Case 2:22-cv-02052-MAA Document 98-2 Filed 07/14/23 Page 2 of 14 Page ID #:3699

1 MESSNER REEVES LLP

Kathleen Carter (SBN 157790)
2 Jennifer Berneking (SBN167172)
650 Town Center Drive, Suite 700
3 Costa Mesa, California 92626
Telephone: (949) 612-9128
4 Facsimile: (949) 438-2304
Email: kcarter@messner.com
5 jberneking@messner.com

6 Attorneys for Defendants BREAKING CODE

SILENCE, a CA 501(c)(3) nonprofit corp. and
7 JENNIFER REBECCA MAGILL, an
individual
8

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF LOS ANGELES

11 KATHERINE MCNAMARA, an individual; Case No. 22STCV14977

and JEREMY WHITELEY an individual,
12 ASSIGNED FOR ALL PURPOSES TO:
Plaintiffs, Hon. Kristin Escalante
13 Dept.: 24
vs.
14
BREAKING CODE SILENCE, a California BREAKING CODE SILENCE’S
15 501 (c) (3) nonprofit corporation; VANESSA FURTHER SUPPLEMENTAL
HUGHES, an individual; JENNIFER RESPONSES TO JEREMY WHITELEY’S
16 REBECCA MAGILL, an individual; and SPECIAL INTERROGATORIES, SET
DOES 1 through 20, inclusive, ONE
17
Defendants.
18 Action Filed: April 5, 2022
Trial Date: November 13, 2023
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PROPOUNDING PARTY: JEREMY WHITELEY
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RESPONDING PARTIES: BREAKING CODE SILENCE
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SET NUMBER: ONE (1)
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TO PLAINTIFF JEREMY WHITELEY AND TO HIS ATTORNEYS OF RECORD
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HEREIN:
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1 DEFENDANT, BREAKING CODE SILENCE, supplements its answers, objects and

2 responds to the interrogatories propounded by PLAINTIFF JEREMY WHITELEY as follows:

3 PRELIMINARY STATEMENT

4 These further supplemental responses are made solely for the purpose of and in relation to

5 this action. Each answer is given subject to all appropriate objections (including, but not limited to,

6 objections concerning competency, relevancy, materiality, propriety, admissibility, and attorney-

7 client privilege and attorney work product), which would require the exclusion of any statement

8 contained herein if the interrogatory were asked of, or any statement contained herein were made

9 by, a witness present and testifying in court. All such objections and grounds are therefore reserved

10 and may be interposed at the time of trial.

11 The party on whose behalf these supplemental answers are given has not yet completed

12 investigation of the facts relating to this action and has not yet completed preparation for trial.

13 Consequently, the following answers are given without prejudice to the answering party’s right to

14 produce at the time of trial subsequently discovered evidence relating to the proof of facts

15 subsequently discovered to be material.

16 The party on whose behalf these supplemental answers are prepared has used its best efforts

17 to gather information responsive to each interrogatory. However, the following answers are given

18 without prejudice to the answering party’s right to produce, at the time of trial, materials and/or

19 information inadvertently excluded from any answer contained herein.

20 Except for the facts explicitly admitted herein, no admission of any nature whatsoever is to

21 be implied or inferred. The fact that an interrogatory herein has been answered should not be taken

22 as an admission or a concession of the existence of any facts set forth or assumed by such

23 interrogatory, or that such answer constitutes evidence of any fact set forth or assumed. All answers

24 must be construed as given on the basis of present recollection.

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1 This preliminary statement is incorporated into each of the supplemental responses set forth

2 below.

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20 SPECIAL INTERROGATORY NO. 19:

21 IDENTIFY all members of YOUR Board of Directors from March 2021 to the present.

22 RESPONSE TO SPECIAL INTERROGATORY NO.19:

23 Objection. Responding Party objects to this interrogatory on the grounds that the term,

24 “Board of Directors” is vague and ambiguous and overbroad as to time period and subject matter.

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1 Responding Party further objects to this interrogatory as seeking information protected from

2 disclosure by the attorney-client privilege, the attorney work product doctrine and/or seeks

3 information prepared in anticipation of litigation. (See, e.g., Coito v. Superior Court (2012) 54

4 Cal.4th 480; Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214, 216-217).

5 Responding Party further objects to this request as information which would violate the privacy

6 rights of Defendants and third parties under the California and U.S. Constitutions.

7 SUPPLEMENTAL RESPONSE TO SPECIAL INTERROGATORY NO. 19:

8 Responding Party incorporates its previous response herein and supplements its response

9 as follows:

10 As of September 4, 2022, the BCS Board includes Jennifer Magill; Dr. Vanessa Hughes;

11 Dr. Apryl Alexander; Lenore Silverman; Dr. Denette Boyd-King; Dr. Dorit Saberi;, and Dee Anna

12 Hassanpour who may be contacted through Responding Party’s attorneys of record.

13 FURTHER SUPPLEMENTAL RESPONSE TO SPECIAL INTERROGATORY NO. 19:

14 THE FOLLOWING RESPONSE TO THIS INTERROGATORY IS DESIGNATED

15 AS “CONFIDENTIAL” SUBJECT TO THE TERMS OF THE STIPULATED

16 PROTECTIVE ORDER:

17 Responding Party incorporates its previous response herein and further responds as follows:

18 March 2021 – Present: Vanessa Hughes, Jennifer Magill; March 2021 – June 2021: Jeremy

19 Whiteley; March 2021 – December 2021: Katherine McNamara; and April 2021 – December 2021:

20 William Boyles, all of whom may be contacted through Responding Party’s attorneys of record.

21 Remaining board members are included in the answer to Special Interrogatory No. 20.

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1 SPECIAL INTERROGATORY NO. 20:

2 For each member of YOUR Board of Directors that served between March 2021 and the

3 present, state the dates during which the person served as a member of BCS’s Board of Directors.

4 RESPONSE TO SPECIAL INTERROGATORY NO. 20:

5 Objection. Responding Party objects to this interrogatory on the grounds that the term,

6 “Board of Directors” is vague and ambiguous and overbroad as to time period and subject matter.

7 Responding Party further objects to this interrogatory as seeking information protected from

8 disclosure by the attorney-client privilege, the attorney work product doctrine and/or seeks

9 information prepared in anticipation of litigation. (See, e.g., Coito v. Superior Court (2012) 54

10 Cal.4th 480; Nacht & Lewis Architects, Inc. v. Superior Court (1996) 47 Cal.App.4th 214, 216-217).

11 Responding Party further objects to this request as information which would violate the privacy

12 rights of Defendants and third parties under the California and U.S. Constitutions.

13 SUPPLEMENTAL RESPONSE TO SPECIAL INTERROGATORY NO. 20:

14 Responding Party incorporates its previous response herein and supplements its response

15 as follows:

16 Jennifer Magill, March 22, 2021, to present; Vanessa Hughes, March 22, 2021 to present; Dr.

17 Apryl Alexander 6/13/2022 to present; Lenore Silverman, 1/18/2022 to present; Dr. Denette Boyd-

18 King 8/15/2022 to present; Dr. Dorit Saberi, 6/18/2022 to present; and Dee Anna Hassanpour,

19 6/15/2022 to present.

20 FURTHER SUPPLEMENTAL RESPONSE TO SPECIAL INTERROGATORY NO. 20:

21 THE FOLLOWING RESPONSE TO THIS INTERROGATORY IS DESIGNATED

22 AS “CONFIDENTIAL” SUBJECT TO THE TERMS OF THE STIPULATED

23 PROTECTIVE ORDER:

24 Responding Party incorporates its previous response herein and further responds as

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1 follows:

2 Jennifer Magill, March 22, 2021, to present; Vanessa Hughes, March 22, 2021 to present; Dr.

3 Apryl Alexander 6/13/2022 to present; Lenore Silverman, 1/18/2022 to present; Dr. Denette Boyd-

4 King 8/15/2022 to present; Dr. Dorit Saberi, 6/18/2022 to present; and Dee Anna Hassanpour,

5 6/15/2022 to present, all of whom may be reached through Responding Party’s attorneys of record.

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12 DATED: December 12, 2022 MESSNER REEVES LLP

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14 Jennifer Berneking
Kathleen Carter
15 Jennifer Berneking
Attorneys for Defendants BREAKING CODE
16 SILENCE, a CA 501(c)(3) nonprofit corp. and
JENNIFER REBECCA MAGILL, an
17 individual
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Case 2:22-cv-02052-MAA Document 98-2 Filed 07/14/23 Page 12 of 14 Page ID #:3709

1 CASE NAME: KATHERINE MCNAMARA et al. v. BREAKING CODE SILENCE et

al.
2
ACTION NO.: 22STCV14977
3
PROOF OF SERVICE
4 METHOD OF SERVICE
5  First Class Mail  Facsimile  Messenger Service

6  Overnight Delivery  E-Mail/Electronic Delivery

7 1. At the time of service, I was over 18 years of age and not a party to this action.

2. My business address is 650 Town Center Drive, Suite 700, Costa Mesa, CA 92626, County of
8 Orange County.

9 3. On December 16 , 2022, I served the following documents:

10 BREAKING CODE SILENCE’S FURTHER SUPPLEMENTAL RESPONSES TO

JEREMY WHITELEY’S SPECIAL INTERROGATORIES, SET ONE
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4. I served the documents on the persons at the address below (along with their fax numbers
12 and/or email addresses if service was by fax or email):
13 PLEASE SEE ATTACHED SERVICE LIST

14 5. I served the documents by the following means:

a.  By United States mail: I enclosed the documents in a sealed envelope or package

15 addressed to the persons at the addresses specified in item 4 and placed the envelope for collection
and mailing, following our ordinary business practices. I am readily familiar with this business’s
16 practice for collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course of business
17 with the United States Postal Service, in a sealed envelope with postage fully prepaid at the address
listed in Paragraph 2 above.
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b.  By overnight delivery: I enclosed the documents in an envelope or package provided
by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I placed the
19 envelope or package for collection and overnight delivery at an office or a regularly utilized drop
box of the overnight delivery carrier.
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c.  By messenger: I served the documents by placing them in an envelope or package
21 addressed to the persons at the addresses listed in item 4 and providing them to a messenger for
service.
22 d.  By fax transmission: Based on an agreement between the parties and in conformance
with Rule 2.306, and/or as a courtesy, I faxed the documents to the persons at the fax numbers listed
23 in item 4. No error was reported by the fax machine that I used. A copy of the record of the fax
transmission is attached.
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1 e.  By email or electronic transmission: I sent the documents via my electronic

service address (abrimhall@messner.com) to the persons at the email addresses listed in item 4.
2 I did not receive, within a reasonable time after the transmission, any electronic message or other
indication that the transmission was unsuccessful.
3 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.
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Date: December 16 , 2022
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Case 2:22-cv-02052-MAA Document 98-2 Filed 07/14/23 Page 14 of 14 Page ID #:3711

1 SERVICE LIST

3 Dirk O. Julander
Catherine A. Close
4 M. Adam Tate
Helene P. Saller
5 JULANDER, BROWN & BOLLARD
9110 Irvine Center Drive
6 Irvine, CA 92610
Telephone: (949) 477-2100
7 Facsimile: (949) 477-6355
Email: doj@jbblaw.com
8 cac@jbblaw.com
adam@jbblaw.com
9 helene@jbblaw.com

10 Attorneys for Plaintiffs, KATHERINE MCNAMARA and JEREMY WHITELEY

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Richard R. Clouse, Esq.
12 Lawya L. Rangel, Esq.
Rachel Martinez
13 CLOUSEPANIA ATTORNEYS
8038 Haven Avenue, Suite E.
14 Rancho Cucamonga, CA 91730
Tel: 909-941-3388
15 Fax: 909-941-3389
Email: rrclouse@csattys.com
16 llrangel@csattys.com
rmartinez@csattys.com
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18 Co-Defendant for Defendant, VANESSA HUGHES

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