, County Counsel, Placer County
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d The “Facility License,” e-mails between the parties produced concurrently
18 herewith, EMAIL from Dr. Aimee Sisson, July 1, 2020, CDPH Guidance Shopping Center,
May 12, 2020, various government declarations/orders produced concurrently herewith and
19 equally available to propounding party, including:
20 e January 31, 2020, United States Health and Human Services Secretary Alex
M. Azar II declaration of a public health emergency for the United States
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Placer County Proclamation Of Local Emergency, March 3, 2020
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Placer County Declarations of Local Health Emergency, March 3, 2020
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Governor Newsom’s Proclamation of State of Emergency, March 4, 2020
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California Department of Health Guidance for Mass Gatherings, March 7,
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26 Placer County Board of Supervisors Declaration of Local Health Emergency,
March 9, 2020
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Video of Placer Count Board of Supervisors Declaration of Local Health
28 Emergency, March 9, 2020 with Dr. Sisson’s specification that a gathering
McCormick,
‘SHEPPARD, WAYTE &
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761 WORTH FRESNO STREET RESPONSE TO FORM INTERROGATORIES (SET ONE)
mean, C4072
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF FRESNO
Ihave read the foregoing RESPONSE TO FORM INTERROGATORIES (SET ONE), and
know its contents.
Tam a party to this action and am authorized to make this verification for and on its behalf.
The matters stated in the foregoing document are true of my own knowledge except as to those
matters which are stated on information and belief, and as to those matters I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
WA
Executed on January 20, 2020, at Fresno, California.
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1 Sherry Larsen Showa C Labi.
Print Name of Signatory Signature
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039274-000000 7356610.1
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Srerearo: Warts8
ar NOTH FRESNO BTRECT
REENO, CABSTIO
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 7647 North Fresno
Street, Fresno, CA 93720.
On January 20, 2021, I served true copies of the following document(s) described as
RESPONSE TO FORM INTERROGATORIES (SET ONE) on the interested parties in this
action as follows:
Robert F. Sinclair
SINCLAIR WILSON BALDO &
CHAMBERLAIN
2390 Professional Drive
Roseville, CA 95661
Tel: 916-783-5281
10 Fax: 916-783-5232
E-mail: rsinclair@swbclaw.com
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Attorneys for Defendant/Cross-Complainant
12 PLACER VALLEY SPORTS COMPLEX,
INC. dba @the Grounds
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BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
14 persons at the addresses listed in the Service List and placed the envelope for collection and mailing,
following our ordinary business practices. I am readily familiar with this business’s practice for
15 collecting and processing correspondence for mailing. On the same day that the correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
16 States Postal Service, in a sealed envelope with postage fully prepaid.
17 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
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Executed on January 20, 2021, at Fresno, California
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21 Laat D. Gonz}les_)v7
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MCCORMICK, BARSTOW,
‘SHEPPARD, WAYTE &
‘CARRUTH LLP 15
‘70a woRTH FRESNO STREET
FRESNO, CATO RESPONSE TO FORM INTERROGATORIES (SET ONE)
EXHIBIT B
Deposition of Cheryl Goldfarb 1/10/2022
--000--
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
SHERRY LARSEN, individually and dba
CALIFORNIA STATE ENTERPRISES, )
)No. S-CV-0045659
Plaintiff, )
)
vs. )
PLACER VALLEY SPORTS COMPLEX, INC.,
dba @the Grounds, a California
Corporation; and DOES 1-10,
10
Defendant.
at
AND RELATED CROSS-ACTIONS.
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14 DEPOSITION OF CHERYL GOLDFARB
aS Monday, January 10, 2022
16 1238 p.m.
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20 Taken in the offices of:
California Deposition Reporters
27 2453 Grand Canal Boulevard, Suite J
Stockton, CA 95207
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REPORTED BY: VICKI JELLEY, CSR NO. 11067
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CALDEP
WWW.CALDEP.COM
1()
Deposition of Cheryl Goldfarb 1/10/2022
AL No. Just as a shopper. center, I am referring to the event center @the Grounds
Shopper? currently licensed - licenses because I believe it's
Uh-huh. on Event Center Drive, or something like that, Road.
There were vendors at that show? A. The facility's name is the Roebbelen Center, and
Correct, yes. it is on @the Grounds’ property, our facility.
Were there demonstrations? @. If it's convenient for you, I can call it
Not that I specifically recall. Roebbelen Center.
Did you just go one day? A. Either way is fine, but I wanted to clarify since
aA Just one day, yes. we were talking about both facilities.
10 Q. Was there any live music or entertainment? }10 Q. Did she tour the Roebbelen Center?
al AL Not that I recall. }11 A. Yes, she did.
12 a. Are you able to estimate for me about how many }12 Q. Do you recall when that was?
13 people were in attendance when you went? }13 A. I don't remember specifically. It was shortly
14 AL I don't think I can make a good educated guess.
15 I'm sorry.
16 Q Okay. But you went in 2003, but you didn't meet
17 Miss Larsen at that time?
18 A. No, not that I know of. She could have been in
19 the crowd, but not that I know of.
20 Q. Okay. How did this - the facility license
21 agreement at issue in this case come about? Did you
22 approach Miss Larsen at some point?
23 aA No. She called me. ‘Ispecifically
don't remember. Quite often I
24 e. Do you recall when that was? }24 would bring operations crew with me. I don't know if I
25 A T can give you an estimate. It was probably y
age 14 Page 16
spring of 2019, spring to early summer, someplace in ‘1. And you guys discussed her show during that tour,
there.
Q What was the essence of that conversation, if you oy Yess
recall? 4. Do you recall discussing using -- let me back up.
A. She called to get information about the facility
for the show, told me about her show, and at that
point, I let her know that I was familiar with the show ‘7A. Yes, there are.
because I had worked with her before. 8 Q. And rooms that can be used for seminars and
Q You had worked with her before at the McClellan
10 Conference Center? J10 A. Yes, there are some smaller rooms, yes.
l. A. Correct. 11 Q. And do you recall discussing with Miss Larsen
12 Q Did you actually make an agreement with her when
13 you were still there at the McClellan?
14 aA. There was no finalized agreement while I was }14 A. We talked about a lot of different options. I
15 there.
16 Q. You were just negotiating with her at that time?
17 This is prior this is in your prior job.
18 A There was a draft agreement that we were working jas
19 on, but that facility had issues with the fire marshal
20 that precluded it being finished while I was there. }20 Q. Do you recall discussing utilizing those smaller
21 Q Okay. Did Miss Larsen tour the event center }21 rooms?
22 facility at some point? 220ay Yes
23 A. Are you talking about the current one or 23 2. Okay. At some point, you sent a draft version of
24 McClellan? 24 the facility license agreement to Miss Larsen, right?
25 Q Yeah. That's a good point. When I say, event 25 A. Yes.
Page 15 Page 17
CALDEP
WWW.CALDEP.COM
5 (14-17)
Deposition of Cheryl Goldfarb /10/2022
what's been premarked as Exhibit 4.
2Q. =~coordinate?
(Exhibit 4 marked for identification.) 3 And it appears you're providing dates for
‘4 potentially when the show could be hold -- held?
MR. NEWSUM: Q. I have taken the liberty of (5Excuse me.
paginating this 1 through 15.
AL Okay. 79. Okay. Let's go to Page 3. This is dated --
@. Do you see that? 8 well, and, actually, you can see it starts at the
A Yes. bottom of Page 2
10Q On Page 1, there is an e-mail from you to 10 Ma Uh-huh.
ilMiss Larsen dated April 3rd, 2020. Do you see that? ql @. And then it's an e-mail from you to Miss Larsen
12A Yes. 12 dated April 27, 2020. Do you see that?
13Q It says, Sherry. Hope that you are doing 13 A. Yes
14well in all this craziness. I wanted to check in and 14 Q. Do you recall sending this e-mail?
15see how everything is going for you. I now" “1 15 AL Yes, I do.
16assume that's supposed to be, “know that planning must 16 Q. And the second paragraph, it starts, "I would
17be more difficult since everything is shut down, but I 17 agree that having the State Fair cancel is a concerning
18wanted to see how you are doing.” 18 indicator of what is to comes however, ours is still on
19A. Uh-huh. 19 now. We will be making a final decision by tomorrow,
20Q. Do you recall sending that e-mail? 20 and I expect that we will have to cancel." Do you see
21A. Yes. 21 that?
22a. And was this just a check-in? 22 A. Yes.
23AL Yes. 23 @. You were referring to Miss Larsen's show?
24° Do you know whether at the time anyone from @the24 A. No.
25 rounds had brought up the payments under the agreement25 Q. What were you referring to?
Page 38 Page 40
to Miss Larsen? AL Our fair.
A. I don't know. a. When was that supposed to be held?
Q. You did not, right? A In June.
A. I did not, no. Q Was that, in fact, cancelled?
Q. Go ahead and go to Page 2. A It was modified. We did an on-line auction, so
MR. SINCLAIR: one thing, are these all in a the in-person part was cancelled. We did an on-line
single transmittal like a string so that -- or are they animal auction.
an assimilation of different -- Q But nobody showed up at the event center
MR. NEWSUM: I think it's an assimilation property?
10 MR. SINCLAIR: Okay. That makes a difference. 10 A. I believe the animals did, yes --
ql I'll let you continue to ask questions. a oe. People --
‘MR. NEWSUM: Q. Well, okay. On Page 2, there's 12 A. -- and the people that were showing them.
13 a. Were people who wanted t purchase tickets and
}14 2020. Do you see that? 14 attend, were they able to attend in person?
JUSvAs Yess 15 A. No.
]16 Q. Do you recall sending this e-mail? 16 Q Now, do you recall -- when you say, “We will be
ITAL Xess 17 making a nal decision," were you referring to the
}18 Q. And the first sentence says, “The team today" -- 18 team you described to me earlier meaning you,
}19 excuse me. “The team met today, and here is what we 19 Mr. Attaway, Mr. Sandoval, if you recall?
20 A. There were a few other people that are on the
21 Fair Committee, but yes.
22 a. But those other people, they weren't involved in
\23. A. Correct. 23 the making decisions on my clie: s home and garden
24. 24 show?
A No.
Page 39 Page 41
CALDEP
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Deposition of Cheryl Goldfarb 1/10/2022
Q. If you look at the third paragraph, it says, “We 1 aA Yes. It was dates for a January show.
are meeting as a team tomorrow, and I will look at new 2 Q And this was in the event that the August, 2020
dates if you are required to postpone. However, we show was postponed?
truly feel like things will be open to events in A. No.
August. We have not made the move to cancel events Q. Is this for a separate show?
that far out." Do you see that? AL That was for the winter show.
A Yes, I do. Q Okay. And now we're at May 6, 2020, correct?
Q So at this point, you were willing to look at new That's what it says?
dates if my client was going to postpone; is that A Yes.
10 correct, if she was -- 10 Q. At this point, do you know whether anybody at
ll MR. SINCLAIR: Objection. That's not what it 1 @the Grounds had brought up the missing payments?
12 says. Misstates the document. 12 AL I don't have any personal knowledge of it, no
13 MR. NEWSUM: Q. Well, go ahead. 13 a. Go to Page 6, please. This is a yeah, I
14 A. If she was required to cancel, not if she was 14 believe this is a chain. This was earlier, this April
15 choosing to postpone. 15 30, 2020 e-mail that you sent to Miss Larsen. Do you
16 Q. Meaning if, under the Covid-related order, she 16 see that?
7 couldn't hold her show, then you would provide new 17 A. Yes.
18 dates? 18 Q Was that also referencing the winter show?
19 A I said I would look at them if it was possible, 19 AL yes.
20 yes. 20 @. So at this point, you were still trying to
21 @ Now, this is -- you say, “We could look at 21 negotiate a date for that winter show for her, correct?
22 expanding you to the whole space and allow for social 22 AL Yes, I was.
23 distancing. That's what you were referring to 123Q. Okay. Can you go to Page 7. You see near the
24 earlier?
25 AL Yes.
Page 42 Page 44
Q. If you can go to Page 4 for me, please.
A. Uh-huh.
Q. There's an April 27, 2020 e-mail from Sherry
Larsen to you, right?
A Yes.
a Do you recall receiving this e-mail?
A. Yes.
@ And, n fact, if you recall, the e-mail on Page 3
was in response to that -- to the e-mail on Page 4? Do 9 ‘That team referring to the -- the people
10 you recall? }10 you indicated earlier? You, Mr. Attaway, Mr. Sandoval,
ql A. I don't recall the order that they came, but I do }11 and Carrie -- I don't recall her last name.
12 remember the e-mail. JI2A. Yess
13 a. Okay. Turn to Page 5 F me 13 Q. Do you recall that meeting that's referenced
14 A Uh-huh. 14 here?
15 Q At the top, there's an e-mail from you to 15 A. Not specifically, no.
16 Miss Larsen dated May 6, 2020, correct? 16 Q. Do you recall if anybody at that meeting brought
17 A. Yes. 17 up Miss Larsen's missed payments?
18 6Q. Do you recall sending this? 18 AL I do not recall a specific conversation about it.
19 Be Yes. 19 I don't think we had found them yet.
20 @ Are you referring to - well, it says, =r took 20 a. This is a chain, so some of the e-mails, we
21 another look, and that was the only date that I had 21 already went over, so can you please go to Page 11.
22 that did not fall under one of your exclusions and had 22 This is an e-mail from you to Miss Larsen dated May
23 the entire time period that you have in your contract. 23 27th, 2020, right?
24 Do you recall here what you were referring 24 a. Okay, yes.
25 to? Q. Do you see that?
Page 43 Page 45
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Deposition of Cheryl Goldfarb 1/10/2022
A. The page is pretty much blank on the eleventh 1 a. And you say, “That event is approved under the
page except that on top, yes. clause that allows swap meets and will be held in the
a. This is exactly what it looked like to me. Do event center so it can be socially distanced," and when
you recall this at all? Do you? you say, “under the clause," this is, again, under the
A. No. state's guidance?
@. Do you recall receiving a message on May 27th A. Correct
from Sherry with the subject line, “Please update me" Q. Do you recall whether swap meets was defined or
A. I don't specifically recall that e-mail or there was any clarity on that?
message at all. aA. There was no definition in the state guidance as
10 Q. Okay. Go to Page 12, please. 10 to what was a swap meet.
ul A. Uh-huh. 1. a. Did you make that determination when you say the
}12 Q. ‘The top, there's an e-mail to Sherry Larsen from 12 event was approved or was it somebody else?
}13 you dated June 9th, 2020. Do you see that? 13 A. It was approved by -- bad wording, but it was
14a, Yess 14 approved by our team. It fit the guidelines.
}15 Q. And the first sentence says, “With all the recent is Q. So by Mr. Attaway, by you, by Mr. Sandoval?
16 A. Correct.
}17 your event." Do you see that? 117 Q. And then the last sentence, "I have reached out
}18 A. Uh-huh, yes. Sorry.
119 Q. And do you recall having looked at the guidance |19 expect to know by the end of the week." Do you see
}21 A. ‘I looked at the guidance pretty much every day, 20a Yess
122 Q. Do you recall who at Public Health you reached
}23 Q. | When you say, recent changes, were you referring
}24 A. I do not actually remember reaching out to Public
|25a, Yess }25 Health. I had intended to say I will reach out to
Page 48
Page 46
‘1Q. And at that point, you were not sure whether
‘3A. I didn't know for a fact that she would be able 3 guidance. The guidance did not say that we had to have
‘4 to. My wording in here may have been bad because when
5 Q. When you say, “I have reached out to Public
‘7A. I did not reach out to Public Health, no.
8 Q. So then obviously, you didn't actually get any
}100. Okay. But you weren't sure one way or the other, |10 you never reached out?
J11 A. Correct.
J12 A. ‘Ipositively,
didn't know no. |12 @. Do you know why you said you have reached out in
]13 Q. The next paragraph says, "We have approved events |13 this e-mail?
}14 similar to yours here July 3 and 4 for the Rock Rollers |14 A. To my recollection, it was bad wording, and I
}15 gem and mineral show." Do you see that?
16a, Yess J16 Q. Did you ever reach out after this e-mail?
J17 Q. I believe you were in the room when I was, JI7 AL Now
18 Q. Go to Page -- hold on a second. Can you please
juga, Yess 19 go to a previously marked Exhibit 6? It's an e-mail to
20 Miss Larsen from Mr. Attaway, and you're copied on the
21 e-mail, correct?
}220A, Yess 22 A. Yes.
23 0. This is aa gune 30, 2020 e-mail that references a
24 conversation from earlier that day.
j250as Yess aA yes.
Page 47 Page 49
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Deposition of Cheryl Goldfarb 1/10/2022
a. Were you part of that conversation? a And Mr. Attaway writes -- I'm paraphrasing --
AL I was on the phone, the conference call, yes. that you need to pay these to cure your breach of
Do you recall the substance of that conversation? 3 contract?
A The conversation from what I recall was we had 4 A. Correct, yes.
found that there were missing payments and David was Q. Under threat of cancelling the contract, right?
discussing those and Sherry was discussing the fact A yes, we had discovered that the payments weren't
that she did not believe the event could happen. There made, and standard procedure would be if the payments
was kind of two conversations happening. are not made, the contract is not valid.
Q Do you recall who organized this conference call? Q. That's standard procedure in the four and a half
10 A. I did. 10 years you've been at @the Grounds?
ql Q. And when did you discover missing payments? ql A. Correct.
12 A I don't remember the exact date, but it would 12 a. But were you was that your decision or was
13 have been in June right about this time period. 13 that Mr. Attaway's decision?
14 Q. Did you ever send anything that 14 A. That would have been Mr. Attaway's decision.
15 A Actually, it would be between the end of May and 15 Q And when you say, that's standard, has @the
16 June. I don't remember the exact date. 16 Grounds had to do that before?
}17.Q. Do you recall ever sending Miss Larsen anything 17 a. Yes.
18 a Okay. But during the pandemic, did they have to
19 do that, other than with Miss Larsen?
}20 A. I do not remember sending her anything about 20 A. I can't remember a specific case during the
21 pandemic.
}22 Q. Have you ever seen any document from anyone else 22 R. NEWSU Let's take a quick five-minute
23 break, go off the record.
24 (Recess taken.)
)25 A. I don't remember one, no. MR. NEWSUM: Q We're back on the record.
Page 50 Page 52
a. I'm sorry. Is that I don't remember or no? Ms. Goldfarb, as far as you are aware, did @the Grounds
A. It's I don't remember seeing any document before get approval from anybody in Placer County to hold the
this date. Rock and Roller show?
Q Okay. If you go on Exhibit 6, the third page, A. I'm sorry. I'm thinking about your question I
this was an attachment. Did you prepare this invoice? 5 don't believe that we got approval, specific approval
aA No, 1 don't believe so. to hold the show.
Qe. Do you recall having a meeting with the team, '7.Q. You mentioned you had cancelled -- @the Grounds
Mr. Attaway, Mr. Sandoval, Carrie about Miss Larsen's
missing payments? 9A. Correct.
10 A. Not specifically about her missing payments, no. J10 Q. And do you recall when that was cancelled?
il Q From my review of the e-mails, it appears from J11 A. Sometime in the end of April, beginning of May.
12 about this point on, Mr. Attaway took over the
13 correspondence with Miss Larsen? 13 Okay. And you cancelled it in advance of the --
14 A. That's correct. 14 over a month in advance of the actual date planned for
15 Q. Do you recall having - not being copied, but you 15 the fair?
16 sending her any other e-mails after that? 16 aA. Correct.
17 AL After this point, no, I don't remember sending a7 ° And do you recall who made that decision?
18 any other e- nails. 18 AL I was not I'm not a main member of the fair
19 Q Who is it that made the decision to say, if you 19 Planning Committee, so I was not in that meeting.
20 don't make these payments, we're going to terminate 20 Q The meeting we discussed on June 30th, 2020, the
21 your contract? Was that Mr. Attaway? 21 conference call, right -
22 A. I'm sorry. Can you restat that question? 22 A. Yes.
23 Qe. yes. So starting June 30th, demands for payments 23 Q. =- with you, Mr. Attaway, and Miss Larsen --
24 were being made, right? 24 A Yes.
25 AL Yes. Q. -- was anybody else on that call?
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Deposition of Cheryl Goldfarb 1/10/2022
1 A. No, not that I remember. 1 MR. SINCLAIR: Same objections as to speculation
Q And do you recall what prompted that? I mean, I 2 and foundation.
think you said you discovered missing payments, but was 3 THE WITNESS: I can't speculate on what he meant.
there anything else? MR. NEWSUM: Q If you can go to 42 and 43 next.
AL Miss Larsen was looking for information on how sm 5A, Uh-huh.
or if she could hold her event and wanted to know kind 6a. Starting at the bottom, there's an e-mail.
of what we had -- from my recollection what we read and MR. SINCLAIR: Of what page?
understood from the guidance. MR. NEWSUM: Sorry. 42.
e. Okay. Can you please go back to Exhibit 147 can MR. SINCLAIR: Okay.
10 you go to what's been marked as PVSC 41 to 42? ‘MR. NEWSUM: Q. Starting at the bottom, there's
ul A Okay.
12 e. Well, this appears to be an e-mail chain. Tf you }12 with a cc to Mr. Attaway. Do you see that?
a3: could start on 42. There's an e-mail on June 26, 2020
14 from Miss Larsen to you, correct? Do you see that? }14 Q. And then it continues on 43. It says, "Hi,
15 aA. Yes. }15 Sherry. I had an opportunity to sit down with David.
16 Q. And Miss Larsen says that, "I want to make sure }16 and look through all of the guidance again. From our
17 you understood from our talk last week that in my
18 previous e-mail, I was not talking about 2,000 }18 guidance for destination retail and swap meets. While
19 attendants for the entire three-day event. As I
.
20 explained, our event of this nature had 2,000 plus in
21 the building at a time. Do you see that?
22 aA. Yes. }22 same." Do you see that?
23 Q. And up abov
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer 02/15/2022 at 03:44:20 PM McCormick, Barstow, Sheppard, By: Laurel L Sanders Wayte & Carruth LLP Deputy Clerk Ben Nicholson, #239893 ben.nicholson@mccormickbarstow.com Alex N. Newsum, #312344 alex.newsum@mccormickbarstow.com 7647 North Fresno Street Fresno, California 93720 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 Attorneys for Plaintiff/Cross-Defendant SHERRY LARSEN, individually and dba CALIFORNIA STATE ENTERPRISES SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER 10 11 SHERRY LARSEN, individually and dba Case No. S-CV-0045659 12 CALIFORNIA STATE ENTERPRISES, , 13 Plaintiff, PLAINTIFF’S STATEMENT OF 14 v. EVIDENCE IN OPPOSITION TO DEFENDANT’S MOTION FOR 15 PLACER VALLEY SPORTS COMPLEX, SUMMARY ADJUDICATION INC. dba @the Grounds, a California 16 Corporation; and DOES 1-10,, Date: March 1, 2022 17 Defendant. Time: 8:30 a.m. Dept.: 40 18 AND RELATED CROSS-ACTIONS 19 20 Pursuant to California Rules of Court, Rule 3.1350(e), Plaintiff, SHERRY LARSEN, 21 individually and dba CALIFORNIA STATE ENTERPRISES (‘Plaintiff’) and hereby submits the 22 following Statement of Evidence in Opposition to Defendant’s PLACER VALLEY SPORTS 23 COMPLEX, INC. dba @the Grounds (“Defendant”) Motion for Summary Adjudication. 24 //1 25 //1 26 //1 27 //1 28 McCORMICK, BARSTOW, SHEPPARD, WAYTE & ‘CARRUTH LLP PLAINTIFF’S STATEMENT OF EVIDENCE IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY 7647 NORTH FRESNO STREET FRESNO, cA‘a720 ADJUDICATION EXHIBIT DESCRIPTION OF EVIDENCE A Plaintiff's January 20, 2021 Verified Responses to Form Interrogatories, Set One, Form Interrogatory No. 17.1 Relevant portions of the transcript from the deposition of Cheryl Goldfarb as the Person Most Knowledgeable of Defendant, Placer County Sports Complex, Inc., taken on January 10, 2022, in the above-entitled matter Relevant portions of the transcript from the deposition of David Attaway as the Person Most Knowledgeable of Defendant, Placer County Sports Complex, Inc., taken on January 10, 2022, in the above-entitled matter 10 11 12 Dated: February 15, 2022 McCORMICK, BARSTOW, SHEPPARD, 13 WAYTE & CARRUTH LLP 14 15 By: fh 16 Ben Nicholson Alex N. Newsum 17 Attorneys for Plaintiff/Cross-Defendant SHERRY LARSEN, individually and dba CALIFORNIA STATE 18 ENTERPRISES 19 039274-000000 8152794.1 20 21 22 23 24 25) 26 27 28 McCoRMIck, BARSTOW, 2 ‘SHEPPARD, WAYTE ‘CARRUTH LLP PLAINTIFF’S STATEMENT OF EVIDENCE IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY 7847 NORTH FRESNO STREET FRESNO, cAS720 ADJUDICATION EXHIBIT A () the amount; and @) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was incurred. RESPONSE TO FORM INTERROGATORY NO. 9.1: Objection. This request seeks the premature disclosure of expert witness opinions. Further objection is made on the grounds that the term “INCIDENT” is vague and ambiguous in the context of this interrogatory. Yes, including, without limitation, the foregoing: 1 Attorney fees pursuant to the contract between the parties and pursuant to 10 California law. Amount to be ascertained and provided at the appropriate time. 11 2. Loss of profit in an amount to be determined. 12 3 Loss of Goodwill in an amount to be determined 13 FORM INTERROGATORY NO. 17.1 14 Is your response to each request for admission served with these interrogatories an 15 unqualified admission? If not, for each response that is not an unqualified admission 16 (@) state the number of the request: 17 (b) state all facts upon which you base your response; 18 © state the names, ADDRESSES, and telephone numbers of all PERSONS who have 19 knowledge of those facts; and 20 @) identify all DOCUMENTS and other tangible things that support your response and 21 state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT 22 or thing. 23 RESPONSE TO FORM INTERROGATORY NO. 17.1: 24 (a) RFA No. 1, 3 (b) Contract is ambiguous and contains both Feb. 1 and Feb. 28 as dates which 25 installment is due. Further, the request speaks of an “obligation” pursuant to the License 26 but whether a legal obligation exists cannot be discerned from the terms of a contract read in isolation and without regard to the actual events. In this case, a Force Majeure clause 27 was included in the andw: ered by the onset of the COVID-19 pandemic. Further,D fendan ce on the installment provision and is barred 28 from claiming presen by operation of estoppel due to Defendant’s language and conduct MCCORMICK, BARSTOW, ‘SHEPPARD, WAYTE & ‘CARRUTH LLP 5 ee WORTH FRESNO BTREET RESPONSE TO FORM INTERROGATORIES (SET ONE). FRESNO, cACTIO which Plaintiff from performing. (©) ose currently known to the responding party include: . Cheryl Goldfarb, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916) 701-8181, David Attaway, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916) 701-8181, Dina Miller, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916) 701- 8181 Dustin Cleaver, 451 Los Vegas Avenue, Roseville, CA 95678 (work), (916) 701-8181,cell 661.210.8330 Counsel for the parties. Dr. Aimee Sisson, Placer County Public Health Officer 10 11 Todd Leopold, Placer County Chief Executive Officer Bonnie Gore, Placer County Supervisor, District 1 12 13 Robert Weygandt, Placer County Supervisor, District 2 Jim Holmes, Placer County Supervisor, District 3 14 Kirk Ubler, Placer County Supervisor, District 4 15 e Cindy Gustafson, Placer County Supervisor, District 5 16 ° Karin Schwab, County Counsel, Placer County 17 d The “Facility License,” e-mails between the parties produced concurrently 18 herewith, EMAIL from Dr. Aimee Sisson, July 1, 2020, CDPH Guidance Shopping Center, May 12, 2020, various government declarations/orders produced concurrently herewith and 19 equally available to propounding party, including: 20 e January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declaration of a public health emergency for the United States 21 Placer County Proclamation Of Local Emergency, March 3, 2020 22 Placer County Declarations of Local Health Emergency, March 3, 2020 23 Governor Newsom’s Proclamation of State of Emergency, March 4, 2020 24 California Department of Health Guidance for Mass Gatherings, March 7, 25 26 Placer County Board of Supervisors Declaration of Local Health Emergency, March 9, 2020 27 Video of Placer Count Board of Supervisors Declaration of Local Health 28 Emergency, March 9, 2020 with Dr. Sisson’s specification that a gathering McCormick, ‘SHEPPARD, WAYTE & 6 761 WORTH FRESNO STREET RESPONSE TO FORM INTERROGATORIES (SET ONE) mean, C4072 VERIFICATION STATE OF CALIFORNIA, COUNTY OF FRESNO Ihave read the foregoing RESPONSE TO FORM INTERROGATORIES (SET ONE), and know its contents. Tam a party to this action and am authorized to make this verification for and on its behalf. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. WA Executed on January 20, 2020, at Fresno, California. 10 1 Sherry Larsen Showa C Labi. Print Name of Signatory Signature 12 039274-000000 7356610.1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Srerearo: Warts8 ar NOTH FRESNO BTRECT REENO, CABSTIO PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Fresno, State of California. My business address is 7647 North Fresno Street, Fresno, CA 93720. On January 20, 2021, I served true copies of the following document(s) described as RESPONSE TO FORM INTERROGATORIES (SET ONE) on the interested parties in this action as follows: Robert F. Sinclair SINCLAIR WILSON BALDO & CHAMBERLAIN 2390 Professional Drive Roseville, CA 95661 Tel: 916-783-5281 10 Fax: 916-783-5232 E-mail: rsinclair@swbclaw.com 11 Attorneys for Defendant/Cross-Complainant 12 PLACER VALLEY SPORTS COMPLEX, INC. dba @the Grounds 13 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the 14 persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for 15 collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United 16 States Postal Service, in a sealed envelope with postage fully prepaid. 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 18 Executed on January 20, 2021, at Fresno, California 19 20 \ 21 Laat D. Gonz}les_)v7 22 23 24 25 26 27 28 MCCORMICK, BARSTOW, ‘SHEPPARD, WAYTE & ‘CARRUTH LLP 15 ‘70a woRTH FRESNO STREET FRESNO, CATO RESPONSE TO FORM INTERROGATORIES (SET ONE) EXHIBIT B Deposition of Cheryl Goldfarb 1/10/2022 --000-- SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER SHERRY LARSEN, individually and dba CALIFORNIA STATE ENTERPRISES, ) )No. S-CV-0045659 Plaintiff, ) ) vs. ) PLACER VALLEY SPORTS COMPLEX, INC., dba @the Grounds, a California Corporation; and DOES 1-10, 10 Defendant. at AND RELATED CROSS-ACTIONS. 12 13 14 DEPOSITION OF CHERYL GOLDFARB aS Monday, January 10, 2022 16 1238 p.m. 17 18 19 20 Taken in the offices of: California Deposition Reporters 27 2453 Grand Canal Boulevard, Suite J Stockton, CA 95207 22 23 24 REPORTED BY: VICKI JELLEY, CSR NO. 11067 25 CALDEP WWW.CALDEP.COM 1() Deposition of Cheryl Goldfarb 1/10/2022 AL No. Just as a shopper. center, I am referring to the event center @the Grounds Shopper? currently licensed - licenses because I believe it's Uh-huh. on Event Center Drive, or something like that, Road. There were vendors at that show? A. The facility's name is the Roebbelen Center, and Correct, yes. it is on @the Grounds’ property, our facility. Were there demonstrations? @. If it's convenient for you, I can call it Not that I specifically recall. Roebbelen Center. Did you just go one day? A. Either way is fine, but I wanted to clarify since aA Just one day, yes. we were talking about both facilities. 10 Q. Was there any live music or entertainment? }10 Q. Did she tour the Roebbelen Center? al AL Not that I recall. }11 A. Yes, she did. 12 a. Are you able to estimate for me about how many }12 Q. Do you recall when that was? 13 people were in attendance when you went? }13 A. I don't remember specifically. It was shortly 14 AL I don't think I can make a good educated guess. 15 I'm sorry. 16 Q Okay. But you went in 2003, but you didn't meet 17 Miss Larsen at that time? 18 A. No, not that I know of. She could have been in 19 the crowd, but not that I know of. 20 Q. Okay. How did this - the facility license 21 agreement at issue in this case come about? Did you 22 approach Miss Larsen at some point? 23 aA No. She called me. ‘Ispecifically don't remember. Quite often I 24 e. Do you recall when that was? }24 would bring operations crew with me. I don't know if I 25 A T can give you an estimate. It was probably y age 14 Page 16 spring of 2019, spring to early summer, someplace in ‘1. And you guys discussed her show during that tour, there. Q What was the essence of that conversation, if you oy Yess recall? 4. Do you recall discussing using -- let me back up. A. She called to get information about the facility for the show, told me about her show, and at that point, I let her know that I was familiar with the show ‘7A. Yes, there are. because I had worked with her before. 8 Q. And rooms that can be used for seminars and Q You had worked with her before at the McClellan 10 Conference Center? J10 A. Yes, there are some smaller rooms, yes. l. A. Correct. 11 Q. And do you recall discussing with Miss Larsen 12 Q Did you actually make an agreement with her when 13 you were still there at the McClellan? 14 aA. There was no finalized agreement while I was }14 A. We talked about a lot of different options. I 15 there. 16 Q. You were just negotiating with her at that time? 17 This is prior this is in your prior job. 18 A There was a draft agreement that we were working jas 19 on, but that facility had issues with the fire marshal 20 that precluded it being finished while I was there. }20 Q. Do you recall discussing utilizing those smaller 21 Q Okay. Did Miss Larsen tour the event center }21 rooms? 22 facility at some point? 220ay Yes 23 A. Are you talking about the current one or 23 2. Okay. At some point, you sent a draft version of 24 McClellan? 24 the facility license agreement to Miss Larsen, right? 25 Q Yeah. That's a good point. When I say, event 25 A. Yes. Page 15 Page 17 CALDEP WWW.CALDEP.COM 5 (14-17) Deposition of Cheryl Goldfarb /10/2022 what's been premarked as Exhibit 4. 2Q. =~coordinate? (Exhibit 4 marked for identification.) 3 And it appears you're providing dates for ‘4 potentially when the show could be hold -- held? MR. NEWSUM: Q. I have taken the liberty of (5Excuse me. paginating this 1 through 15. AL Okay. 79. Okay. Let's go to Page 3. This is dated -- @. Do you see that? 8 well, and, actually, you can see it starts at the A Yes. bottom of Page 2 10Q On Page 1, there is an e-mail from you to 10 Ma Uh-huh. ilMiss Larsen dated April 3rd, 2020. Do you see that? ql @. And then it's an e-mail from you to Miss Larsen 12A Yes. 12 dated April 27, 2020. Do you see that? 13Q It says, Sherry. Hope that you are doing 13 A. Yes 14well in all this craziness. I wanted to check in and 14 Q. Do you recall sending this e-mail? 15see how everything is going for you. I now" “1 15 AL Yes, I do. 16assume that's supposed to be, “know that planning must 16 Q. And the second paragraph, it starts, "I would 17be more difficult since everything is shut down, but I 17 agree that having the State Fair cancel is a concerning 18wanted to see how you are doing.” 18 indicator of what is to comes however, ours is still on 19A. Uh-huh. 19 now. We will be making a final decision by tomorrow, 20Q. Do you recall sending that e-mail? 20 and I expect that we will have to cancel." Do you see 21A. Yes. 21 that? 22a. And was this just a check-in? 22 A. Yes. 23AL Yes. 23 @. You were referring to Miss Larsen's show? 24° Do you know whether at the time anyone from @the24 A. No. 25 rounds had brought up the payments under the agreement25 Q. What were you referring to? Page 38 Page 40 to Miss Larsen? AL Our fair. A. I don't know. a. When was that supposed to be held? Q. You did not, right? A In June. A. I did not, no. Q Was that, in fact, cancelled? Q. Go ahead and go to Page 2. A It was modified. We did an on-line auction, so MR. SINCLAIR: one thing, are these all in a the in-person part was cancelled. We did an on-line single transmittal like a string so that -- or are they animal auction. an assimilation of different -- Q But nobody showed up at the event center MR. NEWSUM: I think it's an assimilation property? 10 MR. SINCLAIR: Okay. That makes a difference. 10 A. I believe the animals did, yes -- ql I'll let you continue to ask questions. a oe. People -- ‘MR. NEWSUM: Q. Well, okay. On Page 2, there's 12 A. -- and the people that were showing them. 13 a. Were people who wanted t purchase tickets and }14 2020. Do you see that? 14 attend, were they able to attend in person? JUSvAs Yess 15 A. No. ]16 Q. Do you recall sending this e-mail? 16 Q Now, do you recall -- when you say, “We will be ITAL Xess 17 making a nal decision," were you referring to the }18 Q. And the first sentence says, “The team today" -- 18 team you described to me earlier meaning you, }19 excuse me. “The team met today, and here is what we 19 Mr. Attaway, Mr. Sandoval, if you recall? 20 A. There were a few other people that are on the 21 Fair Committee, but yes. 22 a. But those other people, they weren't involved in \23. A. Correct. 23 the making decisions on my clie: s home and garden 24. 24 show? A No. Page 39 Page 41 CALDEP WWW.CALDEP.COM 11 (38 - 41) Deposition of Cheryl Goldfarb 1/10/2022 Q. If you look at the third paragraph, it says, “We 1 aA Yes. It was dates for a January show. are meeting as a team tomorrow, and I will look at new 2 Q And this was in the event that the August, 2020 dates if you are required to postpone. However, we show was postponed? truly feel like things will be open to events in A. No. August. We have not made the move to cancel events Q. Is this for a separate show? that far out." Do you see that? AL That was for the winter show. A Yes, I do. Q Okay. And now we're at May 6, 2020, correct? Q So at this point, you were willing to look at new That's what it says? dates if my client was going to postpone; is that A Yes. 10 correct, if she was -- 10 Q. At this point, do you know whether anybody at ll MR. SINCLAIR: Objection. That's not what it 1 @the Grounds had brought up the missing payments? 12 says. Misstates the document. 12 AL I don't have any personal knowledge of it, no 13 MR. NEWSUM: Q. Well, go ahead. 13 a. Go to Page 6, please. This is a yeah, I 14 A. If she was required to cancel, not if she was 14 believe this is a chain. This was earlier, this April 15 choosing to postpone. 15 30, 2020 e-mail that you sent to Miss Larsen. Do you 16 Q. Meaning if, under the Covid-related order, she 16 see that? 7 couldn't hold her show, then you would provide new 17 A. Yes. 18 dates? 18 Q Was that also referencing the winter show? 19 A I said I would look at them if it was possible, 19 AL yes. 20 yes. 20 @. So at this point, you were still trying to 21 @ Now, this is -- you say, “We could look at 21 negotiate a date for that winter show for her, correct? 22 expanding you to the whole space and allow for social 22 AL Yes, I was. 23 distancing. That's what you were referring to 123Q. Okay. Can you go to Page 7. You see near the 24 earlier? 25 AL Yes. Page 42 Page 44 Q. If you can go to Page 4 for me, please. A. Uh-huh. Q. There's an April 27, 2020 e-mail from Sherry Larsen to you, right? A Yes. a Do you recall receiving this e-mail? A. Yes. @ And, n fact, if you recall, the e-mail on Page 3 was in response to that -- to the e-mail on Page 4? Do 9 ‘That team referring to the -- the people 10 you recall? }10 you indicated earlier? You, Mr. Attaway, Mr. Sandoval, ql A. I don't recall the order that they came, but I do }11 and Carrie -- I don't recall her last name. 12 remember the e-mail. JI2A. Yess 13 a. Okay. Turn to Page 5 F me 13 Q. Do you recall that meeting that's referenced 14 A Uh-huh. 14 here? 15 Q At the top, there's an e-mail from you to 15 A. Not specifically, no. 16 Miss Larsen dated May 6, 2020, correct? 16 Q. Do you recall if anybody at that meeting brought 17 A. Yes. 17 up Miss Larsen's missed payments? 18 6Q. Do you recall sending this? 18 AL I do not recall a specific conversation about it. 19 Be Yes. 19 I don't think we had found them yet. 20 @ Are you referring to - well, it says, =r took 20 a. This is a chain, so some of the e-mails, we 21 another look, and that was the only date that I had 21 already went over, so can you please go to Page 11. 22 that did not fall under one of your exclusions and had 22 This is an e-mail from you to Miss Larsen dated May 23 the entire time period that you have in your contract. 23 27th, 2020, right? 24 Do you recall here what you were referring 24 a. Okay, yes. 25 to? Q. Do you see that? Page 43 Page 45 CALDEP WWW.CALDEP.COM 12 (42 - 45) Deposition of Cheryl Goldfarb 1/10/2022 A. The page is pretty much blank on the eleventh 1 a. And you say, “That event is approved under the page except that on top, yes. clause that allows swap meets and will be held in the a. This is exactly what it looked like to me. Do event center so it can be socially distanced," and when you recall this at all? Do you? you say, “under the clause," this is, again, under the A. No. state's guidance? @. Do you recall receiving a message on May 27th A. Correct from Sherry with the subject line, “Please update me" Q. Do you recall whether swap meets was defined or A. I don't specifically recall that e-mail or there was any clarity on that? message at all. aA. There was no definition in the state guidance as 10 Q. Okay. Go to Page 12, please. 10 to what was a swap meet. ul A. Uh-huh. 1. a. Did you make that determination when you say the }12 Q. ‘The top, there's an e-mail to Sherry Larsen from 12 event was approved or was it somebody else? }13 you dated June 9th, 2020. Do you see that? 13 A. It was approved by -- bad wording, but it was 14a, Yess 14 approved by our team. It fit the guidelines. }15 Q. And the first sentence says, “With all the recent is Q. So by Mr. Attaway, by you, by Mr. Sandoval? 16 A. Correct. }17 your event." Do you see that? 117 Q. And then the last sentence, "I have reached out }18 A. Uh-huh, yes. Sorry. 119 Q. And do you recall having looked at the guidance |19 expect to know by the end of the week." Do you see }21 A. ‘I looked at the guidance pretty much every day, 20a Yess 122 Q. Do you recall who at Public Health you reached }23 Q. | When you say, recent changes, were you referring }24 A. I do not actually remember reaching out to Public |25a, Yess }25 Health. I had intended to say I will reach out to Page 48 Page 46 ‘1Q. And at that point, you were not sure whether ‘3A. I didn't know for a fact that she would be able 3 guidance. The guidance did not say that we had to have ‘4 to. My wording in here may have been bad because when 5 Q. When you say, “I have reached out to Public ‘7A. I did not reach out to Public Health, no. 8 Q. So then obviously, you didn't actually get any }100. Okay. But you weren't sure one way or the other, |10 you never reached out? J11 A. Correct. J12 A. ‘Ipositively, didn't know no. |12 @. Do you know why you said you have reached out in ]13 Q. The next paragraph says, "We have approved events |13 this e-mail? }14 similar to yours here July 3 and 4 for the Rock Rollers |14 A. To my recollection, it was bad wording, and I }15 gem and mineral show." Do you see that? 16a, Yess J16 Q. Did you ever reach out after this e-mail? J17 Q. I believe you were in the room when I was, JI7 AL Now 18 Q. Go to Page -- hold on a second. Can you please juga, Yess 19 go to a previously marked Exhibit 6? It's an e-mail to 20 Miss Larsen from Mr. Attaway, and you're copied on the 21 e-mail, correct? }220A, Yess 22 A. Yes. 23 0. This is aa gune 30, 2020 e-mail that references a 24 conversation from earlier that day. j250as Yess aA yes. Page 47 Page 49 CALDEP WWW.CALDEP.COM 13 (46 - 49) Deposition of Cheryl Goldfarb 1/10/2022 a. Were you part of that conversation? a And Mr. Attaway writes -- I'm paraphrasing -- AL I was on the phone, the conference call, yes. that you need to pay these to cure your breach of Do you recall the substance of that conversation? 3 contract? A The conversation from what I recall was we had 4 A. Correct, yes. found that there were missing payments and David was Q. Under threat of cancelling the contract, right? discussing those and Sherry was discussing the fact A yes, we had discovered that the payments weren't that she did not believe the event could happen. There made, and standard procedure would be if the payments was kind of two conversations happening. are not made, the contract is not valid. Q Do you recall who organized this conference call? Q. That's standard procedure in the four and a half 10 A. I did. 10 years you've been at @the Grounds? ql Q. And when did you discover missing payments? ql A. Correct. 12 A I don't remember the exact date, but it would 12 a. But were you was that your decision or was 13 have been in June right about this time period. 13 that Mr. Attaway's decision? 14 Q. Did you ever send anything that 14 A. That would have been Mr. Attaway's decision. 15 A Actually, it would be between the end of May and 15 Q And when you say, that's standard, has @the 16 June. I don't remember the exact date. 16 Grounds had to do that before? }17.Q. Do you recall ever sending Miss Larsen anything 17 a. Yes. 18 a Okay. But during the pandemic, did they have to 19 do that, other than with Miss Larsen? }20 A. I do not remember sending her anything about 20 A. I can't remember a specific case during the 21 pandemic. }22 Q. Have you ever seen any document from anyone else 22 R. NEWSU Let's take a quick five-minute 23 break, go off the record. 24 (Recess taken.) )25 A. I don't remember one, no. MR. NEWSUM: Q We're back on the record. Page 50 Page 52 a. I'm sorry. Is that I don't remember or no? Ms. Goldfarb, as far as you are aware, did @the Grounds A. It's I don't remember seeing any document before get approval from anybody in Placer County to hold the this date. Rock and Roller show? Q Okay. If you go on Exhibit 6, the third page, A. I'm sorry. I'm thinking about your question I this was an attachment. Did you prepare this invoice? 5 don't believe that we got approval, specific approval aA No, 1 don't believe so. to hold the show. Qe. Do you recall having a meeting with the team, '7.Q. You mentioned you had cancelled -- @the Grounds Mr. Attaway, Mr. Sandoval, Carrie about Miss Larsen's missing payments? 9A. Correct. 10 A. Not specifically about her missing payments, no. J10 Q. And do you recall when that was cancelled? il Q From my review of the e-mails, it appears from J11 A. Sometime in the end of April, beginning of May. 12 about this point on, Mr. Attaway took over the 13 correspondence with Miss Larsen? 13 Okay. And you cancelled it in advance of the -- 14 A. That's correct. 14 over a month in advance of the actual date planned for 15 Q. Do you recall having - not being copied, but you 15 the fair? 16 sending her any other e-mails after that? 16 aA. Correct. 17 AL After this point, no, I don't remember sending a7 ° And do you recall who made that decision? 18 any other e- nails. 18 AL I was not I'm not a main member of the fair 19 Q Who is it that made the decision to say, if you 19 Planning Committee, so I was not in that meeting. 20 don't make these payments, we're going to terminate 20 Q The meeting we discussed on June 30th, 2020, the 21 your contract? Was that Mr. Attaway? 21 conference call, right - 22 A. I'm sorry. Can you restat that question? 22 A. Yes. 23 Qe. yes. So starting June 30th, demands for payments 23 Q. =- with you, Mr. Attaway, and Miss Larsen -- 24 were being made, right? 24 A Yes. 25 AL Yes. Q. -- was anybody else on that call? Page 51 Page 53 CALDEP WWW.CALDEP.COM 14 (50 - 53) Deposition of Cheryl Goldfarb 1/10/2022 1 A. No, not that I remember. 1 MR. SINCLAIR: Same objections as to speculation Q And do you recall what prompted that? I mean, I 2 and foundation. think you said you discovered missing payments, but was 3 THE WITNESS: I can't speculate on what he meant. there anything else? MR. NEWSUM: Q If you can go to 42 and 43 next. AL Miss Larsen was looking for information on how sm 5A, Uh-huh. or if she could hold her event and wanted to know kind 6a. Starting at the bottom, there's an e-mail. of what we had -- from my recollection what we read and MR. SINCLAIR: Of what page? understood from the guidance. MR. NEWSUM: Sorry. 42. e. Okay. Can you please go back to Exhibit 147 can MR. SINCLAIR: Okay. 10 you go to what's been marked as PVSC 41 to 42? ‘MR. NEWSUM: Q. Starting at the bottom, there's ul A Okay. 12 e. Well, this appears to be an e-mail chain. Tf you }12 with a cc to Mr. Attaway. Do you see that? a3: could start on 42. There's an e-mail on June 26, 2020 14 from Miss Larsen to you, correct? Do you see that? }14 Q. And then it continues on 43. It says, "Hi, 15 aA. Yes. }15 Sherry. I had an opportunity to sit down with David. 16 Q. And Miss Larsen says that, "I want to make sure }16 and look through all of the guidance again. From our 17 you understood from our talk last week that in my 18 previous e-mail, I was not talking about 2,000 }18 guidance for destination retail and swap meets. While 19 attendants for the entire three-day event. As I . 20 explained, our event of this nature had 2,000 plus in 21 the building at a time. Do you see that? 22 aA. Yes. }22 same." Do you see that? 23 Q. And up abov