DeclarationCal. Super. - 6th Dist.November 20, 20209-14-21 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/2/2021 3:21 PM Reviewed By: A. Floresca Case #20CV373869 Envelope: 6777830 20CV373869 Santa Clara - Civil A. Floresca 10 H 12 13 18 19 20 21 22 23 24 25 26 27 28 Todd K. Davis State Bar Number 169654 FARLING, HECHT & DAVIS, LLP 96 North Third Street, Suite 660 San Jose, CA 95112 (408) 295-6100 Attorneys for plaintiff, Kimberly Doe SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA KIMBERLY DOE; Case No: 20-CV-373869 Plaintiff, DECLARATION OF TODD K. DAVIS PURSUANT TO RULE OF COURT V. RULE 3.1324(B); BBVA, an Alabama Corporation; DATE: , 2021 MAHMOUD ALAEDDIN, an TIME: 9:00 a.m. individual; et al. DEPT: 19 Honorable Peter Kirwan Defendants. VVVVVVVVVVVV I, Todd K. Davis, declare under the penalty of perjury as follows: l. I am an attorney licensed to practice law in California and am one of the attorneys for Kimberly Doe, the plaintiff in this case. The facts contained in this declaration are of my own personal knowledge except those facts alleged pursuant to my belief and information which are qualified as such. This declaration is being submitted in support of the Plaintiff's Motion for Leave to File a First Amended Complaint and to fulfill the requirements of Rule of Court 3'. 1324 (b). 2. Plaintiff Kimberly Doe was sexually harassed by her supervisor Mahmoud Alaeddin while employed by defendant bank BBVA. l 13 14 15 I7 18 l9 2O fl 22 23 24 25 26 27 28 3. Our office filed this lawsuit on November 20, 2020 following Ms. Doe’s timely filing of complaint with the Department Of Fair Employment and Housing. During the course of litigation a discovery dispute has arisen with the defendants over the scope of the Plaintiff’s Claimed damages and as a result whether or not the Plaintiff has put her physical and mental treatment at issue. TO clarify her Claimed damages and to attempt to eliminate any ambiguities contained in the Complaint, as well as to address minor factual discrepancies, the Plaintiff is filing this motion.for leave to file the proposed First Amended Complaint (Attached as Exhibit ”A” to the Notice of Motion). 4. The FAC Changes include: Eliminating ambiguities related to the damage claims, including stating all emotional distress claims are for “past emotional distress"; removing any language which could.be interpreted‘as a claim for psychological or psychiatric injuries; removing any inference to physical injuries; and making minor factual changes to conform to the Plaintiff’s testimony. I declare under the penalty of perjury that the foregoing is true and correct. If called to testify as a witness, I would testify consisténtly with this declaration. Executed on July 2, 2021 at San Jose, California. f :17” Todd K. Davis declarant £0 00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Doe v. BBVA USA, et al. Santa Clara County Case No.: 200V373869 PROOF OF SERVICE BY ELECTRONIC IVIAIL (E-MAIL) ONLY i am a citizen of the United States. My business address is 96 North Third Street, Suite 660, San Jose, CA 951 12. I am employed in the County of Santa Clara, where this mailing occurs. I am over the age of 18 years, and not a party to the within cause. My electronic service address is: maryben@fhd|lp.com. I electronically served today the attached document(s) described as: DECLARATION OF TODD K. DAVIS PURSUANT TO RULE OF COURT RULE 3.1324 (B) to the following addresses: BBVA USA Mahmoud Alaeddin Joseph R. Lordan, Esquire David M. Marchiano, Esquire Allison L. ShraHow, Esquire Brown, Gee & Wenger LLP Lewis Brisbois Bisgaard & Smith LLP Two Walnut Creek Center #400 333 Bush Street #1 100 Walnut Creek CA 94596 San Francisco CA 941 04-2872 925-943-5000 415-362-2580 C - 925-708-7042 Fax: 41 5-434-0882 dmarchiano@bgwcounset.com joseph.lordan@lewisbrisbois.com tpico@bgwcounsel.com allison.shrailow@lewisbrisbois.com joseph.appe}@lewisbrisbois.com Berenice.Barragan@!ewisbrisbois.com SERVICE BY ELECTRONIC TRANSMISSION ONLY: Service has been performed by e-mailing the document(s) to the persons at the e-mail addresses listed above. During the Coronavirus (Covid-19) pandemic, this office may be using electronic maii for service of documents. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct; Executed on July 2, 2021, at San Jose, California. j. r A1,.- ” f f Marybehf Stover PROOF OF SERVICE