Preview
Alison M. Crane, SBN 197359
Tara A. Murray, SBN 284871
BLEDSOE, DIESTEL, TREPPA & CRANE LLP
180 Sansome Street, 5th Floor
San Francisco, California 94104-3713
Telephone: (415) 981-5411
Facsimile: (415) 981-0352
crane@ bledsoelaw.com
tmurray@ bledsoelaw.com
Attomeys for Defendant BIG BROTHERS BIG SISTERS
OF AMERICA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF MONTEREY
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11 JANE BE DOE an individual, Case No. 21CV 000805
12 Plaintiffs, DECLARATION OF ALISON M. CRANE
IN SUPPORT OF DEFENDANT’S
13 Vv. MOTION FOR SUMMARY JUDGMENT
14 BIG BROTHERS BIG SISTERS OF
AMERICA, a California corporation; BIG Courthouse: Monterey Superior Court
15 BROTHERS BIG SISTERS OF SALINA, Date: January 26, 2024
a Califomnia corporation; JON DAVID Time: 8:30 am.
16 WOODY, an individual; and DOES 1-50, Dept.: Department 15
inclusive,
17
Defendants.
18
19 I, Alison M. Crane, declare:
20 1 I am an attorney and partner at the law firm Bledsoe, Diestel, Treppa & Crane
21 LLP, attomeys of record for Defendant BIG BROTHERS BIG SISTERS OF AMERICA
22 (“BBBSA”) in the above-titled action.
23 1 I have personal knowledge of all facts stated herein, and if called as a witness
24 could and would competently testify to them under oath.
25 Attached hereto as Exhibit A is a true and correct copy of select excerpts from the
26 deposition of Julie Novak taken on November 17, 2022.
27 3 Attached hereto as Exhibit B are collectively true and correct copies of five
28 agreements between BBBSA and Big Brothers Big Sisters of Monterey County (“BBBSMC”)
DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
dated 1989, 1991, 1993, 1995, and 2001.
4. Attached hereto as Exhibit C is a true and correct copy of the Articles of
Incorporation for Big Brothers Big Sisters of the Salinas Valley and the Certificate of
Amendment of Articles of Incorporation for BBBSMC as retrieved from the California Secretary
of State website on October 5, 2023.
5 Attached hereto as Exhibit D is a true and correct copy of BBBSA’s National
Standards dated 1996.
6 Attached hereto as Exhibit E is a true and correct copy of select portions of the
BBBSMC records received by BBBSA in 2008 regarding
Jon David Woody’s and Nancy
10 Woody’s (collectively “the Woodys”) application to BBBSMC.
11 7 Attached hereto as Exhibit F is a true and correct copy of a select portion of the
12 BBBSMC records received by BBBSA in 2008 regarding Plaintiff’ s participation with BBBSMC,
13 with Plaintiff’ s name redacted.
14 8 Attached hereto as Exhibit G is a true and correct copy of selection portions of the
15 transcript of the BBBSMC records received by BBBSA in 2008 regarding removing the Woody’s
16 from BBBSMC’s waitlist.
17 9 Attached hereto as Exhibit H is a true and correct copy of the Domestic Nonprofit
18 Corporation Certificate of Dissolution for BBBSMC as retrieved from the California Secretary of
19 State website on October 5, 2023.
20 10. Attached hereto as Exhibit I is a true and correct copy of Plaintiff's response to
21 BBBSA’s Request for Production, Set Two, No. 3 and the attached production regarding a Jon
22 David Woody in Texas.
23 11. Attached hereto as Exhibit J is a true and correct copy of Plaintiff’s First
24 Amended Complaint.
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DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
I declare under penalty of perjury under the laws of California that the foregoing is true
and correct, and that this declaration was executed on October 6, 2023, in Walnut Creek,
California.
Ko WAP
Alison M. Crane
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DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
EXHIBIT A
Novak, J ulie
Jane BE Doe v. Big Brothers Big Sisters of America
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MONTEREY
JANE BE DOE,
Plaintiff,
vs. CASE NO.
21CV000805
BIG BROTHERS BIG SISTERS OF AMERICA,
A CALIFORNIA CORPORATION; BIG
BROTHERS BIG SISTERS OF MONTEREY
COUNTY, A CALIFORNIA CORPORATION;
BOYS & GIRLS CLUBS OF MONTEREY
COUNTY, A CALIFORNIA CORPORATION;
JON DAVID WOODY, AN INDIVIDUAL; AND
DOES 1 - 50, INCLUSIVE,
Defendants.
VIDEOTAPED VIDEOCONFERENCE DEPOSITION OF
JULIE NOVAK
VOLUME TI
NOVEMBER 17, 2022
REPORTED BY SANDRA NALLEY, CSR NO. 13607
J ilio-Ryan Court Reporters
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Novak, J ulie
Jane BE Doe v. Big Brothers Big Sisters of America
10:37 1 BY MR. CUNNY:
10:37 2 Q. Okay. And just for our own nomenclature moving
(10:373 forward, there's effectively two different types of
(10:374 organizations that work with Big Brothers Big Sisters.
(10:375 ‘There's
organizations
sponsoring and affiliated
(10:376 organizations, correct?
(10:377 A. The
organizations
sponsoring I -- I would
(10:378
(10:379
Q. Okay. And can you just explain for the record
‘MS. MURRAY: Objection. Overbroad.
‘THE WITNESS: Aorganization
sponsored is -- or
‘larger youth organization. A non-sponsored affiliated
10 38 19 BY MR. CUNNY:
10:38 20 Q Got you. So for example, an organization like
10:38 21 Boys & Girls Club that takes on an aspect of Big Brothers
10:38 22 Big Sisters for its organization, that would be a
10:38 23 sponsoring organization, correct?
10 38 24 MS. MURRAY: Objection. Calls for a legal
10 38 25 conclusion. Incomplete hypothetical. Vague.
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Novak, J ulie
Jane BE Doe v. Big Brothers Big Sisters of America
11 53 2001 MAA, Bates BBBSA 1159 to 1172. And this first page
11 53 says, "Membership Affiliation Agreement with BBBS of
11 53 Monterey County, Monterey, California."
11 53 (Plaintiff's Exhibit 17 marked.)
11 53 BY MR. CUNNY:
11 53 Q Did you review this document in preparation for
11 53 your deposition here today?
11 53 A I believe so.
11 53 Q. Okay. It's a 14-page document. What's your
understanding of what a member affiliation agreement is?
A. It is an agreement that is signed by Big
Brothers Big Sisters of America's leadership and the
‘local affiliates leadership that outlines requirements or
Q. Okay. And when a local agency would not abide
‘MS. MURRAY: Objection. Incomplete
hypothetical. Vague. Overbroad. Exceeds the scope of
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Novak, J ulie
Jane BE Doe v. Big Brothers Big Sisters of America
11 54 BY MR. CUNNY:
11 54 Q You can answer.
11 54 A The -- depending on the time period. What time
11 54 period are you asking for?
11 54 Q So I guess with that response, would it change
11 55 depending -- would the actions that the national
11 55 organization would take for breach of this agreement
11 55 depend on the time frame in which the breach of that
11 55 agreement occurred?
11 55 10 MS. MURRAY: Same objections.
11 55 11 THE WITNESS: The affiliation agreements that
11 55 12 were signed by the national organization of locals were
11 55 13 modified over the course of time, so this document sets
11 55 14 out -- that we're looking at right now sets out a course
11 55 15 of action that the national office takes -- can take
11 55 16 around discovery of noncompliance. But I'm not -- I
11 55 17 don't believe those are always consistent affiliation
11 56 18 agreement -- affiliation agreement over time.
11 56 19 BY MR. CUNNY:
11 56 20 Q Okay. And would that depend on the local
11 56 21 affiliate as well as the time frame, meaning -- sorry.
11 56 22 That was a bad question.
11 56 23 So would the -- these agreements differ from
11 56 24 local affiliate to local affiliate?
11 56 25 MS. MURRAY: Objection. Overbroad as to scope
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Novak, J ulie
Jane BE Doe v. Big Brothers Big Sisters of America
‘11:56 1] and exceeds the scope of today's deposition.
(156 2 ‘THE WITNESS: Not
experience.
in my
(11:56 3] CUNNY:
BY MR.
(11:564 Q. Okay. However, over time, those agreements did
(11:56 5] change, correct?
(11:566 A. Correct, periodically.
11 56 7 Q Okay.
11 56 MR. CUNNY: Come back to that later. Almost
11 56 through with them. The next document will be Exhibit --
11 56 10 17?
11 56 11 THE REPORTER: Eighteen.
11 56 12 MR. CUNNY: -- 18. This will be marked as
11 56 13 Exhibit 18. It's a document entitled 2003 Analysis, but
11 56 14 with -- 1999, 2003, 1150 to 1156. And it's a document
11 57 15 entitled "Big Brothers Big Sisters Report to Affiliates
11 57 16 on Child Safety and Youth Protection Across the Nation."
11 57 17 And the subtitle is "An Analysis of Child Sexual Abuse
11 57 18 Allegations for the Period 1999 through 2003."
11 57 19 (Plaintiff's Exhibit 18 marked.)
11 57 20 BY MR. CUNNY:
11 57 21 Q Is this a document you've ever reviewed in
11 57 22 preparation for your deposition here today?
11 57 23 A Yes.
11 57 24 Q ALL right. And generally speaking, what is
11 57 25 this document?
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Novak, J ulie
Jane BE Doe v. Big Brothers Big Sisters of America
12 00 BBBSA 42 to 70. And this is a 29-page document that
12 00 says, "Standards and Required Procedures for One-to-One
12 00 Service."
12 00 (Plaintiff's Exhibit 20 marked.)
12 00 BY MR. CUNNY:
12 00 Q. Is this a document you reviewed in preparation
(12:007
(12:018 AL Yes.
‘12:019 Q. And again, it's a 3@-page document, but
A. It is the document I referenced that is alluded
few minutes ago. That is -- that outlines the minimum
12 01 17 Q Okay. And it says, "One-to-One" with the
12 01 18 trademark sign. What does that refer to, One-to-One or
12 01 19 One-to-One Service?
12 01 20 A I'm not sure about the trademark, but Big
12 01 21 Brothers Big Sisters of America must own it, I would -- I
12 01 22 would imagine. And it's referring to the programmatic
12 02 23 model of one-to-one mentoring.
12 02 24 Q Okay. And when you say one-to-one mentoring,
12 02 25 is that the nature of the program, where one adult is
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Jane BE Doe v. Big Brothers Big Sisters of America
12 45 A No.
12 45 Q Okay. Have there ever been -- has there ever
12 45 been a prohibition against overnight trips or sleeps --
12 45 sleepovers?
12 45 A The national standards that were recently
12 46 approved are different than the previous standards in
12 46 that they -- I don't remember what the language is, but
12 46 they're -- they're very much restricted. And that's an
12 46 affiliate decision -- a local affiliate decision to set
12 46 10 that standard --
12 46 11 Q ALL right.
12 46 12 (Reporter clarification. )
12 46 13 THE WITNESS: Cumulatively, that the agency
12 46 14 network, agent -- nationwide agency network determines
12 46 15 the standards that are presented to local affiliates and
12 46 16 voted on by local affiliates.
12 46 17 BY MR. CUNNY:
12 46 18 Q. Okay. And when those standards -- just
A. The standards that are voted on by the
Q. Correct.
A. Voted by majority into effect, those are the
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Jane BE Doe v. Big Brothers Big Sisters of America
12:47 1 standards that agencies are required to follow.
(12472 Q. Okay.
(12473 A. You know, once they're in effect.
12 47 4 Q And this agency network, when did the voting
12 47 come into play for these sorts of standards?
12 47 MS. MURRAY: Objection. Vague and ambiguous as
12 47 to "voting come into play for these sorts of standards."
12 47 Overbroad as to time and scope.
12 47 THE WITNESS: I'm not sure I understand your
12 47 10 question, and it's -- there -- you know, structure varies
12 47 11 nationally over time. Can you be more specific?
12 47 12 BY MR. CUNNY:
12 47 13 Q. Sure. So maybe we'll start at the beginning of
(12:47 14 our notice, in 1979. I presume that Big Brothers Big
Sisters of America would put out some sort of standard
‘that local affiliates had to follow. Is that fair to
‘say?
12 48 18 MS. MURRAY: Objection. Overbroad in terms of
12 48 19 scope and time. We're dealing with a case from 2000
12 48 20 and -- 2000 to 2002, and so what occurred in 1979 is not
12 48 21 relevant.
12 48 22 BY MR. CUNNY:
12 48 23 Q You can answer.
A. organization,
The national from my
experience -- again, I wasn't participating with the
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Novak, J ulie
Jane BE Doe v. Big Brothers Big Sisters of America
12 48 organization or employed by or volunteering with any
12 48 organization that is an affiliate in that time period,
12 48 but my understanding of history is that the local
12 48 affiliate representatives were members of our national
12 48 board. That was the government's process, structure.
12 48 Over time that changed to a government structure that was
12 49 very much affiliate -- almost exclusively affiliate led
12 49 with local agency representation on a nationwide
12 49 leadership council.
12 49 10 My understanding is that standards have come
12 49 11 before -- been proposed by the affiliate network.
12 49 12 Certainly Big Brothers Big Sisters of America facilitated
12 49 13 that process to different degrees, different time
12 49 14 periods, but my understanding is that local agencies had
12 49 15 to approve those standards to go into effect.
12 49 16 Q Okay. So in the earliest -- we'll call it the
12 49 17 policy-making committee -- would be local affiliates,
12 49 18 they would have members of their organization who are
12 49 19 part of the national board? Do I have that right?
12 49 20 A There were national board seats reserved for
12 50 21 local affiliate elected representatives.
12 50 22 Q Okay.
12 50 23 A As part of the government structure, yes.
12 50 24 Q And who would those affiliates be elected by?
12 50 25 By the local affiliate organization or by somebody else?
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Jane BE Doe v. Big Brothers Big Sisters of America
12 50 A I believe the network. In my experience it was
12 50 the network of agencies.
12 50 Q Okay. And so that board would then vote on the
12 50 various rules for -- or minimum requirements for local
12 50 affiliates to be affiliated with Big Brother Big Sister
12 50 of America; is that accurate --
12 50 MS. MURRAY: Objection.
12 50 BY MR. CUNNY:
12 50 Q -- at that time?
12 50 10 MS. MURRAY: Objection. Vague. Ambiguous.
12 50 11 Misstates testimony.
12 50 12 THE WITNESS: I believe that's accurate.
12 50 13 BY MR. CUNNY:
12 50 14 Q Okay. Do you know when that model changed to a
12 50 15 different type of model that we'll talk about right now?
12 50 16 A To the NLC structure, government structure, I
12 51 17 believe around 2000, 1998 to 2000.
12 51 18 Q Okay. So prior to that time frame, whether
12 51 19 1998, 2000, prior to then, the minimum requirements were
12 51 20 promulgated by that old national board from each local
12 51 21 organization, correct?
12 51 22 A Correct. Except that I -- there were also -- I
12 51 23 believe they were called at-large board members, so
12 51 24 there may be -- there were individuals that did not
12 51 25 represent a local agency on that national board as well,
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Jane BE Doe v. Big Brothers Big Sisters of America
12 51 from my understanding.
12 51 Q Okay. Got you. And so how did the structure
12 51 of the voting on the minimum requirements for local
12 51 affiliates change around that 1998, 2000 time frame?
12 52 MS. MURRAY: Objection. Exceeds the scope of
12 52 the deposition. Overbroad as to scope and time.
12 52 THE WITNESS: The entity called the nationwide
12 52 leadership council made up of entire -- entirely of local
12 52 affiliate representatives undertook the process of
12 52 10 determining standards, appropriate standards and making
12 52 11 any -- recommending any changes to the network of Big
12 52 12 Brothers Big Sisters agencies across the country, and
12 52 13 then they were voted on -- once recommended, they were
12 52 14 voted on by the body of local agencies.
12 52 15 BY MR. CUNNY:
12 52 16 Q Okay. And once they -- those various standards
12 52 17 were voted on, was there a booklet or a guide or some
12 52 18 rule book that was given to the local agencies or
12 52 19 affiliates explaining to them what the rules were that
12 52 20 were in effect?
12 53 21 A It depends on the time period that you're
12 53 22 referring to. Over time I think that process certainly
12 53 23 would have been different.
12 53 24 Q Okay. So prior to the 1998/2000 change in how
12 53 25 the voting was done on those requirements, were local
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Jane BE Doe v. Big Brothers Big Sisters of America
01 03 document being in effect, I believe it's 1996, June 22nd,
01 03 1996, this would have been a document that was approved
01 03 by local affiliates who were put on to the national
01 03 board, along with some others to vote on minimum
01 03 standards. Do I have that accurate?
01 03 A I'm sorry. Say that again.
01 04 Q Sure. So we talked earlier about that split in
01 04 how the voting happened for the minimum requirements to
01 04 be a local affiliate of Big Brothers Big Sisters of
01 04 10 America. Do you recall that testimony?
01 04 11 A Yes.
01 04 12 Q Okay. So since this happened in -- according
01 04 13 to the document, in June 22nd, 1996, this document would
01 04 14 have fallen under that old structure for voting, correct?
01 04 15 A I believe so.
01 04 16 Q. Okay. Sorry. Let me close that.
So in this document it sets out a number of
A. Correct.
Q. Okay. So if you go down -- let's see. The
acceptable service for Big Brothers/Big Sisters work. It
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Jane BE Doe v. Big Brothers Big Sisters of America
01 05 is our belief that any agency meeting these minimum
01 05 practice requirements will be providing all these
01 05 services to its clientele. Thus, by ensuring that all
01 05 BB/BSA affiliated agencies are providing service in
01 05 compliance with these standards, we can better protect
01 05 the children we serve and safeguard the integrity of the
01 05 match process."
01 05 For a local affiliate to have their formal
01 05 affiliation with Big Brothers Big Sisters of America,
01 05 10 this book at the time in 1996 and until a new version was
01 05 11 adopted were the rules that they had to follow, at least
01 05 12 some of the rules, correct?
01 05 13 MS. MURRAY: Objection. Incomplete
01 05 14 hypothetical.
01 06 15 THE WITNESS: This document, these required
01 06 16 policies and -- or -- or required standards, along with
01 06 17 the affiliation agreement would have been expected to be
01 06 18 followed by local -- by the -- local affiliates would be
01 06 19 expected to follow them by the national organization.
01 06 20 BY MR. CUNNY:
01 06 21 Q Okay. And I guess the next question is other
01 06 22 than the affiliate agreement and this document,
01 06 23 Exhibit 20, were there any other documents that were sort
01 06 24 of formalized procedures that needed to be followed by
01 06 25 the local affiliate to maintain their affiliation?
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Jane BE Doe v. Big Brothers Big Sisters of America
01:06 1 ‘MS. MURRAY: Objection. Overbroad as to time,
01:062 scope. Also exceeds the categories in this noticed
01:063 deposition.
01:064 ‘THE WITNESS: Not
knowledge.
to my
01:07 5 BY MR. CUNNY:
01 07 Q Okay. So actually, I have a couple of other
01 07 foundational areas I want to get to first and kind of
01 07 shifting gears.
01 07 With respect to Big Brothers Big Sisters of
01 07 10 America, beginning in 1979, did Big Brothers Big Sisters
01 07 11 of America keep files for volunteers at the national
01 07 12 level?
01 07 13 A No.
01 07 14 Q Has Big Brothers Big Sisters of America ever
01 07 15 kept files for volunteers at a national level?
01 07 16 MS. MURRAY: Objection. Overbroad and
01 07 17 ambiguous as to kept volunteer files. Overbroad as to
01 08 18 scope and time.
01 08 19 THE WITNESS: The national organization has a
01 08 20 Salesforce-based electronic data collection -- I forgot
01 08 21 the right word for it -- it's a CRM system in place
01 08 22 today, but the records on it are local affiliate records.
01 08 23 It was -- I'm not sure what the right
01 08 24 terminology is for it, but the records that are housed in
01 08 25 that system on an electronic basis are owned by local
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02 15 document speaks for itself, given the fact that I don't
02 16 know that our deponent can summarize all 29 pages.
02 16 THE WITNESS: Okay. It's on -- Standard 17C on
02 17 Page 9.
02 17 BY MR. CUNNY:
02 17 Q. Okay. So looking at Exhibit 20, Page 9
o2:177
02:17 8
O2:17 9
A. Correct.
Q. Okay. So the national organization requires
A. Correct.
Q. ‘Those criteria, are they developed solely by
‘MS. MURRAY: Vague and ambiguous as to the
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02:18 1 ‘THE WITNESS: The local agencies would be
02:18 2 required to meet these standards as a minimum. Beyond
02:183
02:184
02:185 Q. Okay. So the actual criteria the local agency
02:18 6
02:187 A. Correct.
02:18 8 Q. All right. Bullet Point B says, "A written
02:18 9
AL It's--
‘THE WITNESS: It is -- the process is
02 19 19 BY MR. CUNNY:
02 19 20 Q Okay. Then going down to C, it says, "The
02 19 21 agent -- agency shall obtain independent verification of
02 19 22 assessment information from at least three references
02 19 23 from individuals not related to the volunteer."
02 19 24 Is that the criteria related to personal
02 19 25 references for a potential volunteer?
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02 19 A Correct.
02 19 Q Okay. It discusses assessment information,
02 19 verification of assessment information. What specific
02 19 assessment information is to be verified, if any, as
02 20 required by the national organization in that standard?
02 20 A This is going back a long time of my recall.
02 20 MS. MURRAY: Objection. That's overbroad as to
02 20 time.
02 20 THE WITNESS: The verification of assessment
02 20 10 information refers to the first line on 17, "The
02 20 11 volunteer intake process used by the agency shall assess
02 20 12 the volunteer's suitability for program service based
02 20 13 upon written material" --
02 20 14 (Reporter clarification. )
02 21 15 THE WITNESS: I believe I said "The volunteer
02 21 16 intake process," and I'm reading from the document,
02 21 17 No. 17, "The volunteer intake process used by the agency
02 21 18 shall assess the volunteer's suitability for program
02 21 19 service based upon written criteria for acceptance."
02 21 20 So in Subsection C, "The agency shall obtain
02 21 21 independent verification of assessment information from
02 21 22 at least three references from individuals not related to
02 21 23 the volunteer" is referring to the assessment. They're
02 21 24 confirming or verifying that their assessment is
02 21 25 accurate.
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02 21 Q Okay. So the underlying assessment information
02 21 or categories of information, that's categories of
02 22 information created by the local agency that they're then
02 22 verifying, correct?
02 22 A Correct.
02 22 Q. Okay. The next line down, B -- the next bullet
02:227 point, I should say -- "The agency shall obtain arrest
02:22 8 and conviction records on the volunteer from local or
02:22 9
‘legally permissible. Where such records are not Legally
A. Correct.
Q. And when it says local or state or national Law
‘MS. MURRAY: Objection. Overbroad as to time
and scope. And incomplete hypothetical. Calls for an
‘THE WITNESS: That would have been a local
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Preview
Alison M. Crane, SBN 197359 Tara A. Murray, SBN 284871 BLEDSOE, DIESTEL, TREPPA & CRANE LLP 180 Sansome Street, 5th Floor San Francisco, California 94104-3713 Telephone: (415) 981-5411 Facsimile: (415) 981-0352 crane@ bledsoelaw.com tmurray@ bledsoelaw.com Attomeys for Defendant BIG BROTHERS BIG SISTERS OF AMERICA SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MONTEREY 10 11 JANE BE DOE an individual, Case No. 21CV 000805 12 Plaintiffs, DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT’S 13 Vv. MOTION FOR SUMMARY JUDGMENT 14 BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation; BIG Courthouse: Monterey Superior Court 15 BROTHERS BIG SISTERS OF SALINA, Date: January 26, 2024 a Califomnia corporation; JON DAVID Time: 8:30 am. 16 WOODY, an individual; and DOES 1-50, Dept.: Department 15 inclusive, 17 Defendants. 18 19 I, Alison M. Crane, declare: 20 1 I am an attorney and partner at the law firm Bledsoe, Diestel, Treppa & Crane 21 LLP, attomeys of record for Defendant BIG BROTHERS BIG SISTERS OF AMERICA 22 (“BBBSA”) in the above-titled action. 23 1 I have personal knowledge of all facts stated herein, and if called as a witness 24 could and would competently testify to them under oath. 25 Attached hereto as Exhibit A is a true and correct copy of select excerpts from the 26 deposition of Julie Novak taken on November 17, 2022. 27 3 Attached hereto as Exhibit B are collectively true and correct copies of five 28 agreements between BBBSA and Big Brothers Big Sisters of Monterey County (“BBBSMC”) DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT dated 1989, 1991, 1993, 1995, and 2001. 4. Attached hereto as Exhibit C is a true and correct copy of the Articles of Incorporation for Big Brothers Big Sisters of the Salinas Valley and the Certificate of Amendment of Articles of Incorporation for BBBSMC as retrieved from the California Secretary of State website on October 5, 2023. 5 Attached hereto as Exhibit D is a true and correct copy of BBBSA’s National Standards dated 1996. 6 Attached hereto as Exhibit E is a true and correct copy of select portions of the BBBSMC records received by BBBSA in 2008 regarding Jon David Woody’s and Nancy 10 Woody’s (collectively “the Woodys”) application to BBBSMC. 11 7 Attached hereto as Exhibit F is a true and correct copy of a select portion of the 12 BBBSMC records received by BBBSA in 2008 regarding Plaintiff’ s participation with BBBSMC, 13 with Plaintiff’ s name redacted. 14 8 Attached hereto as Exhibit G is a true and correct copy of selection portions of the 15 transcript of the BBBSMC records received by BBBSA in 2008 regarding removing the Woody’s 16 from BBBSMC’s waitlist. 17 9 Attached hereto as Exhibit H is a true and correct copy of the Domestic Nonprofit 18 Corporation Certificate of Dissolution for BBBSMC as retrieved from the California Secretary of 19 State website on October 5, 2023. 20 10. Attached hereto as Exhibit I is a true and correct copy of Plaintiff's response to 21 BBBSA’s Request for Production, Set Two, No. 3 and the attached production regarding a Jon 22 David Woody in Texas. 23 11. Attached hereto as Exhibit J is a true and correct copy of Plaintiff’s First 24 Amended Complaint. 25 Ii/ 26 Ii/ 27 I 28 -2- DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on October 6, 2023, in Walnut Creek, California. Ko WAP Alison M. Crane 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT EXHIBIT A Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY JANE BE DOE, Plaintiff, vs. CASE NO. 21CV000805 BIG BROTHERS BIG SISTERS OF AMERICA, A CALIFORNIA CORPORATION; BIG BROTHERS BIG SISTERS OF MONTEREY COUNTY, A CALIFORNIA CORPORATION; BOYS & GIRLS CLUBS OF MONTEREY COUNTY, A CALIFORNIA CORPORATION; JON DAVID WOODY, AN INDIVIDUAL; AND DOES 1 - 50, INCLUSIVE, Defendants. VIDEOTAPED VIDEOCONFERENCE DEPOSITION OF JULIE NOVAK VOLUME TI NOVEMBER 17, 2022 REPORTED BY SANDRA NALLEY, CSR NO. 13607 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 10:37 1 BY MR. CUNNY: 10:37 2 Q. Okay. And just for our own nomenclature moving (10:373 forward, there's effectively two different types of (10:374 organizations that work with Big Brothers Big Sisters. (10:375 ‘There's organizations sponsoring and affiliated (10:376 organizations, correct? (10:377 A. The organizations sponsoring I -- I would (10:378 (10:379 Q. Okay. And can you just explain for the record ‘MS. MURRAY: Objection. Overbroad. ‘THE WITNESS: Aorganization sponsored is -- or ‘larger youth organization. A non-sponsored affiliated 10 38 19 BY MR. CUNNY: 10:38 20 Q Got you. So for example, an organization like 10:38 21 Boys & Girls Club that takes on an aspect of Big Brothers 10:38 22 Big Sisters for its organization, that would be a 10:38 23 sponsoring organization, correct? 10 38 24 MS. MURRAY: Objection. Calls for a legal 10 38 25 conclusion. Incomplete hypothetical. Vague. 31 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 11 53 2001 MAA, Bates BBBSA 1159 to 1172. And this first page 11 53 says, "Membership Affiliation Agreement with BBBS of 11 53 Monterey County, Monterey, California." 11 53 (Plaintiff's Exhibit 17 marked.) 11 53 BY MR. CUNNY: 11 53 Q Did you review this document in preparation for 11 53 your deposition here today? 11 53 A I believe so. 11 53 Q. Okay. It's a 14-page document. What's your understanding of what a member affiliation agreement is? A. It is an agreement that is signed by Big Brothers Big Sisters of America's leadership and the ‘local affiliates leadership that outlines requirements or Q. Okay. And when a local agency would not abide ‘MS. MURRAY: Objection. Incomplete hypothetical. Vague. Overbroad. Exceeds the scope of 60 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 11 54 BY MR. CUNNY: 11 54 Q You can answer. 11 54 A The -- depending on the time period. What time 11 54 period are you asking for? 11 54 Q So I guess with that response, would it change 11 55 depending -- would the actions that the national 11 55 organization would take for breach of this agreement 11 55 depend on the time frame in which the breach of that 11 55 agreement occurred? 11 55 10 MS. MURRAY: Same objections. 11 55 11 THE WITNESS: The affiliation agreements that 11 55 12 were signed by the national organization of locals were 11 55 13 modified over the course of time, so this document sets 11 55 14 out -- that we're looking at right now sets out a course 11 55 15 of action that the national office takes -- can take 11 55 16 around discovery of noncompliance. But I'm not -- I 11 55 17 don't believe those are always consistent affiliation 11 56 18 agreement -- affiliation agreement over time. 11 56 19 BY MR. CUNNY: 11 56 20 Q Okay. And would that depend on the local 11 56 21 affiliate as well as the time frame, meaning -- sorry. 11 56 22 That was a bad question. 11 56 23 So would the -- these agreements differ from 11 56 24 local affiliate to local affiliate? 11 56 25 MS. MURRAY: Objection. Overbroad as to scope 61 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America ‘11:56 1] and exceeds the scope of today's deposition. (156 2 ‘THE WITNESS: Not experience. in my (11:56 3] CUNNY: BY MR. (11:564 Q. Okay. However, over time, those agreements did (11:56 5] change, correct? (11:566 A. Correct, periodically. 11 56 7 Q Okay. 11 56 MR. CUNNY: Come back to that later. Almost 11 56 through with them. The next document will be Exhibit -- 11 56 10 17? 11 56 11 THE REPORTER: Eighteen. 11 56 12 MR. CUNNY: -- 18. This will be marked as 11 56 13 Exhibit 18. It's a document entitled 2003 Analysis, but 11 56 14 with -- 1999, 2003, 1150 to 1156. And it's a document 11 57 15 entitled "Big Brothers Big Sisters Report to Affiliates 11 57 16 on Child Safety and Youth Protection Across the Nation." 11 57 17 And the subtitle is "An Analysis of Child Sexual Abuse 11 57 18 Allegations for the Period 1999 through 2003." 11 57 19 (Plaintiff's Exhibit 18 marked.) 11 57 20 BY MR. CUNNY: 11 57 21 Q Is this a document you've ever reviewed in 11 57 22 preparation for your deposition here today? 11 57 23 A Yes. 11 57 24 Q ALL right. And generally speaking, what is 11 57 25 this document? 62 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 12 00 BBBSA 42 to 70. And this is a 29-page document that 12 00 says, "Standards and Required Procedures for One-to-One 12 00 Service." 12 00 (Plaintiff's Exhibit 20 marked.) 12 00 BY MR. CUNNY: 12 00 Q. Is this a document you reviewed in preparation (12:007 (12:018 AL Yes. ‘12:019 Q. And again, it's a 3@-page document, but A. It is the document I referenced that is alluded few minutes ago. That is -- that outlines the minimum 12 01 17 Q Okay. And it says, "One-to-One" with the 12 01 18 trademark sign. What does that refer to, One-to-One or 12 01 19 One-to-One Service? 12 01 20 A I'm not sure about the trademark, but Big 12 01 21 Brothers Big Sisters of America must own it, I would -- I 12 01 22 would imagine. And it's referring to the programmatic 12 02 23 model of one-to-one mentoring. 12 02 24 Q Okay. And when you say one-to-one mentoring, 12 02 25 is that the nature of the program, where one adult is 65 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 12 45 A No. 12 45 Q Okay. Have there ever been -- has there ever 12 45 been a prohibition against overnight trips or sleeps -- 12 45 sleepovers? 12 45 A The national standards that were recently 12 46 approved are different than the previous standards in 12 46 that they -- I don't remember what the language is, but 12 46 they're -- they're very much restricted. And that's an 12 46 affiliate decision -- a local affiliate decision to set 12 46 10 that standard -- 12 46 11 Q ALL right. 12 46 12 (Reporter clarification. ) 12 46 13 THE WITNESS: Cumulatively, that the agency 12 46 14 network, agent -- nationwide agency network determines 12 46 15 the standards that are presented to local affiliates and 12 46 16 voted on by local affiliates. 12 46 17 BY MR. CUNNY: 12 46 18 Q. Okay. And when those standards -- just A. The standards that are voted on by the Q. Correct. A. Voted by majority into effect, those are the 68 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 12:47 1 standards that agencies are required to follow. (12472 Q. Okay. (12473 A. You know, once they're in effect. 12 47 4 Q And this agency network, when did the voting 12 47 come into play for these sorts of standards? 12 47 MS. MURRAY: Objection. Vague and ambiguous as 12 47 to "voting come into play for these sorts of standards." 12 47 Overbroad as to time and scope. 12 47 THE WITNESS: I'm not sure I understand your 12 47 10 question, and it's -- there -- you know, structure varies 12 47 11 nationally over time. Can you be more specific? 12 47 12 BY MR. CUNNY: 12 47 13 Q. Sure. So maybe we'll start at the beginning of (12:47 14 our notice, in 1979. I presume that Big Brothers Big Sisters of America would put out some sort of standard ‘that local affiliates had to follow. Is that fair to ‘say? 12 48 18 MS. MURRAY: Objection. Overbroad in terms of 12 48 19 scope and time. We're dealing with a case from 2000 12 48 20 and -- 2000 to 2002, and so what occurred in 1979 is not 12 48 21 relevant. 12 48 22 BY MR. CUNNY: 12 48 23 Q You can answer. A. organization, The national from my experience -- again, I wasn't participating with the 69 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 12 48 organization or employed by or volunteering with any 12 48 organization that is an affiliate in that time period, 12 48 but my understanding of history is that the local 12 48 affiliate representatives were members of our national 12 48 board. That was the government's process, structure. 12 48 Over time that changed to a government structure that was 12 49 very much affiliate -- almost exclusively affiliate led 12 49 with local agency representation on a nationwide 12 49 leadership council. 12 49 10 My understanding is that standards have come 12 49 11 before -- been proposed by the affiliate network. 12 49 12 Certainly Big Brothers Big Sisters of America facilitated 12 49 13 that process to different degrees, different time 12 49 14 periods, but my understanding is that local agencies had 12 49 15 to approve those standards to go into effect. 12 49 16 Q Okay. So in the earliest -- we'll call it the 12 49 17 policy-making committee -- would be local affiliates, 12 49 18 they would have members of their organization who are 12 49 19 part of the national board? Do I have that right? 12 49 20 A There were national board seats reserved for 12 50 21 local affiliate elected representatives. 12 50 22 Q Okay. 12 50 23 A As part of the government structure, yes. 12 50 24 Q And who would those affiliates be elected by? 12 50 25 By the local affiliate organization or by somebody else? 70 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 12 50 A I believe the network. In my experience it was 12 50 the network of agencies. 12 50 Q Okay. And so that board would then vote on the 12 50 various rules for -- or minimum requirements for local 12 50 affiliates to be affiliated with Big Brother Big Sister 12 50 of America; is that accurate -- 12 50 MS. MURRAY: Objection. 12 50 BY MR. CUNNY: 12 50 Q -- at that time? 12 50 10 MS. MURRAY: Objection. Vague. Ambiguous. 12 50 11 Misstates testimony. 12 50 12 THE WITNESS: I believe that's accurate. 12 50 13 BY MR. CUNNY: 12 50 14 Q Okay. Do you know when that model changed to a 12 50 15 different type of model that we'll talk about right now? 12 50 16 A To the NLC structure, government structure, I 12 51 17 believe around 2000, 1998 to 2000. 12 51 18 Q Okay. So prior to that time frame, whether 12 51 19 1998, 2000, prior to then, the minimum requirements were 12 51 20 promulgated by that old national board from each local 12 51 21 organization, correct? 12 51 22 A Correct. Except that I -- there were also -- I 12 51 23 believe they were called at-large board members, so 12 51 24 there may be -- there were individuals that did not 12 51 25 represent a local agency on that national board as well, 71 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 12 51 from my understanding. 12 51 Q Okay. Got you. And so how did the structure 12 51 of the voting on the minimum requirements for local 12 51 affiliates change around that 1998, 2000 time frame? 12 52 MS. MURRAY: Objection. Exceeds the scope of 12 52 the deposition. Overbroad as to scope and time. 12 52 THE WITNESS: The entity called the nationwide 12 52 leadership council made up of entire -- entirely of local 12 52 affiliate representatives undertook the process of 12 52 10 determining standards, appropriate standards and making 12 52 11 any -- recommending any changes to the network of Big 12 52 12 Brothers Big Sisters agencies across the country, and 12 52 13 then they were voted on -- once recommended, they were 12 52 14 voted on by the body of local agencies. 12 52 15 BY MR. CUNNY: 12 52 16 Q Okay. And once they -- those various standards 12 52 17 were voted on, was there a booklet or a guide or some 12 52 18 rule book that was given to the local agencies or 12 52 19 affiliates explaining to them what the rules were that 12 52 20 were in effect? 12 53 21 A It depends on the time period that you're 12 53 22 referring to. Over time I think that process certainly 12 53 23 would have been different. 12 53 24 Q Okay. So prior to the 1998/2000 change in how 12 53 25 the voting was done on those requirements, were local 72 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 01 03 document being in effect, I believe it's 1996, June 22nd, 01 03 1996, this would have been a document that was approved 01 03 by local affiliates who were put on to the national 01 03 board, along with some others to vote on minimum 01 03 standards. Do I have that accurate? 01 03 A I'm sorry. Say that again. 01 04 Q Sure. So we talked earlier about that split in 01 04 how the voting happened for the minimum requirements to 01 04 be a local affiliate of Big Brothers Big Sisters of 01 04 10 America. Do you recall that testimony? 01 04 11 A Yes. 01 04 12 Q Okay. So since this happened in -- according 01 04 13 to the document, in June 22nd, 1996, this document would 01 04 14 have fallen under that old structure for voting, correct? 01 04 15 A I believe so. 01 04 16 Q. Okay. Sorry. Let me close that. So in this document it sets out a number of A. Correct. Q. Okay. So if you go down -- let's see. The acceptable service for Big Brothers/Big Sisters work. It 80 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 01 05 is our belief that any agency meeting these minimum 01 05 practice requirements will be providing all these 01 05 services to its clientele. Thus, by ensuring that all 01 05 BB/BSA affiliated agencies are providing service in 01 05 compliance with these standards, we can better protect 01 05 the children we serve and safeguard the integrity of the 01 05 match process." 01 05 For a local affiliate to have their formal 01 05 affiliation with Big Brothers Big Sisters of America, 01 05 10 this book at the time in 1996 and until a new version was 01 05 11 adopted were the rules that they had to follow, at least 01 05 12 some of the rules, correct? 01 05 13 MS. MURRAY: Objection. Incomplete 01 05 14 hypothetical. 01 06 15 THE WITNESS: This document, these required 01 06 16 policies and -- or -- or required standards, along with 01 06 17 the affiliation agreement would have been expected to be 01 06 18 followed by local -- by the -- local affiliates would be 01 06 19 expected to follow them by the national organization. 01 06 20 BY MR. CUNNY: 01 06 21 Q Okay. And I guess the next question is other 01 06 22 than the affiliate agreement and this document, 01 06 23 Exhibit 20, were there any other documents that were sort 01 06 24 of formalized procedures that needed to be followed by 01 06 25 the local affiliate to maintain their affiliation? 81 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 01:06 1 ‘MS. MURRAY: Objection. Overbroad as to time, 01:062 scope. Also exceeds the categories in this noticed 01:063 deposition. 01:064 ‘THE WITNESS: Not knowledge. to my 01:07 5 BY MR. CUNNY: 01 07 Q Okay. So actually, I have a couple of other 01 07 foundational areas I want to get to first and kind of 01 07 shifting gears. 01 07 With respect to Big Brothers Big Sisters of 01 07 10 America, beginning in 1979, did Big Brothers Big Sisters 01 07 11 of America keep files for volunteers at the national 01 07 12 level? 01 07 13 A No. 01 07 14 Q Has Big Brothers Big Sisters of America ever 01 07 15 kept files for volunteers at a national level? 01 07 16 MS. MURRAY: Objection. Overbroad and 01 07 17 ambiguous as to kept volunteer files. Overbroad as to 01 08 18 scope and time. 01 08 19 THE WITNESS: The national organization has a 01 08 20 Salesforce-based electronic data collection -- I forgot 01 08 21 the right word for it -- it's a CRM system in place 01 08 22 today, but the records on it are local affiliate records. 01 08 23 It was -- I'm not sure what the right 01 08 24 terminology is for it, but the records that are housed in 01 08 25 that system on an electronic basis are owned by local 82 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 02 15 document speaks for itself, given the fact that I don't 02 16 know that our deponent can summarize all 29 pages. 02 16 THE WITNESS: Okay. It's on -- Standard 17C on 02 17 Page 9. 02 17 BY MR. CUNNY: 02 17 Q. Okay. So looking at Exhibit 20, Page 9 o2:177 02:17 8 O2:17 9 A. Correct. Q. Okay. So the national organization requires A. Correct. Q. ‘Those criteria, are they developed solely by ‘MS. MURRAY: Vague and ambiguous as to the 113 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 02:18 1 ‘THE WITNESS: The local agencies would be 02:18 2 required to meet these standards as a minimum. Beyond 02:183 02:184 02:185 Q. Okay. So the actual criteria the local agency 02:18 6 02:187 A. Correct. 02:18 8 Q. All right. Bullet Point B says, "A written 02:18 9 AL It's-- ‘THE WITNESS: It is -- the process is 02 19 19 BY MR. CUNNY: 02 19 20 Q Okay. Then going down to C, it says, "The 02 19 21 agent -- agency shall obtain independent verification of 02 19 22 assessment information from at least three references 02 19 23 from individuals not related to the volunteer." 02 19 24 Is that the criteria related to personal 02 19 25 references for a potential volunteer? 114 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 02 19 A Correct. 02 19 Q Okay. It discusses assessment information, 02 19 verification of assessment information. What specific 02 19 assessment information is to be verified, if any, as 02 20 required by the national organization in that standard? 02 20 A This is going back a long time of my recall. 02 20 MS. MURRAY: Objection. That's overbroad as to 02 20 time. 02 20 THE WITNESS: The verification of assessment 02 20 10 information refers to the first line on 17, "The 02 20 11 volunteer intake process used by the agency shall assess 02 20 12 the volunteer's suitability for program service based 02 20 13 upon written material" -- 02 20 14 (Reporter clarification. ) 02 21 15 THE WITNESS: I believe I said "The volunteer 02 21 16 intake process," and I'm reading from the document, 02 21 17 No. 17, "The volunteer intake process used by the agency 02 21 18 shall assess the volunteer's suitability for program 02 21 19 service based upon written criteria for acceptance." 02 21 20 So in Subsection C, "The agency shall obtain 02 21 21 independent verification of assessment information from 02 21 22 at least three references from individuals not related to 02 21 23 the volunteer" is referring to the assessment. They're 02 21 24 confirming or verifying that their assessment is 02 21 25 accurate. 115 J ilio-Ryan Court Reporters ph. 714.424.9902 info@jilioryan.com Novak, J ulie Jane BE Doe v. Big Brothers Big Sisters of America 02 21 Q Okay. So the underlying assessment information 02 21 or categories of information, that's categories of 02 22 information created by the local agency that they're then 02 22 verifying, correct? 02 22 A Correct. 02 22 Q. Okay. The next line down, B -- the next bullet 02:227 point, I should say -- "The agency shall obtain arrest 02:22 8 and conviction records on the volunteer from local or 02:22 9 ‘legally permissible. Where such records are not Legally A. Correct. Q. And when it says local or state or national Law ‘MS. MURRAY: Objection. Overbroad as to time and scope. And incomplete hypothetical. Calls for an ‘THE WITNESS: That would have been a local 116