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1 DILLINGHAM & MURPHY, LLP
2 WILLIAM F. MURPHY, ESQ. (SBN 82482)
CYNTHIA C. CHEUNG, ESQ. (SBN 320767) 6/19/2020
3 601 Montgomery Street, Suite 1900
San Francisco, California 94111
4 Telephone: (415) 397-2700
Facsimile: (415) 397-3300
5 Email: wfm@dillinghammurphy.com
ccc@dillinghammurphy.com
6
7 FROST BROWN TODD LLC
ALI RAZZAGHI, ESQ. (Pro Hae Vice Pending)
8 Great American Tower
301 East Fourth Street, Suite 3300
9 Cincinnati, OH 45202
Telephone: (513) 651-6844
10 Facsimile: (513) 651-6981
Email: arazz.aghi@fbtlaw.com
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Attorneys for Defendants
12 Learnship Corporation and
Learnship Networks GmbH
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN MATEO
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17 SKYLINE VENTURE PARTNERS LLC, a Case No. 19-CIV-07663
Delaware Limited Liability Corporation,
18 DEFENDANTS LEARNSHIP
Plaintiff, CORPORATION AND LEARNSHIP
19 NETWORKS GMBH'S NOTICE OF
APPLICATION AND APPLICATION
20 v. FOR ALI RAZZAGHI TO APPEAR
AS COUNSEL PRO HAC VICE;
21 LEARNSHIP CORPORATION, a Delaware MEMORANDUM OF POINTS AND
corporation; LEARNSHIP NETWORKS GmbH, AUTHORITIES
22 a foreign corporation; and DOES 1 through 50,
inclusive Date: August 20, 2020
23 Time: 1:30 p.m.
Defendants. Dept: Law and Motion
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Complaint Filed: December 27, 2019
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And Related Cross-Action.
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II
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Page I - Case No.RGI 90017I 9
28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF
APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES
1 NOTICE OF APPLICATION
2 TO PLAINTIFF AND ITS ATTORNEYS OF RECORD:
3 PLEASE THAT NOTICE that on August 20, 2020, 2020, at 1:30 p.m., or as soon
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thereafter as the matter may be heard in the Law and Motion Department of the above-entitled
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Court, located at 400 County Center, Redwood City, California 94063, Defendants Learnship
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Corporation and Leamship Networks GmbH ("Defendants") will apply for the entry of an order
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admitting Ali Razzaghi as Defendants' counsel pro hac vice in this action.
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9 This Application is made pursuant to Rule 9.40 of the California Rules of Court and, as
10 set forth in the concurrently filed Declaration of Ali Razzaghi, good cause exists to grant the
11 Application on the grounds that Ali Razzaghi is a member in good standing and admitted to
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practice before the courts of the State of Ohio, the United States District Court for the Southern
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District of Ohio, and the United States District Court for the Northern District of Ohio; has been
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retained as counsel for Defendants in this action; and is associated with active members of the
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16 State Bar of California who are attorneys of record for Defendants in this action.
17 This Application is based on this Notice, the attached Memorandum of Points and
18 Authorities, the concurrently filed Declaration of Ali Razzaghi, all pleadings, records and files
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herein, and such other matters as may be considered by the Court.
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MEMORANDUM OF POINTS AND AUTHORITIES
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I. INTRODUCTION
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Defendants Learnship Corporation and Leamship Networks GmbH ("Defendants")
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24 hereby request that the Court grant their Application to allow Ali Razzaghi to appear pro hac
25 vice on their behalf. Ali Razzaghi meets the requirements of California Rules of Court, Rule 9.40
26 for pro hac vice admission, and the Court should grant Defendants' Application.
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Page 2 - Case No. RG19001719
28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF
APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES
II. ARGUMENT
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2 A. Ali Razzaghi Meets the Requirements of California Rules of Court, Rule 9.40
for Pro Hae Vice Admission.
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California Rules of Court, Rule 9.40(a) allows this Court to grant an application for pro
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hac vice admission if the out-of-state applicant ( 1) "is an attorney in good standing of and eligible
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to practice before the bar of any United States court or the highest court in any state, territory, or
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7 insular possession of the United States," (2) "has been retained to appear" in the case at issue, and
8 (3) is associated with "an active licensee of the State Bar of California" who is counsel of record.
9 Ali Razzaghi seeks pro hac vice admission in this case under Rule 9.40(a). He is a member in good
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standing of and is admitted to practice before the courts of the State of Ohio, and United States
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District Court for the Southern District of Ohio, and the United States District Court for the
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Northern District of Ohio. (Razzaghi Deel. ~ 4.) Further, he has been retained as counsel for
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14 Defendants in this action. (Id.~ 7.) Ali Razzaghi is associated in this case with William F. Murphy,
15 Esq. and Cynthia C. Cheung, Esq. of Dillingham & Murphy, LLP in San Francisco, California.
16 Both Ms. Cheung and Mr. Murphy are active members of the State Bar of California and are
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attorneys of record in this case. (Id. ~ 7.) Moreover, the Declaration of Ali Razzaghi, filed
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concurrently herewith, includes the information required by California Rules of Court, Rule
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9.40(d). (Id. ~~ 3-7.) Mr. Razzaghi has never been admitted or sought to be admitted as a pro hac
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vice attorney in any case pending in California prior to this application. Rule 9.40(b) of the
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22 California Rules of Court.
23 Upon the filing of this Application, Defendants will pay a $50 fee to the State Bar of
24 California with copies of this Application, pursuant to the payment requirements of California
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Rules of Court, Rule 9.40(e). Thus, under California Rules of Court, Rule 9.40, Ali Razzaghi is
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eligible to appear pro hac vice on Defendants' behalf in this action.
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Page 3 - Case No. RG 19001719
28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF
APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES
B. There Are No "Extreme Circumstances" That Would Justify the Denial of Ali
1 Razzaghi's Pro Hae Vice Application
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The California Supreme Court has noted that, given the importance of a party's right to
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appear by counsel of its own choice, a pro hac vice application should be denied "only in extreme
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circumstances." Magee v. Superior Court, 8 Cal.3d 949, 953 n.1 (1973). Here, there are no such
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6 "extreme circumstances" justifying the denial of Ali Razzaghi' pro hac vice application.
7 III. CONCLUSION
8 For the foregoing reasons, and based on the Declaration of Ali Razzaghi filed concurrently
9 herewith, Defendants Leamship Corporation and Leamship Networks GmbH respectfully request
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that the Court grant this Application to allow Ali Razzaghi to appear pro hac vice on their behalf
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in this action.
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13 DILLINGHAM & MURPHY, LLP
WILLIAM F. MURPHY
14 CYNTHIA C. CHEUNG
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16 Dated: June 19, 2020 By:
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Page 4 - Case No. RGI9001719
28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF
APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES
1 PROOF OF SERVICE
[C.C.P. Section 1013, 2015.5]
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In Re: Skyline Venture Partners v. Learnship Corporation, et al.
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San Mateo County Superior Court (Redwood City) Case No.: 19-CIV-07663
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I am a citizen of the United States, a resident of the State of California, and am
5 employed in the County of San Francisco, State of California. I am over eighteen (18) years of
age and not a party to the above-entitled action. My business address is DILLINGHAM
6 MURPHY, LLP, 601 Montgomery Street, Suite 1900, San Francisco, CA 94111. On the date
7 below, I served the following document(s) in the manner indicated below on the person(s) listed
on the attached Service List:
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• DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF
9 APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES
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• DECLARATION OF ALI RAZZAGHI IN SUPPORT OF DEFENDANTS LEARNSHIP CORPORATION
11 AND LEARNSHIP NETWORKS GMBH'S APPLICATION FOR ALI RAZZAGHI TO APPEAR AS
COUNSEL PRO HAC VICE
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13 U.S. Mail: by placing the document(s) listed above in a sealed envelope, with First
Class postage thereon fully prepaid, and deposited same in the United States mail at San
14 Francisco, California, addressed as set forth below. I am readily familiar with this firm's
practice of collection and processing of correspondence for mailing. Under that
15 practice, it would be deposited with the U.S. Postal Service on that same day, with
postage thereon fully prepaid, in the ordinary course of business.
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Allonn E. Levy, Esq. ! Jason S. Angell, Esq.
17 HOPKINS & CARLEY ! HOPKINS & CARLEY
The Letitia Building i 200 Page Mill Road, Suite 200
18 70 S. First Street i Palo Alto, CA 94306
San Jose, CA 95113-2406
19 I T: (650) 804-7600
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Mailing Address: i F: (650) 804-7630
P.O. Box 1469 I Email: jangell@hopkinscarley.com
San Jose, CA 95109-1469
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I Attorneys for Plaintiff
22 T: (408) 286-9800 I Skyline Venture Partners LLC
! .
F: (408) 998-4790
23 Email: alew@hopkinscarley.com
24 Attorneys for Plaintiff
Skyline Venture Partners LLC
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DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF
APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES
1 Pro Hae Vice Program ------·--1
Office of Special Admissions
2 The State Bar of California
180 Howard Street
3 San Francisco, California 94105
T: 415-538-2000
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8 -- ·--------···-·-J----···-----··-----------------·--··-------------------------·-----___J
(State) I declare under penalty of perjury under the laws of the State of California that
9 the above is true and correct. Executed on the date below at San Francisco, California.
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11 Dated: June 19, 2020
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DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF
APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE;
MEMORANDUM OF POINTS AND AUTHORITIES
Preview
1 DILLINGHAM & MURPHY, LLP 2 WILLIAM F. MURPHY, ESQ. (SBN 82482) CYNTHIA C. CHEUNG, ESQ. (SBN 320767) 6/19/2020 3 601 Montgomery Street, Suite 1900 San Francisco, California 94111 4 Telephone: (415) 397-2700 Facsimile: (415) 397-3300 5 Email: wfm@dillinghammurphy.com ccc@dillinghammurphy.com 6 7 FROST BROWN TODD LLC ALI RAZZAGHI, ESQ. (Pro Hae Vice Pending) 8 Great American Tower 301 East Fourth Street, Suite 3300 9 Cincinnati, OH 45202 Telephone: (513) 651-6844 10 Facsimile: (513) 651-6981 Email: arazz.aghi@fbtlaw.com 11 Attorneys for Defendants 12 Learnship Corporation and Learnship Networks GmbH 13 14 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF SAN MATEO 16 17 SKYLINE VENTURE PARTNERS LLC, a Case No. 19-CIV-07663 Delaware Limited Liability Corporation, 18 DEFENDANTS LEARNSHIP Plaintiff, CORPORATION AND LEARNSHIP 19 NETWORKS GMBH'S NOTICE OF APPLICATION AND APPLICATION 20 v. FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; 21 LEARNSHIP CORPORATION, a Delaware MEMORANDUM OF POINTS AND corporation; LEARNSHIP NETWORKS GmbH, AUTHORITIES 22 a foreign corporation; and DOES 1 through 50, inclusive Date: August 20, 2020 23 Time: 1:30 p.m. Defendants. Dept: Law and Motion 24 Complaint Filed: December 27, 2019 25 And Related Cross-Action. 26 II 27 Page I - Case No.RGI 90017I 9 28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES 1 NOTICE OF APPLICATION 2 TO PLAINTIFF AND ITS ATTORNEYS OF RECORD: 3 PLEASE THAT NOTICE that on August 20, 2020, 2020, at 1:30 p.m., or as soon 4 thereafter as the matter may be heard in the Law and Motion Department of the above-entitled 5 Court, located at 400 County Center, Redwood City, California 94063, Defendants Learnship 6 Corporation and Leamship Networks GmbH ("Defendants") will apply for the entry of an order 7 admitting Ali Razzaghi as Defendants' counsel pro hac vice in this action. 8 9 This Application is made pursuant to Rule 9.40 of the California Rules of Court and, as 10 set forth in the concurrently filed Declaration of Ali Razzaghi, good cause exists to grant the 11 Application on the grounds that Ali Razzaghi is a member in good standing and admitted to 12 practice before the courts of the State of Ohio, the United States District Court for the Southern 13 District of Ohio, and the United States District Court for the Northern District of Ohio; has been 14 retained as counsel for Defendants in this action; and is associated with active members of the 15 16 State Bar of California who are attorneys of record for Defendants in this action. 17 This Application is based on this Notice, the attached Memorandum of Points and 18 Authorities, the concurrently filed Declaration of Ali Razzaghi, all pleadings, records and files 19 herein, and such other matters as may be considered by the Court. 20 MEMORANDUM OF POINTS AND AUTHORITIES 21 I. INTRODUCTION 22 Defendants Learnship Corporation and Leamship Networks GmbH ("Defendants") 23 24 hereby request that the Court grant their Application to allow Ali Razzaghi to appear pro hac 25 vice on their behalf. Ali Razzaghi meets the requirements of California Rules of Court, Rule 9.40 26 for pro hac vice admission, and the Court should grant Defendants' Application. 27 Page 2 - Case No. RG19001719 28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES II. ARGUMENT 1 2 A. Ali Razzaghi Meets the Requirements of California Rules of Court, Rule 9.40 for Pro Hae Vice Admission. 3 California Rules of Court, Rule 9.40(a) allows this Court to grant an application for pro 4 hac vice admission if the out-of-state applicant ( 1) "is an attorney in good standing of and eligible 5 to practice before the bar of any United States court or the highest court in any state, territory, or 6 7 insular possession of the United States," (2) "has been retained to appear" in the case at issue, and 8 (3) is associated with "an active licensee of the State Bar of California" who is counsel of record. 9 Ali Razzaghi seeks pro hac vice admission in this case under Rule 9.40(a). He is a member in good 10 standing of and is admitted to practice before the courts of the State of Ohio, and United States 11 District Court for the Southern District of Ohio, and the United States District Court for the 12 Northern District of Ohio. (Razzaghi Deel. ~ 4.) Further, he has been retained as counsel for 13 14 Defendants in this action. (Id.~ 7.) Ali Razzaghi is associated in this case with William F. Murphy, 15 Esq. and Cynthia C. Cheung, Esq. of Dillingham & Murphy, LLP in San Francisco, California. 16 Both Ms. Cheung and Mr. Murphy are active members of the State Bar of California and are 17 attorneys of record in this case. (Id. ~ 7.) Moreover, the Declaration of Ali Razzaghi, filed 18 concurrently herewith, includes the information required by California Rules of Court, Rule 19 9.40(d). (Id. ~~ 3-7.) Mr. Razzaghi has never been admitted or sought to be admitted as a pro hac 20 vice attorney in any case pending in California prior to this application. Rule 9.40(b) of the 21 22 California Rules of Court. 23 Upon the filing of this Application, Defendants will pay a $50 fee to the State Bar of 24 California with copies of this Application, pursuant to the payment requirements of California 25 Rules of Court, Rule 9.40(e). Thus, under California Rules of Court, Rule 9.40, Ali Razzaghi is 26 eligible to appear pro hac vice on Defendants' behalf in this action. 27 Page 3 - Case No. RG 19001719 28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES B. There Are No "Extreme Circumstances" That Would Justify the Denial of Ali 1 Razzaghi's Pro Hae Vice Application 2 The California Supreme Court has noted that, given the importance of a party's right to 3 appear by counsel of its own choice, a pro hac vice application should be denied "only in extreme 4 circumstances." Magee v. Superior Court, 8 Cal.3d 949, 953 n.1 (1973). Here, there are no such 5 6 "extreme circumstances" justifying the denial of Ali Razzaghi' pro hac vice application. 7 III. CONCLUSION 8 For the foregoing reasons, and based on the Declaration of Ali Razzaghi filed concurrently 9 herewith, Defendants Leamship Corporation and Leamship Networks GmbH respectfully request 10 that the Court grant this Application to allow Ali Razzaghi to appear pro hac vice on their behalf 11 in this action. 12 13 DILLINGHAM & MURPHY, LLP WILLIAM F. MURPHY 14 CYNTHIA C. CHEUNG 15 16 Dated: June 19, 2020 By: 17 18 19 20 21 22 23 24 25 26 27 Page 4 - Case No. RGI9001719 28 DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES 1 PROOF OF SERVICE [C.C.P. Section 1013, 2015.5] 2 In Re: Skyline Venture Partners v. Learnship Corporation, et al. 3 San Mateo County Superior Court (Redwood City) Case No.: 19-CIV-07663 4 I am a citizen of the United States, a resident of the State of California, and am 5 employed in the County of San Francisco, State of California. I am over eighteen (18) years of age and not a party to the above-entitled action. My business address is DILLINGHAM 6 MURPHY, LLP, 601 Montgomery Street, Suite 1900, San Francisco, CA 94111. On the date 7 below, I served the following document(s) in the manner indicated below on the person(s) listed on the attached Service List: 8 • DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF 9 APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES 10 • DECLARATION OF ALI RAZZAGHI IN SUPPORT OF DEFENDANTS LEARNSHIP CORPORATION 11 AND LEARNSHIP NETWORKS GMBH'S APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE 12 13 U.S. Mail: by placing the document(s) listed above in a sealed envelope, with First Class postage thereon fully prepaid, and deposited same in the United States mail at San 14 Francisco, California, addressed as set forth below. I am readily familiar with this firm's practice of collection and processing of correspondence for mailing. Under that 15 practice, it would be deposited with the U.S. Postal Service on that same day, with postage thereon fully prepaid, in the ordinary course of business. 16 Allonn E. Levy, Esq. ! Jason S. Angell, Esq. 17 HOPKINS & CARLEY ! HOPKINS & CARLEY The Letitia Building i 200 Page Mill Road, Suite 200 18 70 S. First Street i Palo Alto, CA 94306 San Jose, CA 95113-2406 19 I T: (650) 804-7600 20 Mailing Address: i F: (650) 804-7630 P.O. Box 1469 I Email: jangell@hopkinscarley.com San Jose, CA 95109-1469 21 I Attorneys for Plaintiff 22 T: (408) 286-9800 I Skyline Venture Partners LLC ! . F: (408) 998-4790 23 Email: alew@hopkinscarley.com 24 Attorneys for Plaintiff Skyline Venture Partners LLC 25 26 27 28 -I - DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES 1 Pro Hae Vice Program ------·--1 Office of Special Admissions 2 The State Bar of California 180 Howard Street 3 San Francisco, California 94105 T: 415-538-2000 4 I I 5 I 6 II I I 7 8 -- ·--------···-·-J----···-----··-----------------·--··-------------------------·-----___J (State) I declare under penalty of perjury under the laws of the State of California that 9 the above is true and correct. Executed on the date below at San Francisco, California. 10 11 Dated: June 19, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DEFENDANTS LEARNSHIP CORPORATION AND LEARNSHIP NETWORKS GMBH'S NOTICE OF APPLICATION AND APPLICATION FOR ALI RAZZAGHI TO APPEAR AS COUNSEL PRO HAC VICE; MEMORANDUM OF POINTS AND AUTHORITIES