On September 30, 2020 a
Party Statement
was filed
involving a dispute between
Egli , Meredith,
Meredith Egli,
and
Avon Products, Inc.,
Colgate-Palmolive Company,
Cyprus Mines Corporation,
Dana Perfumes Corp.,
Faberge Usa, Inc.,
Johnson & Johnson,
Johnson & Johnson Consumer, Inc.,
Johnson & Johnson Consumer Inc.,
Johnson & Johnson Consumer Inc., As Successor-In-Interest, Parent, Alter Ego, And Equitable Trustee Of Johnson & Johnson Consumer Inc. And Johnson & Johnson Baby Products Company,
Lander Co., Inc.,
Longs Drug Stores California, L.L.C.,
L. Perrigo Company,
Lucky Stores, Inc.,
Noxell Corporation,
Ralphs Grocery Company,
Safeway Inc.,
The Kroger Co.,
The Vons Companies, Inc.,
Unilever United States, Inc.,
Whittaker, Clark & Daniels, Inc.,
for
Unlimited Civil (Asbestos Property Damage)
in the District Court of Alameda County.
Preview
eo. e tk
‘v gn
22756621
Peter B. Langbord (SBN 144319)
plangbord@foleymansfield.com
Elizabeth J.Carpenter (SBN 315674) “p
ejcarpenter@foleymansfield.com [= i i [B=
FOLEY & MANSFIELD, PLLP Al AR NED a e
300 South Grand Avenue, Suite 2800 _ OO: NTY
Los Angeles, CA 90071 Nov 06
Telephone: (213) 283-2100 2020
Facsimile: (213) 283-2101 ; ; ay, once eae 7
tre PYYR]
Attorneys for Specially Appearing Defendant | #8. OlvEsS C oe
DN
UNILEVER UNITED STATES, INC., improperly sued herein as UNILEVER UNITED
STATES, INC. individually, as alter-ego of, and as successor-in-intérest to FABERGE,
NN
INCORPORATED
Oo
SUPERIOR COURT OF THE STATE OF CALIFORNIA
oO
10 FOR THE COUNTY OF ALAMEDA
11 MEREDITH A. EGLI, Case No.: RG20075272
[Assigned to theHon. Jo-Lynne Q. Lee, Dept. 18]
12 Plaintiff,
DECLARATION OF DAVID SCHWARTZ
13 vs. IN SUPPORT OF MOTION TO QUASH
SERVICE OF SUMMONS AND
14 JOHNSON & JOHNSON, et al., COMPLAINT FOR LACK OF PERSONAL
JURISDICTION BY SPECIALLY
15 Defendants. APPEARING DEFENDANT UNILEVER
UNITED STATES, INC. .
16
[Concurrently Filed\with the Notice of Motion
17 and Motion; Memorandum of Points and
Authorities; Declaration of Elizabeth J.
18 Carpenter, Esq.; and [Proposed] Order]
19 [CCP § 418.10(a)(1)]
20 Date: | December 11, 2020
21 Time: — | 10:00 a.m.
Department: 18
22 Reservation No.: | R-2215874
|
23 Complaint Filed:September 30, 2020
TrialDate: Not Set
24
25 |
26
27
\
28
DECLARATION OF DAVID SCHWARTZ IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND
COMPLAINT FOR LACK OF PERSONAL JURISDICTION BY SPECIALLY APPEARING DEFENDANT
UNILEVER UNITED STATES, INC. |
4601397v1 wav 06 700 |
|
|
‘@)
zs
DECLARATION OF DAVID SCHWARTZ
I,DAVID SCHWARTZ, declare and state as follows:
1. I am currently an employee of Unilever United States, Inc. (“UNILEVER”) and my job
titleis Vice President and General Counsel, North America. I have been employed by UNILEVER
since 2002. .I am authorized to make this declaration on behalf of UNILEVER in support of
UNILEVER’S Motion to Quash Service of Summons for Lack of Personal Jurisdiction. As to the
following facts, Iknow them to be true to my own personal knowledge, or have gained knowledge of
these facts from the business records of UNILEVER, which are maintained in the ordinary course of
| UNILEVER’S business. Accordingly, if called upon to testify to the facts set forth herein, Icould and
10 would competently testify thereto.
11 2. UNILEVER, formed in 1977, isa holding company, incorporated and existing under
12 the laws of the State of Delaware.
13 3. UNILEVER’S principal place of business is in Englewood Cliffs, New Jersey.
14 4. UNILEVER is not a manufacturer, supplier, or distributor of any product and has never
15 sold, distributed, advertised, or shipped any product to the State of California, or to any other state.
16 5. At no time in the past did UNILEVER maintain its principal place of business in the
17 State of California.
18 6. UNILEVER has no officers or directors who are based in the State of California.
19 7. | UNILEVER does not own or lease any real property in the State of California.
20 8. UNILEVER does not maintain an office in the State of California, and has no
21 operations or facilitieslocated inthe State of California.
22 -‘Ideclare that the foregoing istrue under penalty of perjury pursuant to the laws of the State of
23 California. Executed this 34 day of November, 2020 in Englewood Cliffs, New Jersey.
24
DocuSigned
by:
25 .
D9
an
Sead
my 8
33EED13CC4CB84CA...
26
David Schwartz
27
28
2
DECLARATION OF DAVID SCHWARTZ IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND
COMPLAINT FOR LACK OF PERSONAL JURISDICTION BY SPECIALLY APPEARING DEFENDANT
UNILEVER UNITED STATES, INC.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
WN
Iam employed in the County of Los Angeles, State of Califo mia, Iam over the age of 18
WY
and not a party to the within action; my business address is 300 S. G rand Avenue, Suite 2800, Los
>_>
Angeles, CA 90071.
cribed as: DECLARATION
nA
On November 6, 2020, I served the forégoing document des
OF DAVID SCHWARTZ IN SUPPORT OF MOTION TO QUASH SERVICE OF
SUMMONS AND COMPLAINT FOR LACK OF PERSONAL JURISDICTION BY
nN
SPECIALLY APPEARING DEFENDANT UNILEVER UNITED STATES, INC. on the
interested parties in this action as follows:
~
-Joseph D. Satterley, Esq. Spanos Przetak
©
Michael T. Stewart, Esq. 475 14th Street, Suite 550
Oo.
KAZAN, McCLAIN, SATTERLEY & Oakland, CA 94612
10 GREENWOOD Email: MedicalParalegals@spanos-przetak.com
Jack London Market :
11 55 Harrison Street, Ste.400 Designated Defense Counsel
Oakland, California 94607
12
13 Attorneys for Plaintiff
14
XM (BY OVERNIGHT DELIVERY) | enclosed the documents in an envelope or package
15 provided by an overnight delivery carrier and addressed to t he persons at the addresses
above. Iplaced the envelope or package for collection and ov ernight delivery at an office
16 or a regularly utilized drop box of the overnight delivery carrier
17 1 (BY ELECTRONIC VERSION) of the documents via FTP upload to File & ServeXpress
pursuant to the Court’s Order. Ifthe document is provided electronically by 5:00 pm., then
18 the document will be deemed served on the date that I provided to File & ServeXpress.
19 x [STATE] I declare under penalty of perjury under the laws of the State of California that
the above istrue and correct.
20
21 Executed on November 6,2020, Los Angeles, California
22
23 Elona a Conchas
24
25
26
27
28
PROOF OF SERVICE
4601397v1
Preview
eo. e tk ‘v gn 22756621 Peter B. Langbord (SBN 144319) plangbord@foleymansfield.com Elizabeth J.Carpenter (SBN 315674) “p ejcarpenter@foleymansfield.com [= i i [B= FOLEY & MANSFIELD, PLLP Al AR NED a e 300 South Grand Avenue, Suite 2800 _ OO: NTY Los Angeles, CA 90071 Nov 06 Telephone: (213) 283-2100 2020 Facsimile: (213) 283-2101 ; ; ay, once eae 7 tre PYYR] Attorneys for Specially Appearing Defendant | #8. OlvEsS C oe DN UNILEVER UNITED STATES, INC., improperly sued herein as UNILEVER UNITED STATES, INC. individually, as alter-ego of, and as successor-in-intérest to FABERGE, NN INCORPORATED Oo SUPERIOR COURT OF THE STATE OF CALIFORNIA oO 10 FOR THE COUNTY OF ALAMEDA 11 MEREDITH A. EGLI, Case No.: RG20075272 [Assigned to theHon. Jo-Lynne Q. Lee, Dept. 18] 12 Plaintiff, DECLARATION OF DAVID SCHWARTZ 13 vs. IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND 14 JOHNSON & JOHNSON, et al., COMPLAINT FOR LACK OF PERSONAL JURISDICTION BY SPECIALLY 15 Defendants. APPEARING DEFENDANT UNILEVER UNITED STATES, INC. . 16 [Concurrently Filed\with the Notice of Motion 17 and Motion; Memorandum of Points and Authorities; Declaration of Elizabeth J. 18 Carpenter, Esq.; and [Proposed] Order] 19 [CCP § 418.10(a)(1)] 20 Date: | December 11, 2020 21 Time: — | 10:00 a.m. Department: 18 22 Reservation No.: | R-2215874 | 23 Complaint Filed:September 30, 2020 TrialDate: Not Set 24 25 | 26 27 \ 28 DECLARATION OF DAVID SCHWARTZ IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT FOR LACK OF PERSONAL JURISDICTION BY SPECIALLY APPEARING DEFENDANT UNILEVER UNITED STATES, INC. | 4601397v1 wav 06 700 | | | ‘@) zs DECLARATION OF DAVID SCHWARTZ I,DAVID SCHWARTZ, declare and state as follows: 1. I am currently an employee of Unilever United States, Inc. (“UNILEVER”) and my job titleis Vice President and General Counsel, North America. I have been employed by UNILEVER since 2002. .I am authorized to make this declaration on behalf of UNILEVER in support of UNILEVER’S Motion to Quash Service of Summons for Lack of Personal Jurisdiction. As to the following facts, Iknow them to be true to my own personal knowledge, or have gained knowledge of these facts from the business records of UNILEVER, which are maintained in the ordinary course of | UNILEVER’S business. Accordingly, if called upon to testify to the facts set forth herein, Icould and 10 would competently testify thereto. 11 2. UNILEVER, formed in 1977, isa holding company, incorporated and existing under 12 the laws of the State of Delaware. 13 3. UNILEVER’S principal place of business is in Englewood Cliffs, New Jersey. 14 4. UNILEVER is not a manufacturer, supplier, or distributor of any product and has never 15 sold, distributed, advertised, or shipped any product to the State of California, or to any other state. 16 5. At no time in the past did UNILEVER maintain its principal place of business in the 17 State of California. 18 6. UNILEVER has no officers or directors who are based in the State of California. 19 7. | UNILEVER does not own or lease any real property in the State of California. 20 8. UNILEVER does not maintain an office in the State of California, and has no 21 operations or facilitieslocated inthe State of California. 22 -‘Ideclare that the foregoing istrue under penalty of perjury pursuant to the laws of the State of 23 California. Executed this 34 day of November, 2020 in Englewood Cliffs, New Jersey. 24 DocuSigned by: 25 . D9 an Sead my 8 33EED13CC4CB84CA... 26 David Schwartz 27 28 2 DECLARATION OF DAVID SCHWARTZ IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT FOR LACK OF PERSONAL JURISDICTION BY SPECIALLY APPEARING DEFENDANT UNILEVER UNITED STATES, INC. PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES WN Iam employed in the County of Los Angeles, State of Califo mia, Iam over the age of 18 WY and not a party to the within action; my business address is 300 S. G rand Avenue, Suite 2800, Los >_> Angeles, CA 90071. cribed as: DECLARATION nA On November 6, 2020, I served the forégoing document des OF DAVID SCHWARTZ IN SUPPORT OF MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT FOR LACK OF PERSONAL JURISDICTION BY nN SPECIALLY APPEARING DEFENDANT UNILEVER UNITED STATES, INC. on the interested parties in this action as follows: ~ -Joseph D. Satterley, Esq. Spanos Przetak © Michael T. Stewart, Esq. 475 14th Street, Suite 550 Oo. KAZAN, McCLAIN, SATTERLEY & Oakland, CA 94612 10 GREENWOOD Email: MedicalParalegals@spanos-przetak.com Jack London Market : 11 55 Harrison Street, Ste.400 Designated Defense Counsel Oakland, California 94607 12 13 Attorneys for Plaintiff 14 XM (BY OVERNIGHT DELIVERY) | enclosed the documents in an envelope or package 15 provided by an overnight delivery carrier and addressed to t he persons at the addresses above. Iplaced the envelope or package for collection and ov ernight delivery at an office 16 or a regularly utilized drop box of the overnight delivery carrier 17 1 (BY ELECTRONIC VERSION) of the documents via FTP upload to File & ServeXpress pursuant to the Court’s Order. Ifthe document is provided electronically by 5:00 pm., then 18 the document will be deemed served on the date that I provided to File & ServeXpress. 19 x [STATE] I declare under penalty of perjury under the laws of the State of California that the above istrue and correct. 20 21 Executed on November 6,2020, Los Angeles, California 22 23 Elona a Conchas 24 25 26 27 28 PROOF OF SERVICE 4601397v1