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IRWIN M. ZALKIN, ESQ. (#89957)
DEVIN M. STOREY, ESQ. (#234211)
The Zalkin Law Firm, P.C.
12555 High Bluff Drive, Suite 301
San Diego, CA92l30
Tel: 858-259-3011
Fax: 858-259-3015
Email: kwin@zalkin.com

dms@zalkin.com

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GREGORY S. LOVE, ESQ.
Love & Norris
621 Hemphill Street
Fort Worth,TXl6lO4
Tel 817-732-1100

Fax: 8I'l-732-7lOI
Email: gslove @lovenorris.com
(Pro Hac Vice)

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Attorneys for Plaintiff
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF RIVERSIDE

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JW, Individually, by and through her
Guardian Ad Litem, TW;

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Plaintiff,

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Mountain View Congregation of Jehovah's
Witnesses, Murrieta, California; French
Valley Congregation of Jehovah's
Witnesses, Murrieta, California, Inc. ;
Watchtower Bible and Tract Society of
New York, Inc.; Christian Congregation of
Jehovah's Witnesses, Inc.; and Does 1
through 100, inclusive,

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Defendants.
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Case No:

MCC 1300850

NOTICE OF RULING RE:

PLAINTIFF'S MOTION FOR
SANCTIONS AGAINST ALL
DEFENDANTS, INCLUDING ISSUE
SANCTIONS AGAINST
DEFENDANTS MOUNTAIN VIEW
CONGREGATION OF JEHOVAH'S
WITNESSES, MURRIETA,
CALIFORNIA; FRENCH VALLEY
CONGREGATION OF JEHOVAH'S
\ryITNESSES, MURRIETA,
CALIFORNIA, INC.; CHRISTIAN
CONGREGATION OF JEHOVAH'S
WITNESSES,INC.; AND
TERMINATING SANCTIONS
AGAINST SANCTIONS AGAINST
WATCHTOWER BIBLE AND
TRACT SOCIETY OF NEW YORK,
INC.
Date: l-26-15
Time: 8:30 a.m.
Dept: 5303
Trial Date: Vacated

RE: PLAINTIFF'S MOTION FOR SANCTIONS AGAINST ALL DEFENDANTS,
INCLUDING ISSUE SANCTIONS; AND TERMINATING SANCTIONS AGAINST SANCTIONS
AGAINST WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK,INC.

NOTICE OF RULING

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Plaintiff's "motion for sanctions against all Defendants, including issue sanctions against
Defendants Mountain View Congregation of Jehovah's'Witnesses, Murrieta, California;French

Valley Congregation of Jehovah's Witnesses, Murrieta, California, Inc., Christian Congregation

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of Jehovah's Witnesses, Inc.; and Terminating Sanctions Against Watchtower Bible and Tract
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Society of New York, Inc." came on for hearing at 8:30 a.m. on Monday, January 26,2014 in

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Department 5-303 of the Riverside County Superior Court located at 30755-D Auld Road,

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Murrieta, California 92563. Irwin M.Zalkin, Esq. and Devin M. Storey, Esq. appeared on
'Watchtower

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behalf of Plaintiff. Dean A. Olson, Esq. appeared on behalf of Defendants

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and Tract Society of New York, Inc. ("'Watchtower") and Christian Congregation of Jehovah's

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'Witnesses,

Inc. ("CCJW"). Rocky K. Copley, Esq. appeared on behalf of Defendant Mountain

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Bible

View Congregation of Jehovah's

'Witnesses,

Murrieta, California ("Mountain View"). James

M. McCabe, Esq. appeared on behalf of Defendant French Valley Congregation of Jehovah's
Witnesses, Murrieta, California, Inc. ("French Valley").

After considering the written and oral submissions of the parties, the court took the
motion under submission as to Plaintiff's request for terminating sanctions against Defendant

Watchtower. On February 2,2015, the trial court issued the attached ruling, granting Plaintiffls

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motion for terminating sanctions against Defendant Watchtower.

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THE ZALKIN LAW FIRM, P.C.

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Dated:È ( -r

ç
Devin M. Storey
Attorney for Pl

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RE: PLAINTIFF'S MOTION FOR SANCTIONS AGAINST ALL DEFENDANTS'
INCLUDING ISSUE SANCTIONS; AND TERMINATING SANCTIONS AGAINST SANCTIONS
AGÄINST WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK,INC.

NOTICE OF RULING

 RSIDE IJPERIOR COURT
PUBLIC ACCESS
Minute Order
Gase Name: JW VS MOUNTAIN VIEW CONGREGATION OF J E HOVAH'S
Civil

File Date: 61191201

Number: MCC1300850
Tinre: 8:30 AM

Date:21212015
Re: Ruli

s303

on matter submitted 01/26/201 5,

Honorable Judge RaquelA Marquez Presiding

ClerkA. Behrmann
Court Reporter: None
No appearance by either Pafi.
Gourt subsequenty rules on matter taken under submission on 01126115.
Moti on for termi nati ng sa ncti ons

a

gai nst Watchtowe r i s granted'

Answerto istAmended Complaintof W byWATCHTOWERBIBLEAND TRACTSOCIETYOF NEWYORK INC ordered stricken
Affer taking under submission Plaintifi JWs Motion for Sanctions as to Watchtower Bible and
Tract Society of New York, hc. ("Watchtowe/'), the court grants JWs request for terminating

sanctions as to Watchtower. Watchtower has willtullyviolated the Court's February 11,2014
order, by refusing to produce documents that are relevant to Plairfiffs first four causes of
action for negligence (the only causes of action asserted against Watchtower). (C.C'P.
2031 .31 0(i); Biles v.

Exon Mobil Corp(2004) 124 Cal-App.4th 1315,1327 ')

While disputed byWatchtower, the reports at issue (which relate to known molesters within
the organization) pertain to the issue of duty regarding Plaintiffs claim that Watchtower
failed to reasonably investigate Plaintiff' perpefator and failed to wam, train and
educate (FAC 55, 59, 63 and 66)(Juarez v. Boy Scouts of America, hc. (2000) 81 cal.App.4Ût

377,397404.)

Watchtower has exercised its riglrtto file a Petition forWrit of Mandate regarding the
February 11,2014 order, which was denied bythe District Court of Appeals onAugust 1,2014'ft
has also filed a Petition for Reviewwith the California Supreme Court, which was denied on

September24,2014. Watchtowerhas e*rausted its remedies regarding the February 11,2014
order, butstill refuses to Produce.

 OF JEHOVAH'S

Gase Name: JW VS MOUNTAIN VIEW
Civil

File Date: 611912013

Gase Number: MCCl 300850

Action Time:

Action Date:.21212015
Ac'tion

Heari

Re:

s303

AM

on matter submitted 0l/26/201 5.

Atthe January 26,2015 hearing for Plaintiffs Motion for Sanctions, the Court attempted to
girc Watchtower another opportuniÇ to produce these documents before ruling

on the motion.

However, Watchtower rejected this additional opportunity and refused to produce the

outstanding documents. Watchtower does not denythat the documents at issue are responsive to he
February 11,2014 court order orthat it has been ordered to produce these documents. Based on
Watchtower's refusal to produce these documents - despite looming terminating sanctiors that
would strike Watchtowe/s Answer - fhe imposition of lesser sanctions (like monetiary
sanctions) is insuftcient to obtain compliance.
Notice of ruling to be prepared, sen¡ed and submitted by prevailing party.
Notice to be given by Glerk
Print Minute Order
PRINTMINUTE ORDER
PRINTMINUTE ORDER
Print Minute Order

 PROOF OF SERVICE
of Jehovah's Witnesses. et al.
Riverside Superior Court Case No: MCC1300850

I, Lisa E. Maynes, am employed in the city and county of San Diego, State of
California. I am over the age of 18 years and am not a party to the within action; my business
address is 12555 High Bluff Drive, Suite 301, San Diego, CA92130.
On February 6. 2015 I caused to be served the following document:

NOTICE OF RULING RE:
PLAINTIFF'S MOTION FOR SANCTIONS AGAINST ALL DEFENDANTS,
INCLUDING ISSUE SANCTIONS AGAINST DEFENDANTS MOUNTAIN VIEW
CONGREGATION OF JEHOVAH'S \ryITNESSES, MURRIETA, CALIFORNIA;
FRENCH VALLEY CONGREGATION OF JEHOVAH'S WITNESSES, MURRIETA,
CALIFORNIA, INC.; CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES'
INC.; AND TERMINATING SANCTIONS AGAINST SANCTIONS AGAINST
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK,INC.

in this action by placing a true and correct copy of said documents(s) in

sealed envelopes

addressed as follows:

SEE ATTACHED SERVICE LIST

(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
ãddresses listed above. I placed the envelope or package for collection and
overnight delivery at an office of a regularly utilized drop box or the overnight
delivery carrier.

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(BY MAIL) 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 San
Diego, 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 postagè meter date is more than one day after date of deposit for
mailing in affidavit.
(BY PERSONAL SERVICE) By causing to be delivered by hand to the offices of the
addressee(s) on the date listed above.

(BY FACSIMILE) By causing to be faxed to the offices of the addressee(s) on the date
listed above.

(BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
agreement of the party to accept service by e-mail or electronic transmission, I caused
the documents to be sent to the persons at the email address listed below. I did not
receive, within a reasonable time after the transmission, any electronic messages or other
indication that the transmissions were unsuccessful.

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declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct
Dated: Februarv 6.20L5

MAILING LIST
Rocky K. Copley, Esq.
Law Office of Rocky K. Copley
225 Broadway, Suite 2100
San Diego, CA92I0I
TeI:619232-3131
Fax: 619-232-1690
Email : rkcoolev @ rkc-rocklaw.com
Attorney for Defendant
Mountain View Congregation of Jehovah's Witnesses, Murrieta, California
James M. McCabe, Esq.

The McCabe Law Firm, APC
4817 Santa Monica Avenue, Suite B
San Diego, CA92l07
Tel: 619-224-2848
Fax: 619-224-0089
Email: jim@mccabelaw.net
Attorney for Defendant
French Valley Congregation of Jehovah's Witnesses, Murrieta, California, Inc.;
Joel M. Taylor, Esq.
Watchtower Bible &Tract Society of New York, Inc.
Legal Department
100 Watchtower Drive
Patterson, NY 12563
Tel: 845-306-0700 x 46760
Counsel for Defendant (Pro Hac Vice)
'Watchtower
Bible and Tract Society of New York, Inc.;
Mountain View Congregation of Jehovah's Witnesses, Murrieta, California
Christian Congregation of Jehovah' s'Witnesses
Beth A. Kahn, Esq.
Brendan Chan, Esq.
Morris Polich & Purdv LLP
1055 w. 7ù Street, 24ft Floor
Los Angeles, CA 9OOl7
Tel: 213-891-9100
Fax: 213-488-1178
Email: bkahn@mpplaw.com
bchan@mmplaw.com
Attorneys for Defendant
Watchtower Bible and Tract Society of New York, Inc.;
Christian Congregation of Jehovah' s Witnesses

 Gregory S. Love, Esq.
Love & Norris
621 Hemphill Street
Fort Worth,TXl6104
817-132-7100
Fax: 817-132-7101
@lovenorris
Email:
Attorneys for Plaintiff

Tel: