Preview
1 JOHN C. MANLY (State Bar No. 149080)
jmanly@manlystewart.com
2 VINCE W. FINALDI, Esq. (State Bar No. 238279)
vfinaldi@manlystewart.com
3 ALEX E. CUNNY, Esq. (State Bar No. 291567)
acunny@manlystewart.com
4 COURTNEY P. PENDRY (State Bar No. 327382)
cpendry@manlystewart.com
5 MANLY STEWART FINALDI
19100 Von Karman Avenue, Suite 800
6 Irvine, California 92612
Telephone: (949) 252-9990
7 Facsimile: (949) 252-9991
8 Attorneys for Plaintiff, Jane BE Doe
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF MONTEREY
11
MANLY STEWART FINALDI
12 JANE BE DOE, Case No. 21CV000805
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 Plaintiff, DECLARATION OF COURTNEY P.
Irvine, California 92612
PENDRY IN SUPPORT OF PLAINTIFF’S
14 v. OPPOSITION TO DEFENDANT BOYS
AND GIRLS CLUBS MOTION FOR
15 BIG BROTHERS BIG SISTERS OF SUMMARY JUDGMENT [SECOND
AMERICA, a California corporation; BIG AMENDED]
16 BROTHERS BIG SISTERS OF MONTEREY
COUNTY, a California corporation; BOYS & [Filed concurrently with Notice of Opposition ,
17 GIRLS CLUBS OF MONTEREY COUNTY, Memorandum of Points and Authorities;
a California corporation; JON DAVID Plaintiff's Compendium of Evidence; Separate
18 WOODY, an individual; and DOES 1-50, Statement of Disputed and Undisputed
inclusive,
19 Defendant. Material Facts; Evidentiary Objections; Notice
of Lodgment of Conditionally Sealed
20 Evidence; Motion to Seal Records and Request
for Judicial Notice]
21
Hearing Date: November 17, 2023
22 Hearing Time: 8:30 am
Hearing Location: 15
23
24
Judge: Thomas W. Wills
25 Dept.: 15
26 Action Filed: March 12, 2021
FAC Filed: December 13, 2021
27 Trial Date: January 29, 2024
28
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 DECLARATION OF COURTNEY P. PENDRY, ESQ.
2 I, Courtney P. Pendry, Esq. declare as follows:
3 1. I am an attorney with Manly Stewart Finaldi, attorneys of record for Plaintiff, JANE
4 BE DOE (“Plaintiff”), an individual. I have personal knowledge of the facts set forth herein. If
5 called as a witness, I could and would competently testify to the matters stated herein.
6 2. This declaration is made in support of Opposition to Defendant Boys and Girls Clubs
7 of Monterey County’s (“BGC”) Motion for Summary Judgment ("MSJ").
8 3. Attached as Exhibit "1" is a true and correct copy of the relevant portions of
9 Plaintiff’s responses to Form Interrogatories, Set One. The name of the Plaintiff has been redacted
10 subject to the Plaintiff’s privacy rights to remain a “Jane Doe.”
11 4. Attached as Exhibit "2" is a true and correct copy of documents previously bates
MANLY STEWART FINALDI
12 stamped BBBSA-000318. This document was produced after entry of the Stipulated Protective
19100 Von Karman Avenue, Suite 800
13 Order in this matter and contains Plaintiff’s true name, contact information, and other sensitive
Telephone (949) 252-9990
Irvine, California 92612
14 information, and is subject to the sealing motion filed concurrently herewith, as to the
15 “Conditionally Sealed” evidence that has been lodged herewith.
16 5. Attached as Exhibit "3" is a true and correct copy of documents previously bates
17 stamped BBBSA-000304. This document was produced after entry of the Stipulated Protective
18 Order in this matter and contains Plaintiff’s true name, and is subject to the sealing motion filed
19 concurrently herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith.
20 6. Attached as Exhibit "4" is a true and correct copy of the deposition of Marc Russo,
21 taken June 30, 2023.
22 7. Attached as Exhibit "5" is a true and correct copy of the deposition of Phil Wilhelm,
23 taken July 14, 2023.
24 8. Attached as Exhibit "6" is a true and correct copy of the deposition of Brenda
25 Roncarati, taken July 20, 2023.
26 9. Attached as Exhibit "7" is a true and correct copy of the deposition of Peter Baird,
27 taken July 6, 2023 and July 21, 2023.
28 10. Attached as Exhibit "8" is a true and correct copy of a Certified Copy of BBBSMC’s
2
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 Certificate of Dissolution filed with the State of California Secretary of State on February 17, 2011.
2 Judicial notice is requested to be taken of this document, pursuant to the Request for Judicial Notice
3 filed concurrently herewith.
4 11. Attached as Exhibit "9" is a true and correct copy of the deposition of Matthew
5 Ottone, taken July 12, 2023.
6 12. Attached as Exhibit "10" is a true and correct copy of documents previously bates
7 stamped BGCMC-000001-12.
8 13. Attached as Exhibit "11" is a true and correct copy of the deposition of Donna
9 Ferraro, taken July 10, 2023.
10 14. Attached as Exhibit "12" is a true and correct copy of the deposition of Cynthia Peck,
11 taken June 29, 2023.
MANLY STEWART FINALDI
12 15. Attached as Exhibit "13" is a true and correct copy of the deposition of BGC’s Person
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 Most Qualified Re: Merger, Acquisition, and/or Partnership with BBBSMC, Tom Gray, taken
Irvine, California 92612
14 November 3, 2022.
15 16. Attached as Exhibit "14" is a true and correct copy of the deposition of Margaret
16 Schulte, taken July 25, 2023.
17 17. Attached as Exhibit "15" is a true and correct copy of documents previously bates
18 stamped BBBSA-000290.
19 18. Attached as Exhibit "16" is a true and correct copy of documents previously bates
20 stamped BBBSA-000331-362.
21 19. Attached as Exhibit "17" is a true and correct copy of documents previously bates
22 stamped BBBSA-000305.
23 20. Attached as Exhibit "18" is a true and correct copy of relevant portions of the police
24 report produced by the Monterey County Sherriff's Department, including the police report of Jane
25 Doe 2. This report was produced by the Monterey County Sherriff's Department after receiving the
26 Stipulated Protective Order in this matter and contains the names and identifying information of
27 other victims of Woody and therefore an unredacted version is being filed conditionally under seal.
28 21. Attached as Exhibit “19” is a true and correct copy of the Court of Appeals decision
3
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 in in the People v. Woody Case No. H037191. Judicial Notice of this document is sought pursuant
2 to the concurrently filed Request for Judicial Notice, pursuant to Evidence Code §451,452.5, and
3 453. This case is an unpublished opinion, however, in accordance with California Rules of Court,
4 rule 8.1115(a), Plaintiff does not rely upon any portion of this opinion or legal authority cited
5 therein, and merely cites to the factual recitation contained therein.
6 22. Attached as Exhibit "20" is a true and correct copy of the deposition of Jon David
7 Woody, taken August 1, 2023. This document contains Plaintiff’s and other victims true names and
8 personally identifying information and descriptions of abuse, and therefore an unredacted version is
9 being filed conditionally under seal.
10 23. Attached as Exhibit "21" is a true and correct copy of the relevant portions of
11 Plaintiff’s responses to Special Interrogatories, Set One.
MANLY STEWART FINALDI
12 24. Attached as Exhibit “22” is a true and correct copy of the Monterey Harold article
19100 Von Karman Avenue, Suite 800
13 entitled “Prunedale man found guilty on molestation charges” published December 1, 2010. Judicial
Telephone (949) 252-9990
Irvine, California 92612
14 notice is requested to be taken of this document, pursuant to the Request for Judicial Notice filed
15 concurrently herewith. This document was retrieved from the following website by my office on
16 July 31, 2023:
17 https://www.montereyherald.com/2010/12/01/prunedale-man-found-guilty-on-molestation-
18 charges/
19 25. Attached as Exhibit "23" is a true and correct copy of documents produced in
20 connection with the Deposition of Matthew Ottone, and bates stamped Ottone-0001-103.
21 26. Attached as Exhibit "24" is a true and correct copy of documents previously bates
22 stamped BGCMC-000158-159.
23 27. Attached as Exhibit "25" is a true and correct copy of documents previously bates
24 stamped BGCMC-000013-017.
25 28. Attached as Exhibit "26" is a true and correct copy of documents previously bates
26 stamped BGCMC-000219-222.
27 29. Attached as Exhibit "27" is a true and correct copy of documents previously bates
28 stamped BGCMC-000224-227.
4
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 30. Attached as Exhibit "28" is a true and correct copy of documents previously bates
2 stamped BGCMC-000018-22.
3 31. Attached as Exhibit "29 is a true and correct copy of documents previously bates
4 stamped BGCMC-000174-178.
5 32. Attached as Exhibit "30" is a true and correct copy of documents previously bates
6 stamped BGCMC-000179-182.
7 33. Attached as Exhibit "31" is a true and correct copy of documents previously bates
8 stamped BGCMC-000184-191.
9 34. Attached as Exhibit "32" is a true and correct copy of documents previously bates
10 stamped BGCMC-000207-211.
11 35. Attached as Exhibit "33" is a true and correct copy of documents previously bates
MANLY STEWART FINALDI
12 stamped BGCMC-000212-218.
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 36. Attached as Exhibit "34" is a true and correct copy of the deposition of Ricky
Irvine, California 92612
14 Nguyen, taken July 26, 2023.
15 37. Attached as Exhibit "35" is a true and correct copy of documents previously bates
16 stamped BGCMC-000237-238.
17 38. Attached as Exhibit "36" is a true and correct copy of documents previously bates
18 stamped BGCMC-000158-259.
19 39. Attached as Exhibit "37” is a true and correct copy of documents previously bates
20 stamped BGCMC-000030-32.
21 40. Attached as Exhibit "38" is a true and correct copy of documents previously bates
22 stamped BGCMC-000167.
23 41. Attached as Exhibit "39" is a true and correct copy of documents previously bates
24 stamped BGCMC-000164.
25 42. Attached as Exhibit "40" is a true and correct copy of documents previously bates
26 stamped BGCMC-000023-27.
27 43. Attached as Exhibit "41" is a true and correct copy of documents previously bates
28 stamped BGCMC-000028-29.
5
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 44. Attached as Exhibit "42" is a true and correct copy of documents previously bates
2 stamped BBBSA-001173.
3 45. Attached as Exhibit "43" is a true and correct copy of documents previously bates
4 stamped BBBSA-000423.
5 46. Attached as Exhibit "44" is a true and correct copy of documents previously bates
6 stamped BBBSA-000434-436.
7 47. Attached as Exhibit "45" is a true and correct copy of relevant documents produced
8 by John L. Kirby & Associates, Inc. on May 18, 2022 in response to a subpoena issued by Plaintiff.
9 48. Attached as Exhibit "46" is a true and correct copy of documents previously bates
10 stamped PRIVBBBSA-000019-20.
11 49. Attached as Exhibit "47" is a true and correct copy of relevant documents produced
MANLY STEWART FINALDI
12 in connection with Plaintiff’s deposition of Phil Wilhelm.
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13 50. Attached as Exhibit "48" is a true and correct copy of documents previously bates
Irvine, California 92612
14 stamped BGCMC000168-169.
15 51. Attached as Exhibit "49" is a true and correct copy of documents stamped as Exhibit
16 6 to the deposition of Brenda Roncarati and produced by John L. Kirby & Associates, Inc. on May
17 18, 2022 in response to a subpoena issued by Plaintiff.
18 52. Attached as Exhibit "50 is a true and correct copy of documents previously bates
19 stamped BBBSA-000422.
20 53. Attached as Exhibit “51” is a true and correct copy of the Declaration of Mary White.
21 54. Pursuant to Code of Civil Procedure § 437c(h), in the event that the Court is inclined
22 to grant Defendant’s Motion for Summary Judgment, the Plaintiff requests that the hearing on this
23 Motion be continued in order to finalize certain outstanding discovery that is material to the matters
24 set forth in Defendant’s Motion. Such discovery includes the deposition of form BGC Board
25 members, Bill Brandwein, Ron Johnson, Kent Hansen, Brigitte Wasserman, as well as Mary White.
26 As stated in the Opposition, Plaintiff believes that grounds exist to deny the Motion for Summary
27 Judgment in toto, based on the evidence contained herein. However, if the Court is disinclined to
28 deny the Motion, Plaintiff’s counsel respectfully requests that the discovery sought above be
6
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 permitted to proceed, with the opportunity for supplemental briefing thereafter, to ensure that
2 Plaintiff has put forth all necessary evidence.
3 I declare under penalty of perjury in accordance with the laws of the State of California
4 that the foregoing is true and correct, and that this Declaration was made this 9th day of November,
5 2023, in Irvine, California.
6
7 _______________________________
COURTNEY P. PENDRY, Esq.
8
Declarant
9
10
11
MANLY STEWART FINALDI
12
19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
13
Irvine, California 92612
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF ORANGE
3
I am employed in the county of Orange, State of California. I am over the age of 18 and
4 not a party to the within action; my business address is 19100 Von Karman Ave., Suite 800,
Irvine, CA 92612.
5
On November 9, 2023, I served the foregoing document described as DECLARATION
6
OF COURTNEY P. PENDRY IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
7 DEFENDANT BOYS AND GIRLS CLUBS MOTION FOR SUMMARY JUDGMENT
[SECOND AMENDED]on the interested parties in this action addressed as follows:
8 SEE ATTACHED SERVICE LIST
9
X BY E-MAIL OR ELECTRONIC TRANSMISSION I caused the documents to be sent to
10 the persons on the e-mail addresses as listed below. I did not receive, within a reasonable time
after the transmission, any electronic message or other indication that the transmission was
11
unsuccessful.
12
19100 Von Karman Avenue, Suite 800
MANLY, STEWART & FINALDI
13
Telephone: (949) 252-9990
ATTORNEYS AT LAW
14 BY FACSIMILE TRANSMISSION: The facsimile machine I used complied with
Irvine, CA 92612
California Rules of Court 2.301 and no error was reported by the machine. Pursuant to rule
15 2.306(h), I caused the machine to print a record of the transmission, a copy of which is attached
to this proof of service.
16
BY OVERNIGHT DELIVERY: I caused the above-referenced document(s) to be
17 delivered via overnight delivery, for delivery to the above address(es).
18
_____(State) I declare under penalty of perjury under the laws of the State of California that the
19 above is true and correct.
_____(Federal) I declare that I am employed in the office of a member of the bar of this court
20 at whose direction, the service was made.
21
22
23
Executed on November 9, 2023, Irvine, California.
24
___________________________
25 Sadaf Anwar
26
27
28
1 SERVICE LIST
2 Alison M. Crane, Esq., Partner
3 Tara A. Murray, Esq.
Bledsoe, Diestel, Treppa & Crane LLP
4 180 Sansome, 5th Floor
San Francisco, CA 94104
5 T : 415-981-5411
F : 415-981-0352
6
acrane@bledsoelaw.com
7 tmurray@bledsoelaw.com
calendar@bledsoelaw.com
8 Counsel for Defendants Big Brothers Big Sisters of America
9
10 PAUL CALEO pcaleo@grsm.com
MICHAEL KRUPPE mkruppe@grsm.com
11 khernandez@grsm.com.com
GORDON REES SCULLY MANSUKHANI, LLP
12 1111 Broadway, Suite 1700 Oakland, CA 94607
Telephone: (510) 463-8600
19100 Von Karman Avenue, Suite 800
MANLY, STEWART & FINALDI
13
Facsimile: (510) 984-1721
Telephone: (949) 252-9990
ATTORNEYS AT LAW
14 Attorneys for Defendant
Irvine, CA 92612
BOYS & GIRLS CLUB OF MONTEREY COUNTY
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Preview
1 JOHN C. MANLY (State Bar No. 149080) jmanly@manlystewart.com 2 VINCE W. FINALDI, Esq. (State Bar No. 238279) vfinaldi@manlystewart.com 3 ALEX E. CUNNY, Esq. (State Bar No. 291567) acunny@manlystewart.com 4 COURTNEY P. PENDRY (State Bar No. 327382) cpendry@manlystewart.com 5 MANLY STEWART FINALDI 19100 Von Karman Avenue, Suite 800 6 Irvine, California 92612 Telephone: (949) 252-9990 7 Facsimile: (949) 252-9991 8 Attorneys for Plaintiff, Jane BE Doe 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF MONTEREY 11 MANLY STEWART FINALDI 12 JANE BE DOE, Case No. 21CV000805 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Plaintiff, DECLARATION OF COURTNEY P. Irvine, California 92612 PENDRY IN SUPPORT OF PLAINTIFF’S 14 v. OPPOSITION TO DEFENDANT BOYS AND GIRLS CLUBS MOTION FOR 15 BIG BROTHERS BIG SISTERS OF SUMMARY JUDGMENT [SECOND AMERICA, a California corporation; BIG AMENDED] 16 BROTHERS BIG SISTERS OF MONTEREY COUNTY, a California corporation; BOYS & [Filed concurrently with Notice of Opposition , 17 GIRLS CLUBS OF MONTEREY COUNTY, Memorandum of Points and Authorities; a California corporation; JON DAVID Plaintiff's Compendium of Evidence; Separate 18 WOODY, an individual; and DOES 1-50, Statement of Disputed and Undisputed inclusive, 19 Defendant. Material Facts; Evidentiary Objections; Notice of Lodgment of Conditionally Sealed 20 Evidence; Motion to Seal Records and Request for Judicial Notice] 21 Hearing Date: November 17, 2023 22 Hearing Time: 8:30 am Hearing Location: 15 23 24 Judge: Thomas W. Wills 25 Dept.: 15 26 Action Filed: March 12, 2021 FAC Filed: December 13, 2021 27 Trial Date: January 29, 2024 28 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 DECLARATION OF COURTNEY P. PENDRY, ESQ. 2 I, Courtney P. Pendry, Esq. declare as follows: 3 1. I am an attorney with Manly Stewart Finaldi, attorneys of record for Plaintiff, JANE 4 BE DOE (“Plaintiff”), an individual. I have personal knowledge of the facts set forth herein. If 5 called as a witness, I could and would competently testify to the matters stated herein. 6 2. This declaration is made in support of Opposition to Defendant Boys and Girls Clubs 7 of Monterey County’s (“BGC”) Motion for Summary Judgment ("MSJ"). 8 3. Attached as Exhibit "1" is a true and correct copy of the relevant portions of 9 Plaintiff’s responses to Form Interrogatories, Set One. The name of the Plaintiff has been redacted 10 subject to the Plaintiff’s privacy rights to remain a “Jane Doe.” 11 4. Attached as Exhibit "2" is a true and correct copy of documents previously bates MANLY STEWART FINALDI 12 stamped BBBSA-000318. This document was produced after entry of the Stipulated Protective 19100 Von Karman Avenue, Suite 800 13 Order in this matter and contains Plaintiff’s true name, contact information, and other sensitive Telephone (949) 252-9990 Irvine, California 92612 14 information, and is subject to the sealing motion filed concurrently herewith, as to the 15 “Conditionally Sealed” evidence that has been lodged herewith. 16 5. Attached as Exhibit "3" is a true and correct copy of documents previously bates 17 stamped BBBSA-000304. This document was produced after entry of the Stipulated Protective 18 Order in this matter and contains Plaintiff’s true name, and is subject to the sealing motion filed 19 concurrently herewith, as to the “Conditionally Sealed” evidence that has been lodged herewith. 20 6. Attached as Exhibit "4" is a true and correct copy of the deposition of Marc Russo, 21 taken June 30, 2023. 22 7. Attached as Exhibit "5" is a true and correct copy of the deposition of Phil Wilhelm, 23 taken July 14, 2023. 24 8. Attached as Exhibit "6" is a true and correct copy of the deposition of Brenda 25 Roncarati, taken July 20, 2023. 26 9. Attached as Exhibit "7" is a true and correct copy of the deposition of Peter Baird, 27 taken July 6, 2023 and July 21, 2023. 28 10. Attached as Exhibit "8" is a true and correct copy of a Certified Copy of BBBSMC’s 2 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 Certificate of Dissolution filed with the State of California Secretary of State on February 17, 2011. 2 Judicial notice is requested to be taken of this document, pursuant to the Request for Judicial Notice 3 filed concurrently herewith. 4 11. Attached as Exhibit "9" is a true and correct copy of the deposition of Matthew 5 Ottone, taken July 12, 2023. 6 12. Attached as Exhibit "10" is a true and correct copy of documents previously bates 7 stamped BGCMC-000001-12. 8 13. Attached as Exhibit "11" is a true and correct copy of the deposition of Donna 9 Ferraro, taken July 10, 2023. 10 14. Attached as Exhibit "12" is a true and correct copy of the deposition of Cynthia Peck, 11 taken June 29, 2023. MANLY STEWART FINALDI 12 15. Attached as Exhibit "13" is a true and correct copy of the deposition of BGC’s Person 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Most Qualified Re: Merger, Acquisition, and/or Partnership with BBBSMC, Tom Gray, taken Irvine, California 92612 14 November 3, 2022. 15 16. Attached as Exhibit "14" is a true and correct copy of the deposition of Margaret 16 Schulte, taken July 25, 2023. 17 17. Attached as Exhibit "15" is a true and correct copy of documents previously bates 18 stamped BBBSA-000290. 19 18. Attached as Exhibit "16" is a true and correct copy of documents previously bates 20 stamped BBBSA-000331-362. 21 19. Attached as Exhibit "17" is a true and correct copy of documents previously bates 22 stamped BBBSA-000305. 23 20. Attached as Exhibit "18" is a true and correct copy of relevant portions of the police 24 report produced by the Monterey County Sherriff's Department, including the police report of Jane 25 Doe 2. This report was produced by the Monterey County Sherriff's Department after receiving the 26 Stipulated Protective Order in this matter and contains the names and identifying information of 27 other victims of Woody and therefore an unredacted version is being filed conditionally under seal. 28 21. Attached as Exhibit “19” is a true and correct copy of the Court of Appeals decision 3 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 in in the People v. Woody Case No. H037191. Judicial Notice of this document is sought pursuant 2 to the concurrently filed Request for Judicial Notice, pursuant to Evidence Code §451,452.5, and 3 453. This case is an unpublished opinion, however, in accordance with California Rules of Court, 4 rule 8.1115(a), Plaintiff does not rely upon any portion of this opinion or legal authority cited 5 therein, and merely cites to the factual recitation contained therein. 6 22. Attached as Exhibit "20" is a true and correct copy of the deposition of Jon David 7 Woody, taken August 1, 2023. This document contains Plaintiff’s and other victims true names and 8 personally identifying information and descriptions of abuse, and therefore an unredacted version is 9 being filed conditionally under seal. 10 23. Attached as Exhibit "21" is a true and correct copy of the relevant portions of 11 Plaintiff’s responses to Special Interrogatories, Set One. MANLY STEWART FINALDI 12 24. Attached as Exhibit “22” is a true and correct copy of the Monterey Harold article 19100 Von Karman Avenue, Suite 800 13 entitled “Prunedale man found guilty on molestation charges” published December 1, 2010. Judicial Telephone (949) 252-9990 Irvine, California 92612 14 notice is requested to be taken of this document, pursuant to the Request for Judicial Notice filed 15 concurrently herewith. This document was retrieved from the following website by my office on 16 July 31, 2023: 17 https://www.montereyherald.com/2010/12/01/prunedale-man-found-guilty-on-molestation- 18 charges/ 19 25. Attached as Exhibit "23" is a true and correct copy of documents produced in 20 connection with the Deposition of Matthew Ottone, and bates stamped Ottone-0001-103. 21 26. Attached as Exhibit "24" is a true and correct copy of documents previously bates 22 stamped BGCMC-000158-159. 23 27. Attached as Exhibit "25" is a true and correct copy of documents previously bates 24 stamped BGCMC-000013-017. 25 28. Attached as Exhibit "26" is a true and correct copy of documents previously bates 26 stamped BGCMC-000219-222. 27 29. Attached as Exhibit "27" is a true and correct copy of documents previously bates 28 stamped BGCMC-000224-227. 4 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 30. Attached as Exhibit "28" is a true and correct copy of documents previously bates 2 stamped BGCMC-000018-22. 3 31. Attached as Exhibit "29 is a true and correct copy of documents previously bates 4 stamped BGCMC-000174-178. 5 32. Attached as Exhibit "30" is a true and correct copy of documents previously bates 6 stamped BGCMC-000179-182. 7 33. Attached as Exhibit "31" is a true and correct copy of documents previously bates 8 stamped BGCMC-000184-191. 9 34. Attached as Exhibit "32" is a true and correct copy of documents previously bates 10 stamped BGCMC-000207-211. 11 35. Attached as Exhibit "33" is a true and correct copy of documents previously bates MANLY STEWART FINALDI 12 stamped BGCMC-000212-218. 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 36. Attached as Exhibit "34" is a true and correct copy of the deposition of Ricky Irvine, California 92612 14 Nguyen, taken July 26, 2023. 15 37. Attached as Exhibit "35" is a true and correct copy of documents previously bates 16 stamped BGCMC-000237-238. 17 38. Attached as Exhibit "36" is a true and correct copy of documents previously bates 18 stamped BGCMC-000158-259. 19 39. Attached as Exhibit "37” is a true and correct copy of documents previously bates 20 stamped BGCMC-000030-32. 21 40. Attached as Exhibit "38" is a true and correct copy of documents previously bates 22 stamped BGCMC-000167. 23 41. Attached as Exhibit "39" is a true and correct copy of documents previously bates 24 stamped BGCMC-000164. 25 42. Attached as Exhibit "40" is a true and correct copy of documents previously bates 26 stamped BGCMC-000023-27. 27 43. Attached as Exhibit "41" is a true and correct copy of documents previously bates 28 stamped BGCMC-000028-29. 5 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 44. Attached as Exhibit "42" is a true and correct copy of documents previously bates 2 stamped BBBSA-001173. 3 45. Attached as Exhibit "43" is a true and correct copy of documents previously bates 4 stamped BBBSA-000423. 5 46. Attached as Exhibit "44" is a true and correct copy of documents previously bates 6 stamped BBBSA-000434-436. 7 47. Attached as Exhibit "45" is a true and correct copy of relevant documents produced 8 by John L. Kirby & Associates, Inc. on May 18, 2022 in response to a subpoena issued by Plaintiff. 9 48. Attached as Exhibit "46" is a true and correct copy of documents previously bates 10 stamped PRIVBBBSA-000019-20. 11 49. Attached as Exhibit "47" is a true and correct copy of relevant documents produced MANLY STEWART FINALDI 12 in connection with Plaintiff’s deposition of Phil Wilhelm. 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 50. Attached as Exhibit "48" is a true and correct copy of documents previously bates Irvine, California 92612 14 stamped BGCMC000168-169. 15 51. Attached as Exhibit "49" is a true and correct copy of documents stamped as Exhibit 16 6 to the deposition of Brenda Roncarati and produced by John L. Kirby & Associates, Inc. on May 17 18, 2022 in response to a subpoena issued by Plaintiff. 18 52. Attached as Exhibit "50 is a true and correct copy of documents previously bates 19 stamped BBBSA-000422. 20 53. Attached as Exhibit “51” is a true and correct copy of the Declaration of Mary White. 21 54. Pursuant to Code of Civil Procedure § 437c(h), in the event that the Court is inclined 22 to grant Defendant’s Motion for Summary Judgment, the Plaintiff requests that the hearing on this 23 Motion be continued in order to finalize certain outstanding discovery that is material to the matters 24 set forth in Defendant’s Motion. Such discovery includes the deposition of form BGC Board 25 members, Bill Brandwein, Ron Johnson, Kent Hansen, Brigitte Wasserman, as well as Mary White. 26 As stated in the Opposition, Plaintiff believes that grounds exist to deny the Motion for Summary 27 Judgment in toto, based on the evidence contained herein. However, if the Court is disinclined to 28 deny the Motion, Plaintiff’s counsel respectfully requests that the discovery sought above be 6 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 permitted to proceed, with the opportunity for supplemental briefing thereafter, to ensure that 2 Plaintiff has put forth all necessary evidence. 3 I declare under penalty of perjury in accordance with the laws of the State of California 4 that the foregoing is true and correct, and that this Declaration was made this 9th day of November, 5 2023, in Irvine, California. 6 7 _______________________________ COURTNEY P. PENDRY, Esq. 8 Declarant 9 10 11 MANLY STEWART FINALDI 12 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Irvine, California 92612 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 DECLARATION OF COURTNEY P. PENDRY ISO PLAINTIFF’S OPPOSITION TO DEFENDANT BGC’S MSJ 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 I am employed in the county of Orange, State of California. I am over the age of 18 and 4 not a party to the within action; my business address is 19100 Von Karman Ave., Suite 800, Irvine, CA 92612. 5 On November 9, 2023, I served the foregoing document described as DECLARATION 6 OF COURTNEY P. PENDRY IN SUPPORT OF PLAINTIFF’S OPPOSITION TO 7 DEFENDANT BOYS AND GIRLS CLUBS MOTION FOR SUMMARY JUDGMENT [SECOND AMENDED]on the interested parties in this action addressed as follows: 8 SEE ATTACHED SERVICE LIST 9 X BY E-MAIL OR ELECTRONIC TRANSMISSION I caused the documents to be sent to 10 the persons on the e-mail addresses as listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 11 unsuccessful. 12 19100 Von Karman Avenue, Suite 800 MANLY, STEWART & FINALDI 13 Telephone: (949) 252-9990 ATTORNEYS AT LAW 14 BY FACSIMILE TRANSMISSION: The facsimile machine I used complied with Irvine, CA 92612 California Rules of Court 2.301 and no error was reported by the machine. Pursuant to rule 15 2.306(h), I caused the machine to print a record of the transmission, a copy of which is attached to this proof of service. 16 BY OVERNIGHT DELIVERY: I caused the above-referenced document(s) to be 17 delivered via overnight delivery, for delivery to the above address(es). 18 _____(State) I declare under penalty of perjury under the laws of the State of California that the 19 above is true and correct. _____(Federal) I declare that I am employed in the office of a member of the bar of this court 20 at whose direction, the service was made. 21 22 23 Executed on November 9, 2023, Irvine, California. 24 ___________________________ 25 Sadaf Anwar 26 27 28 1 SERVICE LIST 2 Alison M. Crane, Esq., Partner 3 Tara A. Murray, Esq. Bledsoe, Diestel, Treppa & Crane LLP 4 180 Sansome, 5th Floor San Francisco, CA 94104 5 T : 415-981-5411 F : 415-981-0352 6 acrane@bledsoelaw.com 7 tmurray@bledsoelaw.com calendar@bledsoelaw.com 8 Counsel for Defendants Big Brothers Big Sisters of America 9 10 PAUL CALEO pcaleo@grsm.com MICHAEL KRUPPE mkruppe@grsm.com 11 khernandez@grsm.com.com GORDON REES SCULLY MANSUKHANI, LLP 12 1111 Broadway, Suite 1700 Oakland, CA 94607 Telephone: (510) 463-8600 19100 Von Karman Avenue, Suite 800 MANLY, STEWART & FINALDI 13 Facsimile: (510) 984-1721 Telephone: (949) 252-9990 ATTORNEYS AT LAW 14 Attorneys for Defendant Irvine, CA 92612 BOYS & GIRLS CLUB OF MONTEREY COUNTY 15 16 17 18 19 20 21 22 23 24 25 26 27 28