Declaration Declaration of Katy K Lee In Support of Motion For Summary Judgment

Motion

Cal. Super. - 2nd Dist.November 2, 2017

Electronically FILED by Supq eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 or Court of California, County of Los Angeles on 01/08/2019 11:03 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Lopez,Deputy Clerk Robert H. Stellwagen, Jr., Esq., (State Bar No. 150560) Kathy K. Lee, Esq., (State Bar No. 237105) Megan M. Wolniewicz, Esq. (State Bar No. 322715) COLLINS COLLINS MUIR +STEWART LLP 1100 El Centro Street South Pasadena, CA 91030 (626) 243-1100 - FAX (626) 243-1111 Attorneys for Defendant JACK HOLLANDER & ASSOCIATES SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES -- CENTRAL DISTRICT ELI ELKISS, a minor, by and through his ) CASE NO. BC682209 Guardian Ad Litem, AVI ELKISS, ) [Assigned to Hon. Marc D. Gross, Dept. SSC3] ) Plaintiff, ) DECLARATION OF KATHY K. LEE, ESQ. IN ) SUPPORT OF JACK HOLLANDER & Vs. ) ASSOCIATES’ MOTION FOR SUMMARY ) JUDGMENT PURSUANT TO CODE CIV. EMEK HEBREW DAY SCHOOL, a ) PROC. SECTION 437¢ corporation; TEICHMAN FAMILY ) CHARITABLE FOUNDATION, a ) [Filed Concurrently with Notice of Motion and corporation; SOL TEICHMAN, an individual; ) Motion for Summary Judgment; Separate Statement SINANIAN DEVELOPMENT, INC. a ) of Undisputed Facts; Request for Judicial Notice; corporation; JACK HOLLANDER & ) Separately Bound Volume of Evidence; and ASSOCIATES, a corporation; and Does 1 ) [Proposed] Order] through 100, ) ) DATE: 3/29/19 Defendants. ) TIME: 1:30 p.m. ) DEPT: 3 ) RESERVATION ID: 571211041749 ) ) Complaint Filed: 11/2/17 ) Trial Date: 5/2/19 I, Kathy K. Lee, declare and state that I am an attorney at the firm Collins Collins Muir + Stewart, LLP, attorneys of record for Defendant Jack Hollander & Associates (hereinafter “JHA”). My business address appears above the caption, and I am over 18 years of age and am licensed to practice law in the State of California. The following is based upon my personal knowledge, and if 20905 1 DECLARATION OF KATHY K. LEE IN SUPPORT OF JHA’S MOTION FOR SUMMARY JUDGMENT \o oe | a wn = w No p- No [N d Nd No No No No No p- pt p- p- pd pd pd pd pt pd | a wn +a w [\ -_ < \o oe | a wn = w [ p- << 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 called upon as a witness, I could and would testify as follows: I. 20905 A true and correct copy of Plaintiff Eli Elkiss’ Complaint filed on November 2, 2017 in this matter, Eli Elkiss, et al. v. Emek Hebrew Day School, et al., Los Angeles Superior Court Case No. BC682209, is attached as “Exhibit A” to the Separately Bound Volume of Evidence. A true and correct copy of Plaintiff Eli Elkiss’ First Amended Complaint filed on March 8, 2018 in this matter, Eli Elkiss, et al. v. Emek Hebrew Day School, et al., Los Angeles Superior Court Case No. BC682209, is attached as “Exhibit B” to the Separately Bound Volume of Evidence. A true and correct copy of the Certificate of Occupancy for Emek Hebrew Day School, dated January 14, 2004, is attached to the Separately Bound Volume of Evidence as “Exhibit C.” A true and correct copy of the relevant portions of Plaintiff Eli Elkiss’ Responses to JHA’s Requests for Admission (Set One), are attached to the Separately Bound Volume of Evidence as “Exhibit D.” A true and correct copy of the relevant portions of Plaintiff Eli Elkiss’ Responses to JHA’s Special Interrogatories (Set One), are attached to the Separately Bound Volume of Evidence as “Exhibit E.” A true and correct copy of the relevant portions of Plaintiff Eli Elkiss’ Responses to JHA’s Requests for Admission (Set Two), are attached to the Separately Bound Volume of Evidence as “Exhibit F.” A true and correct copy of the relevant portions of Plaintiff Eli Elkiss’ Responses to JHA’s Requests for Production of Documents (Set Two), are attached to the Separately Bound Volume of Evidence as “Exhibit G.” A true and correct copy of the relevant portions of Defendant Sinanian Development, Inc.’s Responses to Plaintiff Eli Elkiss’ Special Interrogatories (Set One), is attached to the Separately Bound Volume of Evidence as “Exhibit H.” 2 DECLARATION OF KATHY K. LEE IN SUPPORT OF JHA’S MOTION FOR SUMMARY JUDGMENT \o oe | a wn = w No p- No [N d Nd No No No No No p- pt p- p- pd pd pd pd pt pd | a wn +a w [\ -_ < \o oe | a wn = w [ p- << 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 0. 10. 11. 12. 20905 A true and correct copy of the relevant portions of Defendant Emek Hebrew Day School’s Responses to JHA’s Requests for Production of Documents (Set One) and portions of documents produced (Emek 000078 -000079), are attached to the Separately Bound Volume of Evidence as “Exhibit I.” A true and correct copy of a photograph of the stairwell railing before Plaintiff’s fall is attached to the Separately Bound Volume of Evidence as “Exhibit J.” A true and correct copy of the relevant portions of Defendant Emek Hebrew Day School’s Responses to Plaintiff’s Requests for Special Interrogatories (Set One), are attached to the Separately Bound Volume of Evidence as “Exhibit K.” A true and correct copy of the relevant portions of Plaintiff Eli Elkiss> Amended Responses to JHA’s Requests for Special Interrogatories (Set One), are attached to the Separately Bound Volume of Evidence as “Exhibit L.” I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: January 8, 2019 COLLINS COLLINS MUIR + STEWART LLP - = rE By: : Pzerl Zs Ze t- KATHY K. LEE ‘ ROBERT H. STELLWAGEN, JR. MEGAN M. WOLNIEWICZ Attorneys for Defendant JACK HOLLANDER & ASSOCIATES 3 DECLARATION OF KATHY K. LEE IN SUPPORT OF JHA’S MOTION FOR SUMMARY JUDGMENT eo R N N n RA W N p d f d j d NN = O @ OJ N N N N N N N N N em m m em N O S n t RA W N = o N S N Ll 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 >] [1] PROOF OF SERVICE (CCP Sections 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss. County of Los Angeles ) I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address is 1100 El Centro Street, South Pasadena, California 91030. On this date, I served the foregoing document described as DECLARATION OF KATHY K. LEE, ESQ. IN SUPPORT OF JACK HOLLANDER & ASSOCIATES’ MOTION FOR SUMMARY JUDGMENT PURSUANT TO CODE CIV. PROC. SECTION 437c on the interested parties in this action by placing same in a sealed envelope, addressed as follows: SEE ATTACHED SERVICE LIST (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in South Pasadena, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at South Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in South Pasadena, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (BY ELECTRONIC FILING AND/OR SERVICE) I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: (Date) at (Time) FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1111 indicated all pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressees). Executed on January 8, 2019 at South Pasadena, California. (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) - I declare that I am employed in the office of a pnember of the bar of this court at whose direction the service was made. STEFANI MARTINEZ “w smartinez @ccmslaw.com 20905 4 DECLARATION OF KATHY K. LEE IN SUPPORT OF JHA’S MOTION FOR SUMMARY JUDGMENT eo R N N n RA W N N N N N N N N N e e m m em p m p m em N O nt RA W N = O O R N S R W N = Oo 28 COLLINS COLLINS MUIR + STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 20905 ELI ELKISS vs. EMEK HEBREW DAY SCHOOL, et al. LASC Case No.: BC682209 OUR FILE NO.: 20905 SERVICE LIST Gary a. Praglin, Esq. Santo J. Riccobono, Esq. BANAFSHEH, DANESH & JAVID, PC 9701 Wilshire Boulevard, 12% Floor Beverly Hills, CA 90212 (310) 887-1818 / Fax: (310) 887-1880 gap @bhattorneys.com; sjr@bhattorneys.com ATTORNEYS FOR PLAINTIFF ELI ELKISS, a minor, by and through his Guardian Ad Litem, AVI ELKISS Serge Sinanian, Esq. Executive Vice-President SINANIAN 18980 Ventura Blvd., Suite 200 Tarzana, CA 91356 (818) 996-9666 - Fax: (818) 705-7914 serge @sinanian.com ATTORNEY FOR SINANIAN DEVELOPMENT, INC. 5 Paul A. Traina, Esq. Ian P. Samson, Esq. Allen Haroutounian, Esq. STALWART LAW GROUP 1100 Glendon Avenue, Suite 1840 Los Angeles, CA 90024 (310) 954-2000 paul @stalwartlaw.com ian @stalwartlaw.com allen @stalwartlaw.com ATTORNEYS FOR PLAINTIFF ELI ELKISS, a minor, by and through his Guardian Ad Litem, AVI ELKISS Jonathan A. Ross, Esq. Mark I. Melo, Esq. BRADLEY & GMELICH LLP 700 N. Brand Blvd., 10" Floor Glendale, CA 91203 (818) 243-5200 - Fax: (818) 243-5266 jross@bglawyers.com; mmelo@bglawyers.com ATTORNEYS FOR DEFENDANTS EMEK HEBREW DAY SCHOOL DBA EMEK HEBREW ACADEMY TEICHMAN FAMILY TORAH CENTER DECLARATION OF KATHY K. LEE IN SUPPORT OF JHA’S MOTION FOR SUMMARY JUDGMENT