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Timothy J. Halloran — 104498 (thalloran@mpbf.com)
Laura R. Grealish — 320244 (lgrealish@mpbf.com)
MURPHY, PEARSON, BRADLEY & FEENEY
88 Kearny Street, 10th Floor
San Francisco, CA 94108-5530
Telephone: (415) 788-1900
Facsimile: (415) 393-8087
Attorneys for Defendants
MORONEY, VUCINICH, BELLAGAMBA, BEEMAN &
SCHELEY; CLAPP, MORONEY, VUCINICH, BEEMAN
& SCHELEY; AND P. CHRISTIAN SCHELEY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
THEOS MEDICAL SYSTEMS, INC., a Case No.: 18CV327303
California Corporation; SAKET BHATIA,
DECLARATION OF LAURA R. GREALISH
Plaintiffs, IN SUPPORT OF DEFENDANTS'
DEMURRER TO PLAINTIFFS’ FIRST
Vv. AMENDED COMPLAINT
CLAPP, MORONEY, VUCHINICH, Date: October 8, 2019
BELLAGAMBA, BEEMAN & SCHELEY, a Time: 9:00 a.m.
professional law corporation; CLAPP, Dept.: 8
MORONEY, VUCINICH, BEEMAN &
SCHELEY, a professional law corporation; P. Complaint Filed: April 27, 2018
CHRISTIAN SCHELEY; DOES 1| through 10, | First Amended Complaint Filed: June 3, 2019
Defendants.
I, Laura R. Grealish, submit the following Declaration in Support of Defendants’ Request for
Judicial Notice:
1) J am an attorney at law duly licensed to practice in all courts in the State of California,
and an associate with the law firm Murphy, Pearson, Bradley & Feeney, attorneys of record for
Defendants in this action.
2) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “A”
is a true and correct photocopy of the Order Finding Defendants in Contempt in the United States District
Court, Northern District of California action entitled Malem Medical LTD., et al. v. Theos Medical
Systems, Inc., et al., Case No. 3:13-cv-05236-EMC, filed August 10, 2017. The photocopy was certified
on July 24, 2018 by the Deputy Clerk of the U.S. District Court for the Northern District of California.
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DECLARATION OF LAURA R. GREALISH IN SUPPORT OF
DEFENDANTS’ DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT3) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “B”
is a true and correct photocopy of the Complaint in the United States District Court, Northern District of
California action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., Case No.
3:13-cv-05236-EMC, filed November 12, 2013. The photocopy was certified on July 24, 2018 by the
Deputy Clerk of the U.S. District Court for the Northern District of California.
4) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “C”
is a true and correct photocopy of the Consent Order and Decree in the United States District Court,
Northern District of California action entitled Malem Medical LTD., et al. v. Theos Medical Systems,
Inc., et al., Case No. 3:13-cv-05236-EMC, filed July 14, 2015. The photocopy was certified on July 24,
2018 by the Deputy Clerk of the U.S. District Court for the Northern District of California.
5) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “D”
is a true and correct photocopy of the Civil Docket for the United States District Court, Northern District
of California action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., Case No.
3:13-cv-05236-EMC, as of July 25, 2018.
6) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “E”
is a true and correct photocopy of United States Court of Appeals for the Ninth Circuit Memorandum of
Decision for the action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., No.
17-17289, District Court Case No. 3:13-cv-05236-EMC, submitted on February 11, 2019 and Filed on
February 19, 2019.
7) Pursuant to the Code of Civil Procedure section 430.41, I drafted a meet and confer letter
that addressed the specific causes of action Defendants believe are subject to demurrer with identified
legal support. I addressed the letter to Plaintiffs’ counsel, Anthony Boskovich and emailed it to him on
June 21, 2019, Mr. Boskovich responded and it was understood that the parties would not reach an
agreement resolving the objections raised in the letter. Additionally, in compliance with CCP § 430.41,
I called Mr. Boskovich on July 3, 2019 at 1:16 p.m. to further discuss. He did not respond.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
=e
DECLARATION OF LAURA R. GREALISH IN SUPPORT OF
DEFENDANTS’ DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINTtrue and correct and that this Declaration was executed,
California.
his 8" day of July 2019, in San Francisco,
ie
DECLARATION OF LAURA R. GREALISH IN SUPPORT OF
DEFENDANTS’ DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT1 CERTIFICATE OF SERVICE
I, Jennifer Cuellar, declare:
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I am a citizen of the United States, am over the age of eighteen years, and am not a party to or
interested in the within entitled cause. My business address is 88 Kearny Street, 10th Floor, San
Francisco, California 94108.
On July 8, 2019, I served the following document(s) on the parties in the within action:
DECLARATION OF LAURA R. GREALISH IN SUPPORT OF DEFENDANTS'
DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
oem ND NH
VIA MAIL: | am familiar with the business practice for collection and processing of mail.
x The above-described document(s) will be enclosed in a sealed envelope, with first class
10 postage thereon fully prepaid, and deposited with the United States Postal Service at San
Francisco, California on this date, addressed as shown below.
11
Anthony Boskovich Attorney For Plaintiffs
12 || Law Offices of Anthony Boskovich THEOS MEDICAL SYSTEMS, INC. AND
196 Bridges Road SAKET BHATIA
13 || Williamstown, MA 01267
14
I declare under penalty of perjury under the laws of the State of California that the foregoing is
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CERTIFICATE OF SERVICE
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Timothy J. Halloran — 104498 (thalloran@mpbf.com) Laura R. Grealish — 320244 (lgrealish@mpbf.com) MURPHY, PEARSON, BRADLEY & FEENEY 88 Kearny Street, 10th Floor San Francisco, CA 94108-5530 Telephone: (415) 788-1900 Facsimile: (415) 393-8087 Attorneys for Defendants MORONEY, VUCINICH, BELLAGAMBA, BEEMAN & SCHELEY; CLAPP, MORONEY, VUCINICH, BEEMAN & SCHELEY; AND P. CHRISTIAN SCHELEY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA THEOS MEDICAL SYSTEMS, INC., a Case No.: 18CV327303 California Corporation; SAKET BHATIA, DECLARATION OF LAURA R. GREALISH Plaintiffs, IN SUPPORT OF DEFENDANTS' DEMURRER TO PLAINTIFFS’ FIRST Vv. AMENDED COMPLAINT CLAPP, MORONEY, VUCHINICH, Date: October 8, 2019 BELLAGAMBA, BEEMAN & SCHELEY, a Time: 9:00 a.m. professional law corporation; CLAPP, Dept.: 8 MORONEY, VUCINICH, BEEMAN & SCHELEY, a professional law corporation; P. Complaint Filed: April 27, 2018 CHRISTIAN SCHELEY; DOES 1| through 10, | First Amended Complaint Filed: June 3, 2019 Defendants. I, Laura R. Grealish, submit the following Declaration in Support of Defendants’ Request for Judicial Notice: 1) J am an attorney at law duly licensed to practice in all courts in the State of California, and an associate with the law firm Murphy, Pearson, Bradley & Feeney, attorneys of record for Defendants in this action. 2) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “A” is a true and correct photocopy of the Order Finding Defendants in Contempt in the United States District Court, Northern District of California action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., Case No. 3:13-cv-05236-EMC, filed August 10, 2017. The photocopy was certified on July 24, 2018 by the Deputy Clerk of the U.S. District Court for the Northern District of California. ae DECLARATION OF LAURA R. GREALISH IN SUPPORT OF DEFENDANTS’ DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT3) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “B” is a true and correct photocopy of the Complaint in the United States District Court, Northern District of California action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., Case No. 3:13-cv-05236-EMC, filed November 12, 2013. The photocopy was certified on July 24, 2018 by the Deputy Clerk of the U.S. District Court for the Northern District of California. 4) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “C” is a true and correct photocopy of the Consent Order and Decree in the United States District Court, Northern District of California action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., Case No. 3:13-cv-05236-EMC, filed July 14, 2015. The photocopy was certified on July 24, 2018 by the Deputy Clerk of the U.S. District Court for the Northern District of California. 5) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “D” is a true and correct photocopy of the Civil Docket for the United States District Court, Northern District of California action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., Case No. 3:13-cv-05236-EMC, as of July 25, 2018. 6) Attached to the Request for Judicial Notice, filed concurrently herewith, as Exhibit “E” is a true and correct photocopy of United States Court of Appeals for the Ninth Circuit Memorandum of Decision for the action entitled Malem Medical LTD., et al. v. Theos Medical Systems, Inc., et al., No. 17-17289, District Court Case No. 3:13-cv-05236-EMC, submitted on February 11, 2019 and Filed on February 19, 2019. 7) Pursuant to the Code of Civil Procedure section 430.41, I drafted a meet and confer letter that addressed the specific causes of action Defendants believe are subject to demurrer with identified legal support. I addressed the letter to Plaintiffs’ counsel, Anthony Boskovich and emailed it to him on June 21, 2019, Mr. Boskovich responded and it was understood that the parties would not reach an agreement resolving the objections raised in the letter. Additionally, in compliance with CCP § 430.41, I called Mr. Boskovich on July 3, 2019 at 1:16 p.m. to further discuss. He did not respond. I declare under penalty of perjury under the laws of the State of California that the foregoing is =e DECLARATION OF LAURA R. GREALISH IN SUPPORT OF DEFENDANTS’ DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINTtrue and correct and that this Declaration was executed, California. his 8" day of July 2019, in San Francisco, ie DECLARATION OF LAURA R. GREALISH IN SUPPORT OF DEFENDANTS’ DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT1 CERTIFICATE OF SERVICE I, Jennifer Cuellar, declare: wv w I am a citizen of the United States, am over the age of eighteen years, and am not a party to or interested in the within entitled cause. My business address is 88 Kearny Street, 10th Floor, San Francisco, California 94108. On July 8, 2019, I served the following document(s) on the parties in the within action: DECLARATION OF LAURA R. GREALISH IN SUPPORT OF DEFENDANTS' DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT oem ND NH VIA MAIL: | am familiar with the business practice for collection and processing of mail. x The above-described document(s) will be enclosed in a sealed envelope, with first class 10 postage thereon fully prepaid, and deposited with the United States Postal Service at San Francisco, California on this date, addressed as shown below. 11 Anthony Boskovich Attorney For Plaintiffs 12 || Law Offices of Anthony Boskovich THEOS MEDICAL SYSTEMS, INC. AND 196 Bridges Road SAKET BHATIA 13 || Williamstown, MA 01267 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is 16 17 18 19 20 21 22 23 24 26 27 28 eile. CERTIFICATE OF SERVICE