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1 John S. Rueppel (SBN: 267467)
Ann K. Kavanagh (SBN: 260526)
2 Angie Lam (SBN: 244719)
JOHNSTON, KINNEY & ZULAICA LLP
3 101 Montgomery Street, Suite 1600
San Francisco, California 94104
4 Telephone: (415) 693-0550
Facsimile: (415) 693-0500
5 Email: john@jkzllp.com
ann.kavanagh@jkzllp.com
6 angie.lam@jkzllp.com
7 Attorneys for Plaintiff,
Lisa Keith
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 IN THE COUNTY OF NAPA
12 LISA KEITH, CASE NO: 22CV001269
13 Plaintiff, DECLARATION OF LISA KEITH IN
SUPPORT OF PLAINTIFF LISA
14 v. KEITH’S REPLY TO THIRD-PARTY
SINGER ASSOCIATES INC.’S
15 CELESTE WHITE, an individual, ROBERT OPPOSITION TO PLAINTIFF’S
WHITE, an individual, the VALLEY ROCK MOTION TO COMPEL FURTHER
16 FOUNDATION, aka THE BAR 49 RESPONSES AND FOR MONETARY
FOUNDATION, a charitable organization, and SANCTIONS
17 DOES 1-50, INCLUSIVE,
Date: March 19, 2024
18 Defendants. Time: 8:30 a.m.
Judge: Hon. Scott R.L. Young
19 Dept.: B
Complaint Filed: October 25, 2022
20 FAC Filed: March 8, 2023
Trial Date: April 2, 2024
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I, Lisa Keith, declare and state as follows:
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1. I am the Plaintiff in the above-referenced matter and have personal knowledge of the facts
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contained in this declaration, and if called as a witness would competently testify thereto.
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2. I went online to search the website for Businesswire to see if I can access any information
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regarding the two press releases that the Defendants had released in March 2021 and August 2021. I
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googled Businesswire and the first link that I clicked for Businesswire was titled “Press Release
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Distribution.”
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DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION
1 3. When I clicked the link, it immediately directed me to a page where I had to provide
2 information to sign up for an account to join BusinessWire. Since I did not sign up for an account, I was
3 unable to access the website to see if I can obtain information regarding the two press releases. But I did
4 see on the website that if signed up for an account, I can access account management and order entry,
5 along with “NewsTrak reports that provide ROI analysis on coverage and track social media
6 conversations surrounding your press releases.”
7 4. I also searched PR Newswire online in an attempt to obtain information regarding the two
8 press releases, but the website again requested that I create my organization’s account. I did not create
9 an account as I do not have an organization that would utilize the services of PR Newswire, so I was
10 unable to access the website to see if I can obtain information regarding the two press releases. But I did
11 see on the website that I can login to receive access to “Online Member Center, where you can securely
12 manage and distribute your content. Visibility Reports, for tracking ROI with detail reporting.”
13 5. I encountered the same issue with EIN Presswire’s website requesting me to either login
14 or click on the option to “Submit Release.” Since I do not have a login or a release to submit, I was
15 unable to access the website to see if I can obtain information regarding the two press releases. But I
16 did notice that if I signed in, I can have access to “detailed distribution reports that enable you to track
17 your press releases in search engines, social media sites and partner press release services.”
18 6. I believe I have good cause to request discovery sought from Singer Associates Inc.
19 because the Defendants hired Singer Associates Inc. to publish the two press releases in March and
20 August of 2021.
21 7. I also went onto the website for Singer Associates, Inc. and their business description is
22 a public relations company in the business of helping its clients achieve their public relations goals
23 through thoughtful, well-managed, results-oriented public relations campaigns.
24 8. Without evidence of how many times and where the two press releases were published, I
25 cannot capture the extent of damage I suffered from Defendants breaching the non-disparagement clause
26 of the Settlement Agreement.
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DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION
1 9. The March 2021 Press Release cited Celeste as the “source” for the release and it contains
2 knowingly false and deliberately misleading information about me. I had requested Celeste to retract the
3 false and misleading statements about me but my requests have been ignored.
4 10. I believe that these press releases have affected my ability to win new business as a real
5 estate broker because the year in which the press releases were issued (2021), I had my worst year ever
6 as a real estate broker earning no commissions at all.
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8 I declare under penalty of perjury under the laws of the state of California that the foregoing is
9 true and correct.
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13 Dated: March 12, 2024
Plaintiff, Lisa Keith
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DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO
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 March 12, 2024, I served the foregoing document(s):
7
1. DECLARATION OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S
8 REPLY TO THIRD-PARTY SINGER ASSOCIATES INC.’S OPPOSITION TO
PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES AND FOR
9 MONETARY SANCTIONS
10 I served the documents on the person or persons listed below as follows:
11
Jeffrey E. Tsai
12 Kathleen S. Kizer
DLA PIPER LLP (US)
13 555 Mission Street, Suite 2400
San Francisco, CA 94105
14 Jeff.tsai@us.dlapiper.com
Katy.kizer@us.dlapiper.com
15 Attorneys for Defendants
16 [X] (BY EMAIL) Pursuant to Code of Civil Procedure section 1010.6, I caused the document(s) to
be electronically transmitted by me to the persons listed in the above email address(es). I did not receive
17 within a reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
19 true and correct.
20 Executed on March 12, 2024, at San Francisco, California.
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Carolina Ramos
22 4878-3158-1869, v. 1
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DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION
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1 John S. Rueppel (SBN: 267467) Ann K. Kavanagh (SBN: 260526) 2 Angie Lam (SBN: 244719) JOHNSTON, KINNEY & ZULAICA LLP 3 101 Montgomery Street, Suite 1600 San Francisco, California 94104 4 Telephone: (415) 693-0550 Facsimile: (415) 693-0500 5 Email: john@jkzllp.com ann.kavanagh@jkzllp.com 6 angie.lam@jkzllp.com 7 Attorneys for Plaintiff, Lisa Keith 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN THE COUNTY OF NAPA 12 LISA KEITH, CASE NO: 22CV001269 13 Plaintiff, DECLARATION OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA 14 v. KEITH’S REPLY TO THIRD-PARTY SINGER ASSOCIATES INC.’S 15 CELESTE WHITE, an individual, ROBERT OPPOSITION TO PLAINTIFF’S WHITE, an individual, the VALLEY ROCK MOTION TO COMPEL FURTHER 16 FOUNDATION, aka THE BAR 49 RESPONSES AND FOR MONETARY FOUNDATION, a charitable organization, and SANCTIONS 17 DOES 1-50, INCLUSIVE, Date: March 19, 2024 18 Defendants. Time: 8:30 a.m. Judge: Hon. Scott R.L. Young 19 Dept.: B Complaint Filed: October 25, 2022 20 FAC Filed: March 8, 2023 Trial Date: April 2, 2024 21 I, Lisa Keith, declare and state as follows: 22 1. I am the Plaintiff in the above-referenced matter and have personal knowledge of the facts 23 contained in this declaration, and if called as a witness would competently testify thereto. 24 2. I went online to search the website for Businesswire to see if I can access any information 25 regarding the two press releases that the Defendants had released in March 2021 and August 2021. I 26 googled Businesswire and the first link that I clicked for Businesswire was titled “Press Release 27 Distribution.” 28 1 DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION 1 3. When I clicked the link, it immediately directed me to a page where I had to provide 2 information to sign up for an account to join BusinessWire. Since I did not sign up for an account, I was 3 unable to access the website to see if I can obtain information regarding the two press releases. But I did 4 see on the website that if signed up for an account, I can access account management and order entry, 5 along with “NewsTrak reports that provide ROI analysis on coverage and track social media 6 conversations surrounding your press releases.” 7 4. I also searched PR Newswire online in an attempt to obtain information regarding the two 8 press releases, but the website again requested that I create my organization’s account. I did not create 9 an account as I do not have an organization that would utilize the services of PR Newswire, so I was 10 unable to access the website to see if I can obtain information regarding the two press releases. But I did 11 see on the website that I can login to receive access to “Online Member Center, where you can securely 12 manage and distribute your content. Visibility Reports, for tracking ROI with detail reporting.” 13 5. I encountered the same issue with EIN Presswire’s website requesting me to either login 14 or click on the option to “Submit Release.” Since I do not have a login or a release to submit, I was 15 unable to access the website to see if I can obtain information regarding the two press releases. But I 16 did notice that if I signed in, I can have access to “detailed distribution reports that enable you to track 17 your press releases in search engines, social media sites and partner press release services.” 18 6. I believe I have good cause to request discovery sought from Singer Associates Inc. 19 because the Defendants hired Singer Associates Inc. to publish the two press releases in March and 20 August of 2021. 21 7. I also went onto the website for Singer Associates, Inc. and their business description is 22 a public relations company in the business of helping its clients achieve their public relations goals 23 through thoughtful, well-managed, results-oriented public relations campaigns. 24 8. Without evidence of how many times and where the two press releases were published, I 25 cannot capture the extent of damage I suffered from Defendants breaching the non-disparagement clause 26 of the Settlement Agreement. 27 28 2 DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION 1 9. The March 2021 Press Release cited Celeste as the “source” for the release and it contains 2 knowingly false and deliberately misleading information about me. I had requested Celeste to retract the 3 false and misleading statements about me but my requests have been ignored. 4 10. I believe that these press releases have affected my ability to win new business as a real 5 estate broker because the year in which the press releases were issued (2021), I had my worst year ever 6 as a real estate broker earning no commissions at all. 7 8 I declare under penalty of perjury under the laws of the state of California that the foregoing is 9 true and correct. 10 11 12 13 Dated: March 12, 2024 Plaintiff, Lisa Keith 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO 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 March 12, 2024, I served the foregoing document(s): 7 1. DECLARATION OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S 8 REPLY TO THIRD-PARTY SINGER ASSOCIATES INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES AND FOR 9 MONETARY SANCTIONS 10 I served the documents on the person or persons listed below as follows: 11 Jeffrey E. Tsai 12 Kathleen S. Kizer DLA PIPER LLP (US) 13 555 Mission Street, Suite 2400 San Francisco, CA 94105 14 Jeff.tsai@us.dlapiper.com Katy.kizer@us.dlapiper.com 15 Attorneys for Defendants 16 [X] (BY EMAIL) Pursuant to Code of Civil Procedure section 1010.6, I caused the document(s) to be electronically transmitted by me to the persons listed in the above email address(es). I did not receive 17 within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is 19 true and correct. 20 Executed on March 12, 2024, at San Francisco, California. 21 Carolina Ramos 22 4878-3158-1869, v. 1 23 24 25 26 27 28 4 DEC. OF LISA KEITH IN SUPPORT OF PLAINTIFF LISA KEITH’S REPLY TO THIRD-PARTY’S OPPOSITION