Southern California Institute of Law v. TCS Education System et al

Filing 36

NOTICE filed by plaintiff Southern California Institute of Law. Notice of Errata to First Amended Complaint (Shohet, George)

1
2
3
4
5

George A. Shohet SBN 112697
LAW OFFICES OF GEORGE A. SHOHET,
A PROFESSIONAL CORPORATION
245 Main Street, Suite 310
Venice, CA 90291-5216
Tel.: [phone]
Fax: [phone]

6
7
8
9
10

Gretchen M. Nelson SBN 112566
KREINDLER & KREINDLER LLP
707 Wilshire Blvd, Suite 4100
Los Angeles, CA 90017
Tel.: [phone]
Fax: [phone]

11
12

Attorneys for Plaintiff
Southern California Institute of Law

13
14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16
17
18

SOUTHERN CALIFORNIA
INSTITUTE OF LAW, a California
corporation,

CASE NO.: CV10-8026 JAK (AJWx)
[Assigned to Hon. John A. Kronstadt]

19
20
21
22
23
24
25
26
27

Plaintiff,
vs.
TCS EDUCATION SYSTEM, an
Illinois corporation; DAVID J.
FIGULI, an individual; and GLOBAL
EQUITIES, LLC d/b/a HIGHER
EDUCATION GROUP, a Colorado
limited liability company,

NOTICE OF ERRATA TO FIRST
AMENDED COMPLAINT
FOR INJUNCTIVE RELIEF AND
DAMAGES
Action Filed: Oct. 25, 2010

Defendants.

28
______________________________________________________________________________
NOTICE OF ERRATA TO FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

1

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

2

PLEASE TAKE NOTICE that plaintiff Southern California Institute of Law

3

is hereby filing Exhibit 1 to its First Amended Complaint For Injunctive Relief And

4

Damages, which was inadvertently omitted from the complaint. A copy of Exhibit 1

5

is attached hereto.

6
7

DATED: May 18, 2011

THE LAW OFFICES OF GEORGE A. SHOHET,
A PROFESSIONAL CORPORATION

8
9

KREINDLER & KREINDLER LLP

10
11
12
13
14

By:
George A. Shohet
Attorneys for Plaintiff

15
16
17
18
19
20
21
22
23
24
25
26
27
28
________________________________________________________________
1
NOTICE OF ERRATA TO FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

EXIIIBIT

1

TCS EDUCA]TON SYST.Efuf,
CONFIDENTIAUTY AND NON-DISCLOSUFJ AGREEMENT
i;i

THIS AGREEMENT is made

i!:
:il
tii

as of the 24thday

of Septernber,2009,

BETWBIN

:..

i;l
:ii

'ij

TCS Education System

(hereinaftcr referred to as'.TCS")
-and-

Southern California Institutc of Lnw
(hereinafter referred to as "SCIL")

WHEREAS for the purposes of facilitating a tmrsaction (the "Relationship") between TCS and SCIL,
will provide access to plnprietary, trade secret and confidential itrformation to the other, which lnay
include, without lirniting the genelality of the foregoing, strategies and strafegic plans, business oppot'tunities,
business plans, financial repofts, statements and projections, tmde narnes and tnat'ks, documents, progmllls,
techniques, know-how, and specifications (all such doculnerrts and iterns, including any copies, rept'oductions or
derivations theleof or therefiom shall hereinafter be lefened to as "Infomtation").
the parties

THERBFORE TI{IS AGRBEMENT WLTNESSES that, in consideration of the I{elationship and of the
mutual covenants hereinafter contained, the parties hereto aglee as follows;

1. 'lhe Infomration, and all riglrts, titie and ilrterest thereto, shall rernain the property of the party providing
it ("Disclosing Palty"). The receiving palty ("lteceivilrg Pa*y'') shall not use, reproduce, or directly or indirectly
disclose ol allow access to the inibrmation except as required to facilitate the Relationship.

2.

The Receiving Party shali protect the confidentiality of the Irrfornmtion li'om the date of its receil:t
hereundcr witlr at least the same diligence ancl carc as would be required of Receiving Party if it were a ficluciary
o1'the Disclosing Party, that is the utmost good faith and cale fol the interests o1'the Disclosirrg Party.

3.

'I'he Receiving Party shall <lisclose the Inforrnation only to those of its own agents or employees who
require the Infonnation for the purpose of the Relationship, Prior to disclosing the Infornration to its own agents
or employees, the Receiving Party shall issue appropriate instructions to satisfy its obligations under this
Agreeprent. The Receivirrg Pirty, however, will remain fully liable for any breach of its obligations caused by the
actions or ornissions of any of its agents or employees.

4.

Tire Receiving Party nay provi<ie to any of its subsidiaries or its parent, Infonnatiotl ouly upon obtaining
tlre written conseilt of tlie subsiciiary and/or parent to the same tenns and conditions contained in this Agreentent.
'fhe Receiving Party shall give to the Disclosing Party an executcd copy of each such consent,

5.

Upon tei.mination, for ally reason, of the Relationship, or upon the request of the Disclosing Party, the
Ileceiving Party shall promptly destroy and certify the destruction to the Disclosing Party of all information
belonging to tlre Disclosing Paity and copies thereof suscoptible of being destroyed' To "destroy''in the case-of
electronic clata shall mean-to ,.ilrou" wiihout the.ability to lecall or recouet such data frorl all storage tnedia
ulder the control of the Receiv{ng Pafty or any party to whotn the Iufomtation was disclosed.

Exhibit 1

TCS EDUCATTON SYSTEhd
CONEIDENTIAUTY A}[D NON-DISCLOSURE AGPGEMENT
6.
I

Neither party shall be liabie fol disclosure of the Information upon the occutrence of one or more of the

following events:

(a) the Information enters the public domain other than through a breach of this Agleement;
(b) the Infonnation is subsequently lawfully obtained by the Receiving Party from a third palty or palties

rit

i:i

ii
i:

under circumstances that do not involve a bleach of this Agt'eement or the legal rights of the Disclosing
Party; or
the Infonnation is disclosed in cornpliance with any applicable law or regulation that n:andates its
disclosure, provided that the Disclosing Pafiy is given prourpt notice of such any demand for or required
disclosure,

t:i
'i:

ii;

(c)

7. Unless otherwise agreed, this Agreement shall continue until such time as any Infonnation received by
l{eceiving Pafiy hereunder is returned to the Disclosing Party or destroyed.
8. This Agreement shall be govemed and interpreted in accordance with the laws applicable in the State of
California.
9
If any provision or any part of any provision of this Agreenent is held to be unenforceable, invalid or
illegal, then it sirall be severable and deerned to be deleted and the remaining provisions shall remain valid and
binding.

10. Notwithstanding anytlring iu this Agreement to the corrtrary, nothing in this Ageelnent shall be deenred
to inhibit or plohibit either party fi'om pursuing business opporturities or other alrarlgerrents or endeavors of any
kind so long as the terms and provisions of this Agreemerrt are rnaintained inviolate.
1.

1
This Agreernent supersedes and replaces all existing agreements between TCS and SCII, relating
generally to the subject mattel hereof, It rnay not be rnodified or tenninated, in whole ol in part, excepl in rvliting
signed by both parties,

IN WITNIDSS WFIBRBOI'tlre parties have caused this Agreenrent to be executed on the date first above
wlitten.

TCS EDUCATION SVSTEM

SOUTHERN CALIFORNIA INSTIT'U'I'I' OF LAW

Exhibit 1

1
2

CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who have

3

consented to electronic service are being served with a copy of the foregoing

4

document via Central District of California CM/ECF system on May 18, 2011

5
6

____/s/ George A. Shohet_______________

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
---------------------------------------------------------------------------------------------------------------------------CERTIFICATE OF SERVICE