VARIAN ADMITS HARASSING CHILDREN!
"May 21, 2004
VIA FEDERAL EXPRESS
Mr. Frederick Ohlrich, Clerk of the Court
California Supreme Court
350 McAllister Street
San Francisco, California 94102-3600
Re: Varian Medical Systems, Inc., Varian Semiconductor Assoicaties, Inc., et al v. Delfino
Case No. S121400
Dear Mr. Ohlrich:
I write to inform the court that yesterday afternoon, May 20, 2004, the respondents in the above-referenced case agreed to the return of moneys taken from the Wells Fargo Bank accounts held by Tria and Tessa Day. When the return of funds occurs, it will moot appellants' request in paragraph number 3 of the prayer in their pending Petition for Writ of Supersedeas (filed March 23, 2004) for an order directing the respondents to return those funds.
All other matters set forth in the supersedeas petition, including the request for a writ of supersedeas staying enforcement of the superior court judgment (including all contempt proceedings) during the pendency of the Supreme Court review, remain at issue.
Very truly yours,
HORVITZ & LEVY LLP
Jon B. Eisenberg
Jeremy B. Rosen
By signed________________________________
Jon B. Eisenberg
Attorneys for Defendants and Appellants
MICHELANGELO DELFINO and MARY E. DAY"
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