In case you missed the email or the update on our website, here is the most recent letter from President Kuan on our litigation.
The complaint that CST filed on Aug. 31, 2016 against CUC and CGU for claims, including quiet title and declaratory relief, and CUC and CGU’s cross-claims against CST, finally came to trial on September 24, 2018. I am happy to report that the trial portion is now over and that all the documents and testimony are in evidence. The parties must each submit Closing Briefs on October 19, 2018. After that, each party will submit a Reply Brief on November 2, 2018.
I wanted to give you general overview of the trial.
Day 1 began on Monday morning, September 24. Our Chair of the Board, Tricia Farris, Game Quan, and Mike Brown were in court, along with our legal team, Charles Clark and Kathryn Casey. Ron DeFelice, a real estate transactional lawyer from Charles and Kathryn’s firm, attended as well.
After opening statements by Charles and the opposing counsel, I was put on the stand. I remained there for the rest of the day and the beginning of Day 2. The opposing counsel took hours to cross-examine me. On Day 2, Game Quan, our VP for Business Affairs/CFO, was called to the stand. His testimony and cross-examination were focused on finances and didn’t take long. Charles then called Dr. Brenda Barham Hill, the former CEO of CUC. Her testimony lasted the remainder of Day 2 and continued on through the morning of Day 3. Charles spent more time questioning her than any other witness, and I believe this was also the case for opposing counsel.
Charles next called Dominic Dutra, who had flown in from vacation in Boston, to take the stand. Dominic’s testimony and cross-examination were not very long, partly because some of the documents he was going to testify about were excluded by the Court. The final witness we called for Day 3 was Stig Lanesskog, the current CEO of CUC. His testimony also did not last long, partly because opposing counsel could not discuss historical documents with Mr. Lanesskog as the Court determined that he lacked sufficient knowledge. On Day 4 Leslie Negitto, the VP of finance and administration and treasurer at CGU, and Jeffrey Slavin, one of our consultants at DCG Strategies, took the stand. Both their testimonies were short. Mr. Slavin was the last live witness to testify. CST put on a number of witnesses through designations from the witnesses’ deposition transcripts. Those designations will come into evidence and be considered the same as if the witnesses testified in Court. CUC and CGU did not call any additional witness to provide live testimony after CST closed its case.
Thereafter, Judge Oki dealt with administrative matters with the legal counsels. Judge Oki decided that closing statements would be made through briefs as opposed to oral arguments, which we understand is common in a bench trial where no jury is involved.
Moving forward, the two parties will be submitting closing briefs by October 19th and then have until November 2nd to respond/rebut each other’s closing briefs. We hope to have a final ruling from the Court by the end of November.
Our legal counsel, Charles Clark, with assistance from Kathryn Casey, did an amazing job to thread through the evidence with the different witnesses. Our attorneys stayed very focused on the relevant issues and we believe they were successful in putting the necessary documents and testimony before the judge. We believe the judge is focused on the correct issues and our counsel were able to prevent the injection of irrelevant and “sideshow” evidence. We are glad that this phase is over, and that we have moved closer to a decision. We remain hopeful.
I want to express my thanks to Tricia Farris for being there to support us, to Game Quan for the good work he did in serving as a witness for the school and sitting through parts of the laborious process, to Dominic Dutra and Jeff Slavin for their strong testimonies, and Mike Brown for being there on the first day to support us. I appreciate also Ron DeFelice’s presence every day. My gratitude goes to Charles and Kathryn for being incredibly well-prepared for the trial and for always being available and taking the time to discuss the many issues with us throughout the trial.
Thank you all for your good thoughts and prayers. I will continue to update you as our litigation moves toward a decision in the next couple of months.
Rev. Dr. Kah-Jin Jeffrey Kuan