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1 John S. Rueppel (SBN: 267467)
Angie Lam (SBN: 244719)
2 JOHNSTON, KINNEY & ZULAICA LLP
101 Montgomery Street, Suite 1600
3 San Francisco, California 94104
4 Telephone: (415) 693-0550
Facsimile: (415) 693-0500
5 Email: john@jkzllp.com
angie.lam@jkzllp.com
6
Attorneys for Plaintiff,
7
Lisa Keith
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN THE COUNTY OF NAPA
10
11 LISA KEITH, CASE NO: 22CV001269
12 Plaintiff, DECLARATION OF ARLYNE MATA IN
13 SUPPORT OF PLAINTIFF LISA KEITH’S
v. SUR-REPLY TO OPPOSITION TO
14 DEFENDANTS VALLEY ROCK
CELESTE WHITE, an individual, ROBERT FOUNDATION’S AND DR. ROBERT
15 WHITE, an individual, the VALLEY ROCK WHITE’S NOTICE OF MOTION AND
FOUNDATION, aka THE BAR 49 MOTION FOR ISSUE, EVIDENCE,
16 FOUNDATION, a charitable organization, and AND/OR TERMINATING SANCTIONS
17 DOES 1-50, INCLUSIVE, AGAINST PLAINTIFF LISA KEITH FOR
VIOLATING COURT ORDER
18 Defendants. COMPELLING RESPONSES TO
DISCOVERY; AND REQUEST FOR
19 SANCTIONS PURSUANT TO CCP §
2023.030
20
21
Date: November 7, 2023
22 Time: 8:30 a.m.
Judge: Hon. Scott R.L. Young
23 Dept.: B
24
Complaint Filed: October 25, 2022
25 FAC Filed: March 8, 2023
Trial Date: April 2, 2024
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1
DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF’S SUR-REPLY TO OPPOSITION
f
1 I, Arlyne Mata, declare as follows:
2 1. I am a practice assistant with the firm Johnston, Kinney & Zulaica LLP. I have personal
3 knowledge of the following and if called upon could and would testify competently thereto.
4 2. As part of my regular responsibilities as a practice assistant, I manage documents and
5 files, which also includes downloading and uploading files into our firm database.
6 3. On or about May 23, 2023, I was given instruction by Ms. Angie Lam (“Ms. Lam”), an
7 associate attorney at my firm, to download the Defendants’ production and privilege log for the above
8 referenced matter.
9 4. Using the link that Ms. Lam had forwarded to me, I attempted to log in, but was not able
10 to log in to download the documents. I received an error message saying my system was incompatible.
11 5. After several failed attempts to log in and download the documents, I then informed Ms.
12 Lam that I was unable to access the documents for downloading. Ms. Lam indicated that she will reach
13 out to Defendants’ counsel to inform them that I could not access the production and privilege log.
14 6. On October 25, 2023, I was again provided with instructions to download the Defendants’
15 production and privilege log. I was able to download 177 documents but did not see a privilege log
16 available for downloading.
17 I declare under penalty of perjury under the laws of the State of California that the foregoing is
18 true and correct.
19
Executed on November 2, 2023 at San Francisco, California.
20
21 JOHNSTON, KINNEY & ZULAICA LLP
22
23 Dated: November 2, 2023 By:
24 Arlyne Mata, Declarant
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2
DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF’S SUR-REPLY TO OPPOSITION
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PROOF OF SERVICE
1
2 STATE OF CALIFORNIA, CITY OF ANTIOCH AND COUNTY OF CONTRA COSTA
3
I am employed in the City and County of San Francisco, State of California. I am over the age of
4 18 years and not a party to the within action; my business address is Johnston Kinney & Zulaica LLP,
101 Montgomery Street, Suite 1600, San Francisco, California 94104. My electronic business address is
5 carolina@jkzllp.com.
6 On November 2, 2023, I served the foregoing document(s):
7
1. DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF LISA KEITH’S SUR-
8 REPLY TO OPPOSITION TO DEFENDANTS VALLEY ROCK FOUNDATION’S AND DR.
ROBERT WHITE’S NOTICE OF MOTION AND MOTION FOR ISSUE, EVIDENCE,
9 AND/OR TERMINATING SANCTIONS AGAINST PLAINTIFF LISA KEITH FOR
VIOLATING COURT ORDER COMPELLING RESPONSES TO DISCOVERY
10
11 I served the documents on the person or persons listed below as follows:
12 Jeffrey E. Tsai
Kathleen S. Kizer
13 DLA PIPER LLP (US)
555 Mission Street, Suite 2400
14 San Francisco, CA 94105
Jeff.tsai@us.dlapiper.com
15 Katy.kizer@us.dlapiper.com
Attorneys for Defendants
16
[X] (BY EMAIL) Pursuant to Code of Civil Procedure section 1010.6, I caused the document(s) to
17 be electronically transmitted by me to the persons listed in the above email address(es). I did not receive
18 within a reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
19
I declare under penalty of perjury under the laws of the State of California that the foregoing is
20 true and correct.
21 Executed on November 2, 2023, at Antioch, California.
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23
Carolina Ramos
24 4892-5173-7997, v. 3
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3
DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF’S SUR-REPLY TO OPPOSITION
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Preview
1 John S. Rueppel (SBN: 267467) Angie Lam (SBN: 244719) 2 JOHNSTON, KINNEY & ZULAICA LLP 101 Montgomery Street, Suite 1600 3 San Francisco, California 94104 4 Telephone: (415) 693-0550 Facsimile: (415) 693-0500 5 Email: john@jkzllp.com angie.lam@jkzllp.com 6 Attorneys for Plaintiff, 7 Lisa Keith 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN THE COUNTY OF NAPA 10 11 LISA KEITH, CASE NO: 22CV001269 12 Plaintiff, DECLARATION OF ARLYNE MATA IN 13 SUPPORT OF PLAINTIFF LISA KEITH’S v. SUR-REPLY TO OPPOSITION TO 14 DEFENDANTS VALLEY ROCK CELESTE WHITE, an individual, ROBERT FOUNDATION’S AND DR. ROBERT 15 WHITE, an individual, the VALLEY ROCK WHITE’S NOTICE OF MOTION AND FOUNDATION, aka THE BAR 49 MOTION FOR ISSUE, EVIDENCE, 16 FOUNDATION, a charitable organization, and AND/OR TERMINATING SANCTIONS 17 DOES 1-50, INCLUSIVE, AGAINST PLAINTIFF LISA KEITH FOR VIOLATING COURT ORDER 18 Defendants. COMPELLING RESPONSES TO DISCOVERY; AND REQUEST FOR 19 SANCTIONS PURSUANT TO CCP § 2023.030 20 21 Date: November 7, 2023 22 Time: 8:30 a.m. Judge: Hon. Scott R.L. Young 23 Dept.: B 24 Complaint Filed: October 25, 2022 25 FAC Filed: March 8, 2023 Trial Date: April 2, 2024 26 27 28 1 DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF’S SUR-REPLY TO OPPOSITION f 1 I, Arlyne Mata, declare as follows: 2 1. I am a practice assistant with the firm Johnston, Kinney & Zulaica LLP. I have personal 3 knowledge of the following and if called upon could and would testify competently thereto. 4 2. As part of my regular responsibilities as a practice assistant, I manage documents and 5 files, which also includes downloading and uploading files into our firm database. 6 3. On or about May 23, 2023, I was given instruction by Ms. Angie Lam (“Ms. Lam”), an 7 associate attorney at my firm, to download the Defendants’ production and privilege log for the above 8 referenced matter. 9 4. Using the link that Ms. Lam had forwarded to me, I attempted to log in, but was not able 10 to log in to download the documents. I received an error message saying my system was incompatible. 11 5. After several failed attempts to log in and download the documents, I then informed Ms. 12 Lam that I was unable to access the documents for downloading. Ms. Lam indicated that she will reach 13 out to Defendants’ counsel to inform them that I could not access the production and privilege log. 14 6. On October 25, 2023, I was again provided with instructions to download the Defendants’ 15 production and privilege log. I was able to download 177 documents but did not see a privilege log 16 available for downloading. 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is 18 true and correct. 19 Executed on November 2, 2023 at San Francisco, California. 20 21 JOHNSTON, KINNEY & ZULAICA LLP 22 23 Dated: November 2, 2023 By: 24 Arlyne Mata, Declarant 25 26 27 28 2 DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF’S SUR-REPLY TO OPPOSITION f PROOF OF SERVICE 1 2 STATE OF CALIFORNIA, CITY OF ANTIOCH AND COUNTY OF CONTRA COSTA 3 I am employed in the City and County of San Francisco, State of California. I am over the age of 4 18 years and not a party to the within action; my business address is Johnston Kinney & Zulaica LLP, 101 Montgomery Street, Suite 1600, San Francisco, California 94104. My electronic business address is 5 carolina@jkzllp.com. 6 On November 2, 2023, I served the foregoing document(s): 7 1. DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF LISA KEITH’S SUR- 8 REPLY TO OPPOSITION TO DEFENDANTS VALLEY ROCK FOUNDATION’S AND DR. ROBERT WHITE’S NOTICE OF MOTION AND MOTION FOR ISSUE, EVIDENCE, 9 AND/OR TERMINATING SANCTIONS AGAINST PLAINTIFF LISA KEITH FOR VIOLATING COURT ORDER COMPELLING RESPONSES TO DISCOVERY 10 11 I served the documents on the person or persons listed below as follows: 12 Jeffrey E. Tsai Kathleen S. Kizer 13 DLA PIPER LLP (US) 555 Mission Street, Suite 2400 14 San Francisco, CA 94105 Jeff.tsai@us.dlapiper.com 15 Katy.kizer@us.dlapiper.com Attorneys for Defendants 16 [X] (BY EMAIL) Pursuant to Code of Civil Procedure section 1010.6, I caused the document(s) to 17 be electronically transmitted by me to the persons listed in the above email address(es). I did not receive 18 within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is 20 true and correct. 21 Executed on November 2, 2023, at Antioch, California. 22 23 Carolina Ramos 24 4892-5173-7997, v. 3 25 26 27 28 3 DECLARATION OF ARLYNE MATA IN SUPPORT OF PLAINTIFF’S SUR-REPLY TO OPPOSITION f