Grant v. Kamehameha Schools/Bernice Pauahi Bishop Estate et al

Filing 59

DECLARATION of Brad Santiago in Support of re 50 MOTION to DISMISS. (Wadsworth, Clyde)

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Bingham McCutchen LLP CHARLENE S. SHIMADA (SBN 91407) JOHN D. PERNICK (SBN 155468) ROBERT BRUNDAGE (SBN 159890) [e-mail] [e-mail] [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 Alston Hunt Floyd & Ing PAUL ALSTON (Admitted Pro Hac Vice) CLYDE J. WADSWORTH (SBN 118928) [e-mail] [e-mail] American Savings Bank Tower, 18th Floor 1001 Bishop Street Honolulu, HI 96813 Telephone: [phone] Facsimile: 808.524.4591 Attorneys for Defendants and CrossDefendants KAMEHAMEHA SCHOOLS/ BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ERIC GRANT, Plaintiff, v. KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE; J. DOUGLAS ING, NAINOA THOMPSON, DIANE J. PLOTTS, ROBERT K.U. KIHUNE, and CORBETT A.K. KALAMA, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate; JOHN DOE; and JANE DOE, Defendants. And Related Cross and Counterclaims. No. 08-00672 FCD-KJM DECLARATION OF BRAD SANTIAGO IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS' MOTION TO DISMISS Date: October 31, 2008 Time: 10:00 a.m. Courtroom: 2 Before: Hon. Frank C. Damrell, Jr.

DECLARATION OF BRAD SANTIAGO IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS' MOTION TO DISMISS; CASE NO.08-00672 FCD-KJM A/72549866.4/2020749-0000332341

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I, Brad Santiago, declare as follows: 1. Estate ("KS"). 2. I make this declaration based upon my personal knowledge and knowledge I am the Senior Asset Manager of Kamehameha Schools/Bernice Pauahi Bishop

obtained through my review of KS's business records, and I am competent to testify to the matters stated in this declaration. 3. KS is a private, tax-exempt K-12 educational institution in Hawai`i. It was

created under the last will and testament of Princess Bernice Pauahi Bishop, the last royal descendant of King Kamehameha I of Hawai`i, who left her property in trust for a school dedicated to the education and upbringing of native Hawaiians. KS operates three K-12 campuses and 30 preschools, all in the State of Hawai`i. 4. KS does not own or lease any real or personal property in California. KS

formerly owned real property in Riverside County which it acquired through a deed in lieu of foreclosure. It sold this property in June 2003, before the lawsuit against KS by the Does was settled. 5. 6. 7. 8. 9. 10. KS has no agent for service of process in California. KS is not registered to do business in California. KS maintains no employees or offices in California. None of KS' trustees, officers or administrators is a citizen of California. KS is not incorporated in California or licensed to do business in California. KS maintains a website which is accessible by users worldwide, including

California. However, the website is not maintained to serve California in particular and the website allows no business transactions to be performed. 11. I understand that counsel for Eric Grant and John Doe and Jane Doe in this action

cite a scholarship available to students from Northern California as evidence that KS has ties to California. The scholarship in question is not offered by KS. It was created and donated by the Kamehameha Schools Alumni Association of Northern California, a separate and independent legal entity that is neither owned nor controlled by KS.
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DECLARATION OF BRAD SANTIAGO IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS' MOTION TO DISMISS; CASE NO.08-00672 FCD-KJM A/72549866.4/2020749-0000332341

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I declare under penalty of law that the foregoing is true and correct. DATED: Honolulu, Hawai`i, July 3, 2008.

________/s/ Brad Santiago_______________ BRAD SANTIAGO (original signature retained by Paul Alston)

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DECLARATION OF BRAD SANTIAGO IN SUPPORT OF KAMEHAMEHA SCHOOLS DEFENDANTS' MOTION TO DISMISS; CASE NO.08-00672 FCD-KJM A/72549866.4/2020749-0000332341