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1 JEFFREY E. TSAI (SBN 226081)
jeff.tsai@us.dlapiper.com
2 KATHLEEN S. KIZER (SBN 246035)
kathy.kizer@us.dlapiper.com
3
DLA PIPER LLP (US)
4 555 Mission Street, Suite 2400
San Francisco, California 94105-2933
5 Tel: 415.836.2500 | Fax: 415.836.2501
6 Attorneys for Defendants
CELESTE WHITE, DR. ROBERT WHITE, and
7
THE VALLEY ROCK FOUNDATION
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF NAPA
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LISA KEITH, an individual, CASE NO. 22CV001269
13
Plaintiff, DECLARATION OF KATHLEEN KIZER IN
14 SUPPORT OF DEFENDANTS’ REPLY TO
v. MOTION FOR ISSUE, EVIDENCE, AND
15 TERMINATING SANCTIONS AGAINST
CELESTE WHITE, an individual, ROBERT PLAINTIFF LISA KEITH FOR VIOLATING
16 WHITE, an individual, the VALLEY ROCK COURT ORDER COMPELLING RESPONSES
FOUNDATION, aka THE BAR 49 TO DISCOVERY
17 FOUNDATION, a charitable organization,
and DOES 1-50, INCLUSIVE,
18 Date: November 6, 2023
Defendants. Time: 8:30 a.m.
19 Judge: Scott R.L. Young
Dept.: B
20 Complaint Filed: October 25, 2022
FAC Filed: March 8, 2023
21 Trial Date: April 2, 2024
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-1-
DECLARATION OF KATHLEEN KIZER ISO DEFENDANTS’ REPLY TO MOTION FOR SANCTIONS
CASE NO. 22CV001269
1 I, Kathleen S. Kizer, declare as follows:
2 1. I am Of Counsel at DLA Piper LLP (US) (“DLA Piper”), attorneys for Defendants
3 Celeste White, Dr. Robert White, and the Valley Rock Foundation (“Foundation”), in this action. I
4 submit this declaration in support of Defendants Valley Rock Foundation’s and Dr. Robert
5 White’s Reply to their Motion for Issue, Evidence, and/or Terminating Sanctions Against Plaintiff
6 Lisa Keith for Violating Court Order Compelling Responses to Discovery (the “Motion for
7 Sanctions”). This declaration is based on my personal knowledge. If called to testify, I could and
8 would testify competently to the matters herein.
9 2. Plaintiff’s attorney, Angie Lam, first contacted me about her inability to download
10 Defendants’ document production on June 26, 2023. I responded promptly by email, inquiring
11 whether she continued to represent Plaintiff in light of the Substitution of Attorney her firm had
12 served on Defendants and which Plaintiff’s counsel had failed to explain despite our June 15 letter
13 inquiring about it. I also explained to Ms. Lam that DLA Piper’s records showed that Arlyne Mata
14 of the Johnston, Kinney & Zulaica LLP law firm had downloaded the production on May 24,
15 2023. I received no response to my email, and Ms. Lam has never explained what happened to the
16 download obtained by Ms. Mata. A true and correct copy of the foregoing email communications
17 is attached hereto as Exhibit T and incorporated herein by this reference.
18 3. Later, when Plaintiff’s counsel again mentioned their inability to download
19 Defendants’ document production, it seemed to be a strategy to deflect attention from Plaintiff’s
20 failure to produce documents. We responded, explaining again that Arlyne Mata at Plaintiff’s
21 counsel’s firm had already downloaded the documents on May 24. Nonetheless, we offered to
22 recirculate the link to download Defendants’ documents upon Plaintiff’s counsel’s confirmation
23 that they still needed it. A true and correct copy of a letter from Jeff Tsai offering to recirculate the
24 link to download the documents is attached hereto as Exhibit U and incorporated herein by this
25 reference.
26 4. Plaintiff’s counsel did not respond to the offer in that letter. Nonetheless, our
27 discovery team recirculated the link. See the Declaration of Dennis Kiker submitted concurrently
28 herewith.
-2-
DECLARATION OF KATHLEEN KIZER ISO DEFENDANTS’ REPLY TO MOTION FOR SANCTIONS
CASE NO. 22CV001269
1 5. Attached hereto as Exhibit V and incorporated herein by this reference is a copy of
2 a document produced by Plaintiff in which she stated that her communications with her siblings
3 about the press releases “were mainly over text.”
4 I declare under penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct. Executed on October 31, 2023, at Oakland, California.
6 /s/ Kathleen S. Kizer
Kathleen S. Kizer
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-3-
DECLARATION OF KATHLEEN KIZER ISO DEFENDANTS’ REPLY TO MOTION FOR SANCTIONS
CASE NO. 22CV001269
EXHIBIT T
000004
Kizer, Kathy
From: Kizer, Kathy
Sent: Monday, June 26, 2023 12:34 PM
To: Angie Lam; Kiker, Dennis
Cc: Tsai, Jeff; McCaffrey, Amanda; Perez, Christina; John Rueppel; Carolina Ramos; Arlyne
Mata
Subject: RE: Keith v. White - Document Production
Hi Angie,
Can you please clarify your firm’s status in light of the Substitution of Attorney you mailed to us and our June 15, 2023
responsive letter, to which we have not received a response?
Also, our firm’s records show that Arlyne Mata downloaded Defendants’ document production on 5/24/2023.
Kathleen S. Kizer
Of Counsel
T +1 415 615 6003
F +1 415 659 7303
M +1 415 994 5822
kathy.kizer@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
From: Angie Lam
Sent: Monday, June 26, 2023 12:06 PM
To: Kiker, Dennis
Cc: Kizer, Kathy ; Tsai, Jeff ; McCaffrey, Amanda
; Perez, Christina ; John Rueppel
; Carolina Ramos ; Arlyne Mata
Subject: RE: Keith v. White - Document Production
EXTERNAL MESSAGE
Mr. Kiker,
I am unable to login to download the production and privilege log - please assist.
Thank you.
1
000005
t : )PIPER
♦ Usemame or Password was incorrect.
Company Employee Sig n In Sign ln
Share File is• !iilfe. secure method for shanng files. To Email. •
eicc:eu, ust '/tNf ACtJW;Dif ect01:,ciedfl'lt.els.
afQie lam@JkZlp com
0 Remember Me
""""""""""
Angie Lam
Associate Attorney
JOHNSTON,K I NNEY
& ZULAICA LL P
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
w w w . j k z l l p . c o m /espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended
for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing,
or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall
not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance
Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank
you.
From: Kiker, Dennis
Sent: Tuesday, May 23, 2023 4:14 PM
To: John Rueppel ; Angie Lam
Cc: Kizer, Kathy ; McCaffrey, Amanda ; Perez,
Christina
Subject: Keith v. White - Document Production
[EXTERNAL]
Counsel,
2
000006
Defendants are producing volume VRF001. Please see the attached letter. Production details are shown below. You
will receive a separate email from ShareFile with a link to download the production and privilege log.
Production Volume: VRF001
Bates Range: VRF0000001 - VRF0000177
Document Count: 82
Total Image Count: 177
Docs With Redactions: 4
Zip Password: 6rM4-M%F
Please let us know if you have any questions.
Regards,
Dennis Russell Kiker
Senior Attorney
T +1 480 606 5143 DLA Piper LLP (US)
F +1 703 773 5111 One Fountain Square
M +1 804 350 8444 11911 Freedom Drive, Suite 300
O +1 703 773 4111 Reston, VA 20190-5602
dennis.kiker@us.dlapiper.com
t;l:\IPER dlapiper.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure,
dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this
communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
postmaster@dlapiper.com. Thank you.
3
000007
EXHIBIT U
000008
DLA Piper LLP (US)
555 Mission Street, Suite 2400
San Francisco, California 94105
rDLA,IPER www.dlapiper.com
Jeffrey Tsai
Managing Partner, San Francisco
jeff.tsai@dlapiper.com
T 415.615.6055
F 415.659.7380
October 20, 2023
Via Email: John@jkzllp.com & Angie.Lam@jkzllp.com
John Rueppel
Angie Lam
Johnston, Kinney & Zulaica LLP
101 Montgomery Street, Suite 1600
San Francisco, California 94104
Re: Keith v. White, et al. – Keith’s Document Production
Dear Mr. Rueppel:
We write in response to your October 20th letter requesting that
Defendants take their motion for sanctions off calendar in light of Plaintiff’s stated
anticipation of producing all responsive emails by October 23, 2023.
Defendants’ Document Production
In connection with your inquiry about our document production, I
would like to clarify several issues. We have confirmed that Arlyne Mata of your
firm successfully downloaded Defendants’ document production almost five months
ago on May 24, 2023 – and one day after Defendants served them by transmitting a
link for the download.
Despite the successful download, your colleague Ms. Lam indicated on
June 26, 2023, an inability to download the files. We promptly responded to her
email and sought clarification of her request for a new download link in light of the
Substitution of Attorney your firm had served on us. (See attached.) We received no
response to our email.1
1 Notably, Plaintiff and Ms. Lam both stated under penalty of perjury in
declarations filed with the Court in connection with Plaintiff’s Motion for Relief
from Waiver that your firm did not represent Plaintiff on June 26, 2023.
000009
[oLJIPER
J. Rueppel, et al.
October 10, 2023
Page Two
Your letter’s suggestion that Defendants have failed to comply with
their discovery obligations is false. And, to be sure, you and your client have long
missed the deadline to file any motion to compel against Defendants with respect to
their May 24th production. We are, however, willing to recirculate a link for our
document production. Please confirm if you would like a new link for the production.
Plaintiff’s Document Production
We have several corrections as to your letter’s representations
regarding your document production process.
First, we again dispute your characterization that the Court’s Order
granting Defendants’ motion to compel responses somehow broadened Plaintiff’s
obligation to collect and review all documents, including emails, responsive to
Defendants’ requests. That order merely declared that Plaintiff had waived all
objections, including objections based on the attorney-client privilege and work-
product doctrine. Plaintiff was always obligated to undertake a collection of emails
responsive to Defendants’ April 5, 2023 document requests.2
Second, to correct the record, we first learned of Plaintiff’s retention of
an e-discovery vendor on September 19, 2023 – 5 months after Defendants
propounded their document requests, nearly a month after the Court-ordered
August 21 deadline, and a week after you declared Plaintiff’s document production
completed.
Third, Plaintiff’s “facts” regarding her document collection continue to
change and the date for production keeps getting pushed further into the future.
You previously declared her production complete on September 12, 2023. But you
finally retained a document collection vendor on September 19, 2023. On October
2 And as her attorneys, your firm had an obligation to oversee Plaintiff’s
document collection rather than relying on your client to handpick the documents
she wanted to produce. (See Formal Opinion 2015-193, State Bar of California
Committee on Professional Responsibility and Conduct [attorneys handling e-
Discovery must implement ESI preservation, analyze and understand a client’s ESI
systems and storage, collect responsive ESI in a manner that preserves the
integrity of that ESI, and produce responsive ESI in a recognized and appropriate
matter].)
000010
[oLJIPER
J. Rueppel, et al.
October 10, 2023
Page Three
3rd, you requested an extension to October 15, 2023, wrote that you had identified
approximately 1,624 emails, and stated you “should have them reviewed by
October 20, 2023.” Now you claim to have 9000+ emails that you received on
October 16, 2023. And you now claim you “anticipate producing them by October
23.”
In light of these ever-changing representations, Defendants have no
confidence that Plaintiff will comply with her discovery obligations absent a further
Court order. Moreover, Plaintiff’s disregard of the Court order compelling responses
entitles Defendants to the sanctions they seek. Accordingly, there is no good-faith
basis or legitimate reason for Defendants to take the motion off calendar.
Fourth, your threat of seeking retaliatory sanctions as a consequence
of Defendants seeking judicial relief for your and your client’s discovery violations is
dangerous, and we urge you to proceed carefully. In the event you possess legal
authority that speaks to these factual circumstances and seeking sanctions under
such circumstances, please send the authority to us so that we can consider it.
* * *
As always, we are available to discuss if you have any questions.
Respectfully yours,
FOR CELESTE WHITE, DR. ROBERT
WHITE, and THE VALLEY ROCK
FOUNDATION
Jeff Tsai
cc: Kathy Kizer
Emily Margolis
DLA Piper LLP (US)
000011
Kizer, Kathy
From: Kizer, Kathy
Sent: Monday, June 26, 2023 12:34 PM
To: Angie Lam; Kiker, Dennis
Cc: Tsai, Jeff; McCaffrey, Amanda; Perez, Christina; John Rueppel; Carolina Ramos; Arlyne
Mata
Subject: RE: Keith v. White - Document Production
Hi Angie,
Can you please clarify your firm’s status in light of the Substitution of Attorney you mailed to us and our June 15, 2023
responsive letter, to which we have not received a response?
Also, our firm’s records show that Arlyne Mata downloaded Defendants’ document production on 5/24/2023.
Kathleen S. Kizer
Of Counsel
T +1 415 615 6003
F +1 415 659 7303
M +1 415 994 5822
kathy.kizer@us.dlapiper.com
DLA Piper LLP (US)
dlapiper.com
From: Angie Lam
Sent: Monday, June 26, 2023 12:06 PM
To: Kiker, Dennis
Cc: Kizer, Kathy ; Tsai, Jeff ; McCaffrey, Amanda
; Perez, Christina ; John Rueppel
; Carolina Ramos ; Arlyne Mata
Subject: RE: Keith v. White - Document Production
EXTERNAL MESSAGE
Mr. Kiker,
I am unable to login to download the production and privilege log - please assist.
Thank you.
1
000012
t : )PIPER
♦ Usemame or Password was incorrect.
Company Employee Sig n In Sign ln
Share File is• !iilfe. secure method for shanng files. To Email. •
eicc:eu, ust '/tNf ACtJW;Dif ect01:,ciedfl'lt.els.
afQie lam@JkZlp com
0 Remember Me
""""""""""
Angie Lam
Associate Attorney
JOHNSTON,K I NNEY
& ZULAICA LL P
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
w w w . j k z l l p . c o m /espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended
for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing,
or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall
not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance
Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank
you.
From: Kiker, Dennis
Sent: Tuesday, May 23, 2023 4:14 PM
To: John Rueppel ; Angie Lam
Cc: Kizer, Kathy ; McCaffrey, Amanda ; Perez,
Christina
Subject: Keith v. White - Document Production
[EXTERNAL]
Counsel,
2
000013
Defendants are producing volume VRF001. Please see the attached letter. Production details are shown below. You
will receive a separate email from ShareFile with a link to download the production and privilege log.
Production Volume: VRF001
Bates Range: VRF0000001 - VRF0000177
Document Count: 82
Total Image Count: 177
Docs With Redactions: 4
Zip Password: 6rM4-M%F
Please let us know if you have any questions.
Regards,
Dennis Russell Kiker
Senior Attorney
T +1 480 606 5143 DLA Piper LLP (US)
F +1 703 773 5111 One Fountain Square
M +1 804 350 8444 11911 Freedom Drive, Suite 300
O +1 703 773 4111 Reston, VA 20190-5602
dennis.kiker@us.dlapiper.com
t;l:\IPER dlapiper.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure,
dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this
communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
postmaster@dlapiper.com. Thank you.
3
000014
EXHIBIT V
000015
From: Angie Lam
Sent: Mon 9/11/2023 10:43:32 PM (UTC)
To: Lisa Keith
Subject: FW: Copies of Emails
Attachment: Emails 09.08.23.pdf
I External Sender:
Angie Lam
Associate Attorney
JOHNSTON,K I NNEY
& ZULAICA LL P
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
www.jkzllp.com/espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and
privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive
the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund
v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the
sender. Thank you.
000016
From: Lisa Keith
Sent: Friday, September 8, 2023 12:21 PM
To: Angie Lam
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
[EXTERNAL]
I am attaching all the emails that I have access to. Not many. For most of my correspondence before
I engaged with your firm was from my personal email account: lisa@lisakeith.com. The server for
that account is Earthlink. Earthlink does not keep on their server (at least what the consumer/I can
see) past a certain time and amount. The server shows emails back to only 12/2022.
Secondly, the laptop that I am using is new as-of last Fall. So on my hard drive of this laptop I do not
have emails before 11/2022. I got a new computer then because the other one broke down. I will
have to see if there is any way to get the emails from that older computer.
In the meantime I have attached the only relevant emails that I have.
Also, I believe I sent you copies of text messages with my siblings about the press releases. Please let
me know if I need to resend. Our communications were mainly over text.
I’ll look tonight to see if I can access somehow the old computer’s hard drive.
Lisa
Lisa Keith
Broker Associate
650.703.8644
l.keith@ggsir.com
Lic.# 00882247
IG selling_siliconvalley
Golden I Sotheby"s
Gate NITJ:H•Ttn""' ~f"1fY
From: Angie Lam
Sent: Wednesday, September 6, 2023 2:01 PM
To: Lisa Keith
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
000017
I
Caution: This email originated from outside GGSIR company email platforms. If it looks suspicious, click the PhishAlert
Button in the Outlook Toolbar (instructions) or forward to IThelp@ggsir.com.
Hi Lisa,
While you’re working on gathering the emails, can you let me know which email server you are using?
I’m trying to figure out what would be the most economical and efficient way to compile these
emails.
Thanks!
Angie
Angie Lam
Associate Attorney
JOHNSTON,K I NNEY
& ZULAICA LL P
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
w w w . j k z l l p . c o m /espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and
privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive
the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund
v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the
000018
sender. Thank you.
From: Angie Lam
Sent: Tuesday, September 5, 2023 9:27 AM
To: Lisa Keith
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
Hi Lisa,
I would say as soon as possible as we still need time to review the emails before we produce it to the
opposing counsel.
Angie Lam
Associate Attorney
■ JOHNSTON,K II NNEY
& ZULAICA LL P
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
w w w . j k z l l p . c o m /espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and
privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive
the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund
v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the
sender. Thank you.
From: Lisa Keith
000019
Sent: Friday, September 1, 2023 1:11 PM
To: Angie Lam
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
[EXTERNAL]
Okay – is there a deadline? Thanks!
Lisa Keith
Broker Associate
650.703.8644
l.keith@ggsir.com
Lic.# 00882247
IG selling_siliconvalley
Golden I Sotheby's
Gate N1r-1:H•Ttnl\W ~fair,
From: Angie Lam
Sent: Thursday, August 31, 2023 10:27 AM
To: Lisa Keith
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
If you’re able to find any emails with your siblings regarding the Defendants or the press releases,
then sure, feel free to include it and we will review for relevancy.
Angie Lam
Associate Attorney
JOHNS T ON,K I NNEY
& ZULAICA LL P
000020
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
w w w . j k z l l p . c o m /espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and
privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive
the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund
v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the
sender. Thank you.
From: Lisa Keith
Sent: Wednesday, August 30, 2023 4:38 PM
To: Angie Lam
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
[EXTERNAL]
The requests seem to include my siblings. Those as well?
Lisa Keith
Broker Associate
650.703.8644
l.keith@ggsir.com
Lic.# 00882247
IG selling_siliconvalley
000021
Golden I Sotheb y -'s
Gate NIT •~Ttnr.w ~ra1rr
From: Angie Lam
Sent: Wednesday, August 30, 2023 3:10 PM
To: Lisa Keith
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
Hi Lisa,
For the first step, we need to determine how many emails that you have that will be responsive to
the requests #4 and #5 highlighted below. After that, we will need to review the emails for relevancy
and then assign it to either request #4 or #5. The scope will include emails between you, Dom, Evan,
John, me, individually and as a group.
.:. . lll~llll.Nm; HliU m~urn,;. KtL."\ 1 11 IJ 1 'V lll~ 1 .'U'A '\,' iil,LI:: J KJ:..\Jul::> 1 tK ."\.K 111... L t.
_6 REOl T FOR PROD TCTIO~ 0. ~:
7 All cm•.mvruNTCATIO st ·,11 an;rp 1 ·on. iu ludm~ but u r limit d to Domini Campi -i.
Timothy Keith. Richard Keith. Darlene K:cirb. Da ·id Keitll. Roxann Keitll. and oth family
.5.
D.El' \" ALLEY ROCK O DAHON'S IIBQ "I! ST FOR PRODUCTION TO FL. U. TONE
CASE NO. E?C\"001269
l m mbet aud fri uds. RELATING TO tl'te DEFENDANTS from April L 20 0. to Oc:tob 22.
2 022:.
4 All CO1\.'J]v.lIJNICATIO St ·,11 any p I on. in ludiJl!! b tu r liuli.ted to Timothy K i ll:i.
Richard Keith. Darlene Keith. •avid Keith. Roxanue Keith. and other family members and
6 ftieuds. R..ELA T G TO tlie PRES RELEA
Angie Lam
Associate Attorney
000022
JOHNSTON,K I NNEY
& ZULAICA LL P
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
w w w . j k z l l p . c o m /espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and
privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive
the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund
v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the
sender. Thank you.
From: Lisa Keith
Sent: Wednesday, August 30, 2023 1:27 PM
To: Angie Lam
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: RE: Copies of Emails
[EXTERNAL]
Are you asking for all emails between Dom and me or between me, Dom and Evan as a group? And
for what period of time?
Lisa Keith
Broker Associate
000023
650.703.8644
l.keith@ggsir.com
Lic.# 00882247
IG selling_siliconvalley
Golden I Sotheby-'s
Gate oclft• liTHlrw Uatfr
From: Angie Lam
Sent: Wednesday, August 30, 2023 11:49 AM
To: Lisa Keith
Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo
Subject: Copies of Emails
Hi Lisa,
Hope all is well with you.
Circling back to the document production, we have forwarded the documents you had previously
provided to the opposing counsel.
The next step is to determine how we can efficiently retrieve and produce your old emails pertaining
to the prior trust matter between you, Dom, and Evan, as well as the emails between you, John, and
I.
Which email provider do you use? Can you try doing a search in your email box to see how many
emails it will pull/generate?
If realistically possible, will you be able to send over a PDF of the emails so that we can determine the
size/volume of the emails?
Feel free to call me and discuss also.
Thanks,
Angie
Angie Lam
Associate Attorney
000024
JOHNSTON,K I NNEY
& ZULAICA LL P
Johnston, Kinney & Zulaica LLP
101 Montgomery Street
Suite 1600
San Francisco, CA 94104
Main Office 415.693.0550
Fax 415.693.0500
www.jkzllp.com
w w w . j k z l l p . c o m /espanol
Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/
CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and
privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you
are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this
communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive
the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund
v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the
sender. Thank you.
000025
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
3 I am employed in the County of San Francisco, State of California. I am over the age of 18
4 and not a party to the within action; my business address is: 555 Mission Street, Suite 2400, San
5 Francisco, California 94105-2933.
6 On October 31, 2023, I served the document described as:
7 DECLARATION OF KATHLEEN KIZER IN SUPPORT OF
DEFENDANTS’ REPLY TO MOTION FOR ISSUE, EVIDENCE, AND
8 TERMINATING SANCTIONS AGAINST PLAINTIFF LISA KEITH
FOR VIOLATING COURT ORDER COMPELLING RESPONSES TO
9 DISCOVERY
10 on the following:
11 John S. Rueppel
12 Evan D. Winet
JOHNSTON, KINNEY & ZULAICA LLP
13 101 Montgomery Street, Suite 1600
San Francisco, California 94104
14 T: 415.693.0550
F: 415.693.0500
15 E: john@jkzllp.com
16 evan@jkzllp.com
Attorneys for Plaintiff Lisa Keith
17
I transmitted copies of the document described above via e-mail to the persons at the email
18
addresses set forth above pursuant to the parties’ mutual agreement on or about March 21, 2023,
19
to provide service by e-mail.
20
I declare under penalty of perjury under the laws of the State of California that the above is
21
true and correct.
22
Executed on October 31, 2023, at San Francisco, California.
23
24
Christina Perez
25
26
27
28
PROOF OF SERVICE
ACTIVE\1605010022.1
Preview
1 JEFFREY E. TSAI (SBN 226081) jeff.tsai@us.dlapiper.com 2 KATHLEEN S. KIZER (SBN 246035) kathy.kizer@us.dlapiper.com 3 DLA PIPER LLP (US) 4 555 Mission Street, Suite 2400 San Francisco, California 94105-2933 5 Tel: 415.836.2500 | Fax: 415.836.2501 6 Attorneys for Defendants CELESTE WHITE, DR. ROBERT WHITE, and 7 THE VALLEY ROCK FOUNDATION 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF NAPA 11 12 LISA KEITH, an individual, CASE NO. 22CV001269 13 Plaintiff, DECLARATION OF KATHLEEN KIZER IN 14 SUPPORT OF DEFENDANTS’ REPLY TO v. MOTION FOR ISSUE, EVIDENCE, AND 15 TERMINATING SANCTIONS AGAINST CELESTE WHITE, an individual, ROBERT PLAINTIFF LISA KEITH FOR VIOLATING 16 WHITE, an individual, the VALLEY ROCK COURT ORDER COMPELLING RESPONSES FOUNDATION, aka THE BAR 49 TO DISCOVERY 17 FOUNDATION, a charitable organization, and DOES 1-50, INCLUSIVE, 18 Date: November 6, 2023 Defendants. Time: 8:30 a.m. 19 Judge: Scott R.L. Young Dept.: B 20 Complaint Filed: October 25, 2022 FAC Filed: March 8, 2023 21 Trial Date: April 2, 2024 22 23 24 25 26 27 28 -1- DECLARATION OF KATHLEEN KIZER ISO DEFENDANTS’ REPLY TO MOTION FOR SANCTIONS CASE NO. 22CV001269 1 I, Kathleen S. Kizer, declare as follows: 2 1. I am Of Counsel at DLA Piper LLP (US) (“DLA Piper”), attorneys for Defendants 3 Celeste White, Dr. Robert White, and the Valley Rock Foundation (“Foundation”), in this action. I 4 submit this declaration in support of Defendants Valley Rock Foundation’s and Dr. Robert 5 White’s Reply to their Motion for Issue, Evidence, and/or Terminating Sanctions Against Plaintiff 6 Lisa Keith for Violating Court Order Compelling Responses to Discovery (the “Motion for 7 Sanctions”). This declaration is based on my personal knowledge. If called to testify, I could and 8 would testify competently to the matters herein. 9 2. Plaintiff’s attorney, Angie Lam, first contacted me about her inability to download 10 Defendants’ document production on June 26, 2023. I responded promptly by email, inquiring 11 whether she continued to represent Plaintiff in light of the Substitution of Attorney her firm had 12 served on Defendants and which Plaintiff’s counsel had failed to explain despite our June 15 letter 13 inquiring about it. I also explained to Ms. Lam that DLA Piper’s records showed that Arlyne Mata 14 of the Johnston, Kinney & Zulaica LLP law firm had downloaded the production on May 24, 15 2023. I received no response to my email, and Ms. Lam has never explained what happened to the 16 download obtained by Ms. Mata. A true and correct copy of the foregoing email communications 17 is attached hereto as Exhibit T and incorporated herein by this reference. 18 3. Later, when Plaintiff’s counsel again mentioned their inability to download 19 Defendants’ document production, it seemed to be a strategy to deflect attention from Plaintiff’s 20 failure to produce documents. We responded, explaining again that Arlyne Mata at Plaintiff’s 21 counsel’s firm had already downloaded the documents on May 24. Nonetheless, we offered to 22 recirculate the link to download Defendants’ documents upon Plaintiff’s counsel’s confirmation 23 that they still needed it. A true and correct copy of a letter from Jeff Tsai offering to recirculate the 24 link to download the documents is attached hereto as Exhibit U and incorporated herein by this 25 reference. 26 4. Plaintiff’s counsel did not respond to the offer in that letter. Nonetheless, our 27 discovery team recirculated the link. See the Declaration of Dennis Kiker submitted concurrently 28 herewith. -2- DECLARATION OF KATHLEEN KIZER ISO DEFENDANTS’ REPLY TO MOTION FOR SANCTIONS CASE NO. 22CV001269 1 5. Attached hereto as Exhibit V and incorporated herein by this reference is a copy of 2 a document produced by Plaintiff in which she stated that her communications with her siblings 3 about the press releases “were mainly over text.” 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct. Executed on October 31, 2023, at Oakland, California. 6 /s/ Kathleen S. Kizer Kathleen S. Kizer 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF KATHLEEN KIZER ISO DEFENDANTS’ REPLY TO MOTION FOR SANCTIONS CASE NO. 22CV001269 EXHIBIT T 000004 Kizer, Kathy From: Kizer, Kathy Sent: Monday, June 26, 2023 12:34 PM To: Angie Lam; Kiker, Dennis Cc: Tsai, Jeff; McCaffrey, Amanda; Perez, Christina; John Rueppel; Carolina Ramos; Arlyne Mata Subject: RE: Keith v. White - Document Production Hi Angie, Can you please clarify your firm’s status in light of the Substitution of Attorney you mailed to us and our June 15, 2023 responsive letter, to which we have not received a response? Also, our firm’s records show that Arlyne Mata downloaded Defendants’ document production on 5/24/2023. Kathleen S. Kizer Of Counsel T +1 415 615 6003 F +1 415 659 7303 M +1 415 994 5822 kathy.kizer@us.dlapiper.com DLA Piper LLP (US) dlapiper.com From: Angie Lam Sent: Monday, June 26, 2023 12:06 PM To: Kiker, Dennis Cc: Kizer, Kathy ; Tsai, Jeff ; McCaffrey, Amanda ; Perez, Christina ; John Rueppel ; Carolina Ramos ; Arlyne Mata Subject: RE: Keith v. White - Document Production EXTERNAL MESSAGE Mr. Kiker, I am unable to login to download the production and privilege log - please assist. Thank you. 1 000005 t : )PIPER ♦ Usemame or Password was incorrect. Company Employee Sig n In Sign ln Share File is• !iilfe. secure method for shanng files. To Email. • eicc:eu, ust '/tNf ACtJW;Dif ect01:,ciedfl'lt.els. afQie lam@JkZlp com 0 Remember Me """""""""" Angie Lam Associate Attorney JOHNSTON,K I NNEY & ZULAICA LL P Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com w w w . j k z l l p . c o m /espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank you. From: Kiker, Dennis Sent: Tuesday, May 23, 2023 4:14 PM To: John Rueppel ; Angie Lam Cc: Kizer, Kathy ; McCaffrey, Amanda ; Perez, Christina Subject: Keith v. White - Document Production [EXTERNAL] Counsel, 2 000006 Defendants are producing volume VRF001. Please see the attached letter. Production details are shown below. You will receive a separate email from ShareFile with a link to download the production and privilege log. Production Volume: VRF001 Bates Range: VRF0000001 - VRF0000177 Document Count: 82 Total Image Count: 177 Docs With Redactions: 4 Zip Password: 6rM4-M%F Please let us know if you have any questions. Regards, Dennis Russell Kiker Senior Attorney T +1 480 606 5143 DLA Piper LLP (US) F +1 703 773 5111 One Fountain Square M +1 804 350 8444 11911 Freedom Drive, Suite 300 O +1 703 773 4111 Reston, VA 20190-5602 dennis.kiker@us.dlapiper.com t;l:\IPER dlapiper.com The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. 3 000007 EXHIBIT U 000008 DLA Piper LLP (US) 555 Mission Street, Suite 2400 San Francisco, California 94105 rDLA,IPER www.dlapiper.com Jeffrey Tsai Managing Partner, San Francisco jeff.tsai@dlapiper.com T 415.615.6055 F 415.659.7380 October 20, 2023 Via Email: John@jkzllp.com & Angie.Lam@jkzllp.com John Rueppel Angie Lam Johnston, Kinney & Zulaica LLP 101 Montgomery Street, Suite 1600 San Francisco, California 94104 Re: Keith v. White, et al. – Keith’s Document Production Dear Mr. Rueppel: We write in response to your October 20th letter requesting that Defendants take their motion for sanctions off calendar in light of Plaintiff’s stated anticipation of producing all responsive emails by October 23, 2023. Defendants’ Document Production In connection with your inquiry about our document production, I would like to clarify several issues. We have confirmed that Arlyne Mata of your firm successfully downloaded Defendants’ document production almost five months ago on May 24, 2023 – and one day after Defendants served them by transmitting a link for the download. Despite the successful download, your colleague Ms. Lam indicated on June 26, 2023, an inability to download the files. We promptly responded to her email and sought clarification of her request for a new download link in light of the Substitution of Attorney your firm had served on us. (See attached.) We received no response to our email.1 1 Notably, Plaintiff and Ms. Lam both stated under penalty of perjury in declarations filed with the Court in connection with Plaintiff’s Motion for Relief from Waiver that your firm did not represent Plaintiff on June 26, 2023. 000009 [oLJIPER J. Rueppel, et al. October 10, 2023 Page Two Your letter’s suggestion that Defendants have failed to comply with their discovery obligations is false. And, to be sure, you and your client have long missed the deadline to file any motion to compel against Defendants with respect to their May 24th production. We are, however, willing to recirculate a link for our document production. Please confirm if you would like a new link for the production. Plaintiff’s Document Production We have several corrections as to your letter’s representations regarding your document production process. First, we again dispute your characterization that the Court’s Order granting Defendants’ motion to compel responses somehow broadened Plaintiff’s obligation to collect and review all documents, including emails, responsive to Defendants’ requests. That order merely declared that Plaintiff had waived all objections, including objections based on the attorney-client privilege and work- product doctrine. Plaintiff was always obligated to undertake a collection of emails responsive to Defendants’ April 5, 2023 document requests.2 Second, to correct the record, we first learned of Plaintiff’s retention of an e-discovery vendor on September 19, 2023 – 5 months after Defendants propounded their document requests, nearly a month after the Court-ordered August 21 deadline, and a week after you declared Plaintiff’s document production completed. Third, Plaintiff’s “facts” regarding her document collection continue to change and the date for production keeps getting pushed further into the future. You previously declared her production complete on September 12, 2023. But you finally retained a document collection vendor on September 19, 2023. On October 2 And as her attorneys, your firm had an obligation to oversee Plaintiff’s document collection rather than relying on your client to handpick the documents she wanted to produce. (See Formal Opinion 2015-193, State Bar of California Committee on Professional Responsibility and Conduct [attorneys handling e- Discovery must implement ESI preservation, analyze and understand a client’s ESI systems and storage, collect responsive ESI in a manner that preserves the integrity of that ESI, and produce responsive ESI in a recognized and appropriate matter].) 000010 [oLJIPER J. Rueppel, et al. October 10, 2023 Page Three 3rd, you requested an extension to October 15, 2023, wrote that you had identified approximately 1,624 emails, and stated you “should have them reviewed by October 20, 2023.” Now you claim to have 9000+ emails that you received on October 16, 2023. And you now claim you “anticipate producing them by October 23.” In light of these ever-changing representations, Defendants have no confidence that Plaintiff will comply with her discovery obligations absent a further Court order. Moreover, Plaintiff’s disregard of the Court order compelling responses entitles Defendants to the sanctions they seek. Accordingly, there is no good-faith basis or legitimate reason for Defendants to take the motion off calendar. Fourth, your threat of seeking retaliatory sanctions as a consequence of Defendants seeking judicial relief for your and your client’s discovery violations is dangerous, and we urge you to proceed carefully. In the event you possess legal authority that speaks to these factual circumstances and seeking sanctions under such circumstances, please send the authority to us so that we can consider it. * * * As always, we are available to discuss if you have any questions. Respectfully yours, FOR CELESTE WHITE, DR. ROBERT WHITE, and THE VALLEY ROCK FOUNDATION Jeff Tsai cc: Kathy Kizer Emily Margolis DLA Piper LLP (US) 000011 Kizer, Kathy From: Kizer, Kathy Sent: Monday, June 26, 2023 12:34 PM To: Angie Lam; Kiker, Dennis Cc: Tsai, Jeff; McCaffrey, Amanda; Perez, Christina; John Rueppel; Carolina Ramos; Arlyne Mata Subject: RE: Keith v. White - Document Production Hi Angie, Can you please clarify your firm’s status in light of the Substitution of Attorney you mailed to us and our June 15, 2023 responsive letter, to which we have not received a response? Also, our firm’s records show that Arlyne Mata downloaded Defendants’ document production on 5/24/2023. Kathleen S. Kizer Of Counsel T +1 415 615 6003 F +1 415 659 7303 M +1 415 994 5822 kathy.kizer@us.dlapiper.com DLA Piper LLP (US) dlapiper.com From: Angie Lam Sent: Monday, June 26, 2023 12:06 PM To: Kiker, Dennis Cc: Kizer, Kathy ; Tsai, Jeff ; McCaffrey, Amanda ; Perez, Christina ; John Rueppel ; Carolina Ramos ; Arlyne Mata Subject: RE: Keith v. White - Document Production EXTERNAL MESSAGE Mr. Kiker, I am unable to login to download the production and privilege log - please assist. Thank you. 1 000012 t : )PIPER ♦ Usemame or Password was incorrect. Company Employee Sig n In Sign ln Share File is• !iilfe. secure method for shanng files. To Email. • eicc:eu, ust '/tNf ACtJW;Dif ect01:,ciedfl'lt.els. afQie lam@JkZlp com 0 Remember Me """""""""" Angie Lam Associate Attorney JOHNSTON,K I NNEY & ZULAICA LL P Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com w w w . j k z l l p . c o m /espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank you. From: Kiker, Dennis Sent: Tuesday, May 23, 2023 4:14 PM To: John Rueppel ; Angie Lam Cc: Kizer, Kathy ; McCaffrey, Amanda ; Perez, Christina Subject: Keith v. White - Document Production [EXTERNAL] Counsel, 2 000013 Defendants are producing volume VRF001. Please see the attached letter. Production details are shown below. You will receive a separate email from ShareFile with a link to download the production and privilege log. Production Volume: VRF001 Bates Range: VRF0000001 - VRF0000177 Document Count: 82 Total Image Count: 177 Docs With Redactions: 4 Zip Password: 6rM4-M%F Please let us know if you have any questions. Regards, Dennis Russell Kiker Senior Attorney T +1 480 606 5143 DLA Piper LLP (US) F +1 703 773 5111 One Fountain Square M +1 804 350 8444 11911 Freedom Drive, Suite 300 O +1 703 773 4111 Reston, VA 20190-5602 dennis.kiker@us.dlapiper.com t;l:\IPER dlapiper.com The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to postmaster@dlapiper.com. Thank you. 3 000014 EXHIBIT V 000015 From: Angie Lam Sent: Mon 9/11/2023 10:43:32 PM (UTC) To: Lisa Keith Subject: FW: Copies of Emails Attachment: Emails 09.08.23.pdf I External Sender: Angie Lam Associate Attorney JOHNSTON,K I NNEY & ZULAICA LL P Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com www.jkzllp.com/espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank you. 000016 From: Lisa Keith Sent: Friday, September 8, 2023 12:21 PM To: Angie Lam Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails [EXTERNAL] I am attaching all the emails that I have access to. Not many. For most of my correspondence before I engaged with your firm was from my personal email account: lisa@lisakeith.com. The server for that account is Earthlink. Earthlink does not keep on their server (at least what the consumer/I can see) past a certain time and amount. The server shows emails back to only 12/2022. Secondly, the laptop that I am using is new as-of last Fall. So on my hard drive of this laptop I do not have emails before 11/2022. I got a new computer then because the other one broke down. I will have to see if there is any way to get the emails from that older computer. In the meantime I have attached the only relevant emails that I have. Also, I believe I sent you copies of text messages with my siblings about the press releases. Please let me know if I need to resend. Our communications were mainly over text. I’ll look tonight to see if I can access somehow the old computer’s hard drive. Lisa Lisa Keith Broker Associate 650.703.8644 l.keith@ggsir.com Lic.# 00882247 IG selling_siliconvalley Golden I Sotheby"s Gate NITJ:H•Ttn""' ~f"1fY From: Angie Lam Sent: Wednesday, September 6, 2023 2:01 PM To: Lisa Keith Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails 000017 I Caution: This email originated from outside GGSIR company email platforms. If it looks suspicious, click the PhishAlert Button in the Outlook Toolbar (instructions) or forward to IThelp@ggsir.com. Hi Lisa, While you’re working on gathering the emails, can you let me know which email server you are using? I’m trying to figure out what would be the most economical and efficient way to compile these emails. Thanks! Angie Angie Lam Associate Attorney JOHNSTON,K I NNEY & ZULAICA LL P Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com w w w . j k z l l p . c o m /espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the 000018 sender. Thank you. From: Angie Lam Sent: Tuesday, September 5, 2023 9:27 AM To: Lisa Keith Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails Hi Lisa, I would say as soon as possible as we still need time to review the emails before we produce it to the opposing counsel. Angie Lam Associate Attorney ■ JOHNSTON,K II NNEY & ZULAICA LL P Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com w w w . j k z l l p . c o m /espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank you. From: Lisa Keith 000019 Sent: Friday, September 1, 2023 1:11 PM To: Angie Lam Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails [EXTERNAL] Okay – is there a deadline? Thanks! Lisa Keith Broker Associate 650.703.8644 l.keith@ggsir.com Lic.# 00882247 IG selling_siliconvalley Golden I Sotheby's Gate N1r-1:H•Ttnl\W ~fair, From: Angie Lam Sent: Thursday, August 31, 2023 10:27 AM To: Lisa Keith Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails If you’re able to find any emails with your siblings regarding the Defendants or the press releases, then sure, feel free to include it and we will review for relevancy. Angie Lam Associate Attorney JOHNS T ON,K I NNEY & ZULAICA LL P 000020 Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com w w w . j k z l l p . c o m /espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank you. From: Lisa Keith Sent: Wednesday, August 30, 2023 4:38 PM To: Angie Lam Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails [EXTERNAL] The requests seem to include my siblings. Those as well? Lisa Keith Broker Associate 650.703.8644 l.keith@ggsir.com Lic.# 00882247 IG selling_siliconvalley 000021 Golden I Sotheb y -'s Gate NIT •~Ttnr.w ~ra1rr From: Angie Lam Sent: Wednesday, August 30, 2023 3:10 PM To: Lisa Keith Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails Hi Lisa, For the first step, we need to determine how many emails that you have that will be responsive to the requests #4 and #5 highlighted below. After that, we will need to review the emails for relevancy and then assign it to either request #4 or #5. The scope will include emails between you, Dom, Evan, John, me, individually and as a group. .:. . lll~llll.Nm; HliU m~urn,;. KtL."\ 1 11 IJ 1 'V lll~ 1 .'U'A '\,' iil,LI:: J KJ:..\Jul::> 1 tK ."\.K 111... L t. _6 REOl T FOR PROD TCTIO~ 0. ~: 7 All cm•.mvruNTCATIO st ·,11 an;rp 1 ·on. iu ludm~ but u r limit d to Domini Campi -i. Timothy Keith. Richard Keith. Darlene K:cirb. Da ·id Keitll. Roxann Keitll. and oth family .5. D.El' \" ALLEY ROCK O DAHON'S IIBQ "I! ST FOR PRODUCTION TO FL. U. TONE CASE NO. E?C\"001269 l m mbet aud fri uds. RELATING TO tl'te DEFENDANTS from April L 20 0. to Oc:tob 22. 2 022:. 4 All CO1\.'J]v.lIJNICATIO St ·,11 any p I on. in ludiJl!! b tu r liuli.ted to Timothy K i ll:i. Richard Keith. Darlene Keith. •avid Keith. Roxanue Keith. and other family members and 6 ftieuds. R..ELA T G TO tlie PRES RELEA Angie Lam Associate Attorney 000022 JOHNSTON,K I NNEY & ZULAICA LL P Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com w w w . j k z l l p . c o m /espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank you. From: Lisa Keith Sent: Wednesday, August 30, 2023 1:27 PM To: Angie Lam Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: RE: Copies of Emails [EXTERNAL] Are you asking for all emails between Dom and me or between me, Dom and Evan as a group? And for what period of time? Lisa Keith Broker Associate 000023 650.703.8644 l.keith@ggsir.com Lic.# 00882247 IG selling_siliconvalley Golden I Sotheby-'s Gate oclft• liTHlrw Uatfr From: Angie Lam Sent: Wednesday, August 30, 2023 11:49 AM To: Lisa Keith Cc: John Rueppel ; Carolina Ramos ; Patty DeOcampo Subject: Copies of Emails Hi Lisa, Hope all is well with you. Circling back to the document production, we have forwarded the documents you had previously provided to the opposing counsel. The next step is to determine how we can efficiently retrieve and produce your old emails pertaining to the prior trust matter between you, Dom, and Evan, as well as the emails between you, John, and I. Which email provider do you use? Can you try doing a search in your email box to see how many emails it will pull/generate? If realistically possible, will you be able to send over a PDF of the emails so that we can determine the size/volume of the emails? Feel free to call me and discuss also. Thanks, Angie Angie Lam Associate Attorney 000024 JOHNSTON,K I NNEY & ZULAICA LL P Johnston, Kinney & Zulaica LLP 101 Montgomery Street Suite 1600 San Francisco, CA 94104 Main Office 415.693.0550 Fax 415.693.0500 www.jkzllp.com w w w . j k z l l p . c o m /espanol Career Opportunities at JKZ LLP: https://www.jkzllp.com/about/career-opportunities/ CONFIDENTIALITY NOTICE: This communication and any accompanying documents are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distributing, or the taking of any action in reliance upon this communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney client privileges as to this communication or otherwise. (See State Compensation Insurance Fund v. WPS, Inc. (1999) 70 Cal. App. 4th 644.) If you have received this communication in error, please contact the sender. Thank you. 000025 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 I am employed in the County of San Francisco, State of California. I am over the age of 18 4 and not a party to the within action; my business address is: 555 Mission Street, Suite 2400, San 5 Francisco, California 94105-2933. 6 On October 31, 2023, I served the document described as: 7 DECLARATION OF KATHLEEN KIZER IN SUPPORT OF DEFENDANTS’ REPLY TO MOTION FOR ISSUE, EVIDENCE, AND 8 TERMINATING SANCTIONS AGAINST PLAINTIFF LISA KEITH FOR VIOLATING COURT ORDER COMPELLING RESPONSES TO 9 DISCOVERY 10 on the following: 11 John S. Rueppel 12 Evan D. Winet JOHNSTON, KINNEY & ZULAICA LLP 13 101 Montgomery Street, Suite 1600 San Francisco, California 94104 14 T: 415.693.0550 F: 415.693.0500 15 E: john@jkzllp.com 16 evan@jkzllp.com Attorneys for Plaintiff Lisa Keith 17 I transmitted copies of the document described above via e-mail to the persons at the email 18 addresses set forth above pursuant to the parties’ mutual agreement on or about March 21, 2023, 19 to provide service by e-mail. 20 I declare under penalty of perjury under the laws of the State of California that the above is 21 true and correct. 22 Executed on October 31, 2023, at San Francisco, California. 23 24 Christina Perez 25 26 27 28 PROOF OF SERVICE ACTIVE\1605010022.1