Preview
1 SEYFARTH SHAW LLP
Giovanna A. Ferrari (SBN 229871)
2 gferrari@seyfarth.com
Alexandra V. Drury (SBN 291920)
3 adrury@seyfarth.com
560 Mission Street, 31st Floor
4 San Francisco, California 94105 4/9/2021
Telephone: (415) 397-2823
5 Facsimile: (415) 397-8549
6 Attorneys for Defendants
LAFAYETTE VETERINARY HOSPITAL INC. and
7 NORTHERN CALIFORNIA VETERINARY
SURGICAL, INC.
8
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN MATEO
12
13 BLUEPEARL OPERATIONS, LLC, Case No. 21-CIV-01826
14 Plaintiff, DEFENDANTS LAFAYETTE
VETERINARY HOSPITAL INC. AND
15 v. NOR CAL VETERINARY SURGICAL
CENTER, INC.’S ANSWER TO
16 SEAN WELLS; SAN FRANCISCO PLAINTIFF’S COMPLAINT
VETERINARY MEDICAL GROUP, INC. dba
17 NOR CAL VETERINARY EMERGENCY AND
SPECIALTY HOSPITAL; LAFAYETTE
18 VETERINARY HOSPITAL INC.; NOR CAL
VETERINARY SURGICAL CENTER INC. dba
19 PACIFIC VETERINARY EMERGENCY &
SPECIALTY HOSPITAL; NORTHERN
20 CALIFORNIA VETERINARY SURGICAL,
INC.; and DOES 1 - 100, inclusive,
21
Defendants.
22
23
Defendants Lafayette Veterinary Hospital Inc. & Nor Cal Veterinary Surgical Center, Inc.
24
(collectively “Defendants”) hereby respond to the unverified Complaint (the “Complaint”) filed by
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Plaintiff BluePearl Operations, LLC (“Plaintiff”) as follows:
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DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT
1 GENERAL DENIAL
2 Pursuant to California Code of Civil Procedure section 431.30(d), Defendants generally deny
3 every allegation and cause of action contained in Plaintiff’s Complaint. In further answer to the
4 Complaint, and without limiting the generality of the foregoing, Defendants deny that Plaintiff has been
5 injured or damaged in any amount, or at all, by reason of any act or omission of Defendants as alleged in
6 the Complaint.
7 AFFIRMATIVE DEFENSES
8 FIRST AFFIRMATIVE DEFENSE
9 (Failure to State a Claim)
10 The Complaint, and each alleged cause of action alleged therein, fails to state a claim upon
11 which relief may be granted against Defendants.
12 SECOND AFFIRMATIVE DEFENSE
13 (Waiver)
14 Plaintiff’s claims are barred, in whole or in part, by the doctrine of waiver.
15 THIRD AFFIRMATIVE DEFENSE
16 (Ratification)
17 Plaintiff’s claims are barred, in whole or in part, by the doctrine of ratification.
18 FOURTH AFFIRMATIVE DEFENSE
19 (Failure to Mitigate)
20 Plaintiff’s claims are barred, in whole or part, by its failure to mitigate.
21 FIFTH AFFIRMATIVE DEFENSE
22 (Causation)
23 Plaintiff’s Complaint, and each cause of action alleged therein, is barred, in whole or part,
24 because Defendants’ alleged wrongful conduct was not the proximate cause of the injuries, losses, harm,
25 or damages claimed by Plaintiff, and/or the omissions, conduct and voluntary acts of Plaintiff and/or a
26 third party proximately caused or otherwise contributed to, the injuries, losses, harm, or damages
27 claimed by Plaintiff.
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2
DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT
1 SIXTH AFFIRMATIVE DEFENSE
2 (No Injury)
3 Plaintiff has sustained no injury or damages by reason of any act of Defendants.
4 SEVENTH AFFIRMATIVE DEFENSE
5 (Speculative Damages)
6 Plaintiff’s losses, if any, are speculative and/or uncertain, and therefore, not compensable.
7 EIGHTH AFFIRMATIVE DEFENSE
8 (Statute of Limitations)
9 Plaintiff’s sixth, seventh, and eighth causes of action are barred, in whole or in part, by the
10 applicable statute of limitations, including, but not limited to, California Code of Civil Procedure section
11 339.
12 NINTH AFFIRMATIVE DEFENSE
13 (Justification/Privilege)
14 The Complaint, and each and every purported cause of action alleged therein against Defendants,
15 is barred because all acts and omissions of Defendants alleged by Plaintiff are and were justified and/or
16 privileged.
17 TENTH AFFIRMATIVE DEFENSE
18 (Free Speech)
19 Defendants assert their conduct is fully protected by the First Amendment to the United States
20 Constitution and by Article I, Section 2 of the California Constitution, as to Plaintiff’s purported sixth,
21 seventh, and eighth causes of action.
22 ELEVENTH AFFIRMATIVE DEFENSE
23 (No Attorneys’ Fees)
24 Plaintiff’s Complaint, and the cause of action alleged therein, fails to allege facts sufficient to
25 allow recovery of attorneys’ fees from Defendants.
26
27
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3
DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT
1 TWELFTH AFFIRMATIVE DEFENSE
2 (No Punitive Damages – No Corporate Officer Ratified Behavior)
3 Plaintiff’s Complaint, and each cause of action alleged therein, is barred, in whole or part,
4 because Plaintiff failed to state facts sufficient to constitute a claim for punitive damages as required by
5 California Civil Code Section 3294 because no corporate officer or director knew and/or approved of the
6 alleged conduct.
7 THIRTEENTH AFFIRMATIVE DEFENSE
8 (No Punitive Damages)
9 Plaintiff’s Complaint, and each cause of action alleged therein, is barred, in whole or part,
10 because Plaintiff failed to state facts sufficient to constitute a claim for exemplary or punitive damages
11 as required by California Civil Code Section 3294. If it should be determined that Plaintiff’s claim for
12 punitive damages is applicable in this action, such application would constitute a violation of
13 Defendants’ constitutional rights pursuant to the Eighth and Fourteenth Amendments to the Constitution
14 of the United States, and a violation of Defendants’ rights guaranteed by Article I, sections 7, 15, and 17
15 of the California Constitution.
16 FOURTEENTH AFFIRMATIVE DEFENSE
17 (Underlying Contract is Void)
18 Plaintiff’s Complaint, and each cause of action alleged against Defendants, is barred, in whole or
19 part, because the underlying contract was an illegal contract in restraint of trade under California
20 Business & Professions Code Sections 16600, 16601.
21 FIFTEENTH AFFIRMATIVE DEFENSE
22 (Estoppel)
23 Plaintiff’s claims are barred, in whole or in part, by the equitable doctrine of estoppel.
24 SIXTEENTH AFFIRMATIVE DEFENSE
25 (Unjust Enrichment)
26 Plaintiff’s claims are barred, in whole or in part, because Plaintiff would be unjustly enriched if
27 permitted to collect sums to which it alleges entitlement.
28
4
DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT
1 SEVENTEENTH AFFIRMATIVE DEFENSE
2 (Unclean Hands)
3 Plaintiff’s claims are barred, in whole or in part, by the equitable doctrine of unclean hands.
4 RESERVATION OF RIGHTS
5 Defendants reserve the right to assert additional defenses should they become aware of facts
6 supporting additional defenses during the course of this litigation. Defendants will rely on all defenses
7 that may become available or apparent in discovery or trial.
8 PRAYER FOR RELIEF
9 WHEREFORE, Defendants pray for judgment against Plaintiff as follows:
10 1. That the Complaint be dismissed in its entirety, with prejudice;
11 2. That Plaintiff take nothing by this action;
12 3. For costs of suit incurred herein, including reasonable attorneys’ fees as allowed by
13
contract or statute; and
14
For any other relief that this Court may deem just and proper.
15
DATED: April 9, 2021 Respectfully submitted,
16
SEYFARTH SHAW LLP
17
18
By:
19 Giovanna A. Ferrari
Alexandra V. Drury
20 Attorneys for Defendants
LAFAYETTE VETERINARY HOSPITAL
21 INC. and NORTHERN CALIFORNIA
VETERINARY SURGICAL, INC.
22
23 67945667v.1
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5
DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT
1 PROOF OF SERVICE
1 PROOF OF SERVICE
2 I am a resident of the State of California, over the age of eighteen years, and not a party to the
2 I amaction.
within a resident of the State
My business of California,
address over Street,
is 560 Mission the age31st
of eighteen
Floor, San years, and not
Francisco, a party to94105.
California the
Onaction.
3within My21,
September 2018,1address
business within
the560
served is document(s):
Mission Street, 31st Floor, San Francisco, California 94105.
3 On April 9, 2021, I served the within document(s):
4 RESPONDENT SBM SITE SERVICES LLC’S SUPPLEMENTAL RESPONSE TO
4 DEFENDANTS MARIA SEGURA
CLAIMANT LAFAYETTE OCHOA’S REQUEST
VETERINARY HOSPITAL FOR PRODUCTION
INC. AND NOR CAL OF
5 DOCUMENTS
VETERINARY NO.
SURGICAL 11 (SET ONE)
CENTER, INC.’S ANSWER TO PLAINTIFF’S
5 COMPLAINT
6 I—- I sent such document from facsimile machines (415) 397-8549 on 9/21/18. I certify that said
6 I_I transmission
by placing was completed and that allpages were received
the document(s) listed above in a sealed envelope with postage and that a report
thereon generated
was fully by
prepaid,
7
said facsimile machine which confirms said transmission and receipt.
in the United
copy to theStates mail party(ies)
interested at San Francisco, California,
in this action addressed
by placing
I, thereafter, mailed a
as setthereof
a true copy forth below.
enclosed in sealed
7 8 envelope(s) addressed to the parties listed below.
by placing the document(s) listed above in a sealed envelope or package provided by Federal
8 9 Express
, with postage
by placing paid on account
the document(s) and deposited
listed above in a sealedfor collection
envelope withwith FedEx
postage at San
thereon Francisco,
fully prepaid,
California,
t~l addressed as set forth below.
in the United States mail at San Francisco, California, addressed as set forth below.
9 10
by transmitting
I—| by contractingthewith
document(s)
Wheels oflisted
Justiceabove, electronically,
for personal delivery via thedocument(s)
of the e-mail addresses
listed set forth
above to
10 11 below.
I_I the person(s) at the address(es) set forth below.
11 12 I—|JACKSON the document(s)
by placingLEWIS P.C. sealed envelope
listed above in aJACKSON LEWIS or package
P.C. provided by FedEx with
I_IJoelpostage paid
P. Kelly on account and deposited for collection with FedEx
Corina C. Gallardo at San Francisco, California,
12 13 addressed as set forth below.
joel.kelly@jacksonlewis.com corina.gallardo@jacksonlewis.com
13 14 Tina
I—| by transmitting the document(s) listed above,Hélène
Ledesma Janover via the e-mail addresses set forth
electronically,
below.
tina.ledesma@jacksonlewis.com helene.janover@jacksonlewis.com
14 15 725 South Figueroa Street, Suite 2500 50 California Street, 9th Floor
Jack W. Lee
Los Angeles, California 90017 San Francisco, California 94111
15 16 Lisa P. Mak
Telephone: (213) 689-0404 Telephone: (415) 394-9400
Minami Tamaki LLP
Facsimile: (213) 689-0430 Facsimile: (415) 394-9401
17
16 360 Post Street, 8th Floor
18 San Francisco, CA 94108
17 Attorneys for Plaintiff Attorneys for Plaintiff
Tel: 415.788.9000
19 BLUEPEARL
Fax:
OPERATIONS,
415.398.3887
LLC BLUEPEARL OPERATIONS, LLC
18 j lee@minamitamaki .com
20 lmak@minamitamaki.com
19
21 I am readily familiar with the firm's practice of collection and processing correspondence for
20 mailing. Under that practice
I am readily it would
familiar with thebefirm's
deposited with
practice ofthe U.S. Postal
collection Service oncorrespondence
and processing that same day for with
22postage thereon
mailing. fully prepaid in the ordinary course of business. I am aware that on motion
Under that practice it would be deposited with the U.S. Postal Service on that same day with of the party
21 served, service
postage is presumed
thereon invalid
fully prepaid if postal
in the cancellation
ordinary date or postage
course of business. meterthat
I am aware dateonismotion
more than
of theone day
party
23afterserved,
date ofservice
depositis for mailinginvalid
presumed in affidavit.
if postal cancellation date or postage meter date is more than one day
22 after date of deposit for mailing in affidavit.
24 I declare under penalty of perjury under the laws of the State of California that the above is true
23 and correct.I declare under penalty of perjury under the laws of the State of California that the above is true
25 and correct. Executed on September 21, 2018, at San Francisco, California.
24 Executed on April 9, 2021, at San Francisco, California.
26
25 27
26 28 Juliana Blackwell
27
PROOF OF SERVICE
28 47988565v. 1
PROOF OF SERVICE
68137975v.1
Preview
1 SEYFARTH SHAW LLP Giovanna A. Ferrari (SBN 229871) 2 gferrari@seyfarth.com Alexandra V. Drury (SBN 291920) 3 adrury@seyfarth.com 560 Mission Street, 31st Floor 4 San Francisco, California 94105 4/9/2021 Telephone: (415) 397-2823 5 Facsimile: (415) 397-8549 6 Attorneys for Defendants LAFAYETTE VETERINARY HOSPITAL INC. and 7 NORTHERN CALIFORNIA VETERINARY SURGICAL, INC. 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN MATEO 12 13 BLUEPEARL OPERATIONS, LLC, Case No. 21-CIV-01826 14 Plaintiff, DEFENDANTS LAFAYETTE VETERINARY HOSPITAL INC. AND 15 v. NOR CAL VETERINARY SURGICAL CENTER, INC.’S ANSWER TO 16 SEAN WELLS; SAN FRANCISCO PLAINTIFF’S COMPLAINT VETERINARY MEDICAL GROUP, INC. dba 17 NOR CAL VETERINARY EMERGENCY AND SPECIALTY HOSPITAL; LAFAYETTE 18 VETERINARY HOSPITAL INC.; NOR CAL VETERINARY SURGICAL CENTER INC. dba 19 PACIFIC VETERINARY EMERGENCY & SPECIALTY HOSPITAL; NORTHERN 20 CALIFORNIA VETERINARY SURGICAL, INC.; and DOES 1 - 100, inclusive, 21 Defendants. 22 23 Defendants Lafayette Veterinary Hospital Inc. & Nor Cal Veterinary Surgical Center, Inc. 24 (collectively “Defendants”) hereby respond to the unverified Complaint (the “Complaint”) filed by 25 Plaintiff BluePearl Operations, LLC (“Plaintiff”) as follows: 26 27 28 DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT 1 GENERAL DENIAL 2 Pursuant to California Code of Civil Procedure section 431.30(d), Defendants generally deny 3 every allegation and cause of action contained in Plaintiff’s Complaint. In further answer to the 4 Complaint, and without limiting the generality of the foregoing, Defendants deny that Plaintiff has been 5 injured or damaged in any amount, or at all, by reason of any act or omission of Defendants as alleged in 6 the Complaint. 7 AFFIRMATIVE DEFENSES 8 FIRST AFFIRMATIVE DEFENSE 9 (Failure to State a Claim) 10 The Complaint, and each alleged cause of action alleged therein, fails to state a claim upon 11 which relief may be granted against Defendants. 12 SECOND AFFIRMATIVE DEFENSE 13 (Waiver) 14 Plaintiff’s claims are barred, in whole or in part, by the doctrine of waiver. 15 THIRD AFFIRMATIVE DEFENSE 16 (Ratification) 17 Plaintiff’s claims are barred, in whole or in part, by the doctrine of ratification. 18 FOURTH AFFIRMATIVE DEFENSE 19 (Failure to Mitigate) 20 Plaintiff’s claims are barred, in whole or part, by its failure to mitigate. 21 FIFTH AFFIRMATIVE DEFENSE 22 (Causation) 23 Plaintiff’s Complaint, and each cause of action alleged therein, is barred, in whole or part, 24 because Defendants’ alleged wrongful conduct was not the proximate cause of the injuries, losses, harm, 25 or damages claimed by Plaintiff, and/or the omissions, conduct and voluntary acts of Plaintiff and/or a 26 third party proximately caused or otherwise contributed to, the injuries, losses, harm, or damages 27 claimed by Plaintiff. 28 2 DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT 1 SIXTH AFFIRMATIVE DEFENSE 2 (No Injury) 3 Plaintiff has sustained no injury or damages by reason of any act of Defendants. 4 SEVENTH AFFIRMATIVE DEFENSE 5 (Speculative Damages) 6 Plaintiff’s losses, if any, are speculative and/or uncertain, and therefore, not compensable. 7 EIGHTH AFFIRMATIVE DEFENSE 8 (Statute of Limitations) 9 Plaintiff’s sixth, seventh, and eighth causes of action are barred, in whole or in part, by the 10 applicable statute of limitations, including, but not limited to, California Code of Civil Procedure section 11 339. 12 NINTH AFFIRMATIVE DEFENSE 13 (Justification/Privilege) 14 The Complaint, and each and every purported cause of action alleged therein against Defendants, 15 is barred because all acts and omissions of Defendants alleged by Plaintiff are and were justified and/or 16 privileged. 17 TENTH AFFIRMATIVE DEFENSE 18 (Free Speech) 19 Defendants assert their conduct is fully protected by the First Amendment to the United States 20 Constitution and by Article I, Section 2 of the California Constitution, as to Plaintiff’s purported sixth, 21 seventh, and eighth causes of action. 22 ELEVENTH AFFIRMATIVE DEFENSE 23 (No Attorneys’ Fees) 24 Plaintiff’s Complaint, and the cause of action alleged therein, fails to allege facts sufficient to 25 allow recovery of attorneys’ fees from Defendants. 26 27 28 3 DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT 1 TWELFTH AFFIRMATIVE DEFENSE 2 (No Punitive Damages – No Corporate Officer Ratified Behavior) 3 Plaintiff’s Complaint, and each cause of action alleged therein, is barred, in whole or part, 4 because Plaintiff failed to state facts sufficient to constitute a claim for punitive damages as required by 5 California Civil Code Section 3294 because no corporate officer or director knew and/or approved of the 6 alleged conduct. 7 THIRTEENTH AFFIRMATIVE DEFENSE 8 (No Punitive Damages) 9 Plaintiff’s Complaint, and each cause of action alleged therein, is barred, in whole or part, 10 because Plaintiff failed to state facts sufficient to constitute a claim for exemplary or punitive damages 11 as required by California Civil Code Section 3294. If it should be determined that Plaintiff’s claim for 12 punitive damages is applicable in this action, such application would constitute a violation of 13 Defendants’ constitutional rights pursuant to the Eighth and Fourteenth Amendments to the Constitution 14 of the United States, and a violation of Defendants’ rights guaranteed by Article I, sections 7, 15, and 17 15 of the California Constitution. 16 FOURTEENTH AFFIRMATIVE DEFENSE 17 (Underlying Contract is Void) 18 Plaintiff’s Complaint, and each cause of action alleged against Defendants, is barred, in whole or 19 part, because the underlying contract was an illegal contract in restraint of trade under California 20 Business & Professions Code Sections 16600, 16601. 21 FIFTEENTH AFFIRMATIVE DEFENSE 22 (Estoppel) 23 Plaintiff’s claims are barred, in whole or in part, by the equitable doctrine of estoppel. 24 SIXTEENTH AFFIRMATIVE DEFENSE 25 (Unjust Enrichment) 26 Plaintiff’s claims are barred, in whole or in part, because Plaintiff would be unjustly enriched if 27 permitted to collect sums to which it alleges entitlement. 28 4 DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT 1 SEVENTEENTH AFFIRMATIVE DEFENSE 2 (Unclean Hands) 3 Plaintiff’s claims are barred, in whole or in part, by the equitable doctrine of unclean hands. 4 RESERVATION OF RIGHTS 5 Defendants reserve the right to assert additional defenses should they become aware of facts 6 supporting additional defenses during the course of this litigation. Defendants will rely on all defenses 7 that may become available or apparent in discovery or trial. 8 PRAYER FOR RELIEF 9 WHEREFORE, Defendants pray for judgment against Plaintiff as follows: 10 1. That the Complaint be dismissed in its entirety, with prejudice; 11 2. That Plaintiff take nothing by this action; 12 3. For costs of suit incurred herein, including reasonable attorneys’ fees as allowed by 13 contract or statute; and 14 For any other relief that this Court may deem just and proper. 15 DATED: April 9, 2021 Respectfully submitted, 16 SEYFARTH SHAW LLP 17 18 By: 19 Giovanna A. Ferrari Alexandra V. Drury 20 Attorneys for Defendants LAFAYETTE VETERINARY HOSPITAL 21 INC. and NORTHERN CALIFORNIA VETERINARY SURGICAL, INC. 22 23 67945667v.1 24 25 26 27 28 5 DEFENDANTS LVH AND NCVS’S ANSWER TO PLAINTIFF’S COMPLAINT 1 PROOF OF SERVICE 1 PROOF OF SERVICE 2 I am a resident of the State of California, over the age of eighteen years, and not a party to the 2 I amaction. within a resident of the State My business of California, address over Street, is 560 Mission the age31st of eighteen Floor, San years, and not Francisco, a party to94105. California the Onaction. 3within My21, September 2018,1address business within the560 served is document(s): Mission Street, 31st Floor, San Francisco, California 94105. 3 On April 9, 2021, I served the within document(s): 4 RESPONDENT SBM SITE SERVICES LLC’S SUPPLEMENTAL RESPONSE TO 4 DEFENDANTS MARIA SEGURA CLAIMANT LAFAYETTE OCHOA’S REQUEST VETERINARY HOSPITAL FOR PRODUCTION INC. AND NOR CAL OF 5 DOCUMENTS VETERINARY NO. SURGICAL 11 (SET ONE) CENTER, INC.’S ANSWER TO PLAINTIFF’S 5 COMPLAINT 6 I—- I sent such document from facsimile machines (415) 397-8549 on 9/21/18. I certify that said 6 I_I transmission by placing was completed and that allpages were received the document(s) listed above in a sealed envelope with postage and that a report thereon generated was fully by prepaid, 7 said facsimile machine which confirms said transmission and receipt. in the United copy to theStates mail party(ies) interested at San Francisco, California, in this action addressed by placing I, thereafter, mailed a as setthereof a true copy forth below. enclosed in sealed 7 8 envelope(s) addressed to the parties listed below. by placing the document(s) listed above in a sealed envelope or package provided by Federal 8 9 Express , with postage by placing paid on account the document(s) and deposited listed above in a sealedfor collection envelope withwith FedEx postage at San thereon Francisco, fully prepaid, California, t~l addressed as set forth below. in the United States mail at San Francisco, California, addressed as set forth below. 9 10 by transmitting I—| by contractingthewith document(s) Wheels oflisted Justiceabove, electronically, for personal delivery via thedocument(s) of the e-mail addresses listed set forth above to 10 11 below. I_I the person(s) at the address(es) set forth below. 11 12 I—|JACKSON the document(s) by placingLEWIS P.C. sealed envelope listed above in aJACKSON LEWIS or package P.C. provided by FedEx with I_IJoelpostage paid P. Kelly on account and deposited for collection with FedEx Corina C. Gallardo at San Francisco, California, 12 13 addressed as set forth below. joel.kelly@jacksonlewis.com corina.gallardo@jacksonlewis.com 13 14 Tina I—| by transmitting the document(s) listed above,Hélène Ledesma Janover via the e-mail addresses set forth electronically, below. tina.ledesma@jacksonlewis.com helene.janover@jacksonlewis.com 14 15 725 South Figueroa Street, Suite 2500 50 California Street, 9th Floor Jack W. Lee Los Angeles, California 90017 San Francisco, California 94111 15 16 Lisa P. Mak Telephone: (213) 689-0404 Telephone: (415) 394-9400 Minami Tamaki LLP Facsimile: (213) 689-0430 Facsimile: (415) 394-9401 17 16 360 Post Street, 8th Floor 18 San Francisco, CA 94108 17 Attorneys for Plaintiff Attorneys for Plaintiff Tel: 415.788.9000 19 BLUEPEARL Fax: OPERATIONS, 415.398.3887 LLC BLUEPEARL OPERATIONS, LLC 18 j lee@minamitamaki .com 20 lmak@minamitamaki.com 19 21 I am readily familiar with the firm's practice of collection and processing correspondence for 20 mailing. Under that practice I am readily it would familiar with thebefirm's deposited with practice ofthe U.S. Postal collection Service oncorrespondence and processing that same day for with 22postage thereon mailing. fully prepaid in the ordinary course of business. I am aware that on motion Under that practice it would be deposited with the U.S. Postal Service on that same day with of the party 21 served, service postage is presumed thereon invalid fully prepaid if postal in the cancellation ordinary date or postage course of business. meterthat I am aware dateonismotion more than of theone day party 23afterserved, date ofservice depositis for mailinginvalid presumed in affidavit. if postal cancellation date or postage meter date is more than one day 22 after date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above is true 23 and correct.I declare under penalty of perjury under the laws of the State of California that the above is true 25 and correct. Executed on September 21, 2018, at San Francisco, California. 24 Executed on April 9, 2021, at San Francisco, California. 26 25 27 26 28 Juliana Blackwell 27 PROOF OF SERVICE 28 47988565v. 1 PROOF OF SERVICE 68137975v.1