Opposition ObjectionsCal. Super. - 6th Dist.July 18, 2017 - 1 - PLAINTIFF’S OBJECTION TO DEFENDANT’S REQUEST FOR JUDICIAL NOTICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Larry W. Lee, Esq. SBN 228175 DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 Attorneys for Plaintiff (Additional counsel on following page) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA SHAILENDRA SINGH, as an individual and on behalf of all others similarly situated, Plaintiffs, vs. INTER-CON SECURITY SYSTEMS, INC., a Corporation, and DOES 1 through 50, inclusive, Defendants. Case No. 17CV313202 Assigned for All Purposes to Honorable Brian C. Walsh in Department 1 PLAINTIFF’S OBJECTION TO DEFENDANT’S REQUEST FOR JUDICIAL NOTICE Date: January 25, 2019 Time: 9:00 a.m. Dept: 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/14/2018 11:05 AM Reviewed By: R. Walker Case #17CV313202 Envelope: 2278889 17CV313202 Santa Clara - Civil - 1 - PLAINTIFF’S OBJECTION TO DEFENDANT’S REQUEST FOR JUDICIAL NOTICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dennis S. Hyun (State Bar No. 224240) HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 (213) 488-6555 (213) 488-6554 facsimile Edward W. Choi, State Bar No. 211334 Paul M. Yi, Esq. SBN 207867 LAW OFFICES OF CHOI & ASSOCIATES, APLC 515 S. Figueroa St. Suite 1250 Los Angeles, CA 90010 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 William L. Marder, Esq. (SSN 170131) POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831) 634-0333 Attorneys for Plaintiff - 2 - PLAINTIFF’S OBJECTION TO DEFENDANT’S REQUEST FOR JUDICIAL NOTICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff SHAILENDRA SINGH (“Plaintiff”) hereby objects to Defendant INTER-CON SECURITY SYSTEMS, INC.'s (“Defendant”) Request for Judicial Notice as follows: Defendant’s Evidence Plaintiff’s Objection Court’s Ruling Exhibit A: Senate Bill 940, Introduction, dated February 23, 2007 Relevance. Senate Bill 940 added Labor Code §201.3. However, Assembly Bill 1311 amended Labor Code §201.3 on July 22, 2016. Through this amendment, security guards that work for a private patrol operator licensed by the State of California are defined as temporary workers and required to pay its employee wages on a weekly basis, regardless of when the assignment ends. __ Sustained __ Overruled Exhibit B: Senate Bill 940, Senate Rules Committee Bill Analysis dated June 24, 2008 Relevance. Senate Bill 940 added Labor Code §201.3. However, Assembly Bill 1311 amended Labor Code §201.3 on July 22, 2016. Through this amendment, security guards that work for a private patrol operator licensed by the State of California are defined as temporary workers and required to pay its employee wages on a weekly basis, regardless of when the assignment ends. __ Sustained __ Overruled Exhibit C: Assembly Bill 2733, Bill Analysis/Enrolled Bill Report, dated June 16, 1986 (“AB2733”) Relevance. AB 2733 added the term “temporary services employer” for the purposes of unemployment insurance tax contributions. Labor Code §201.3 includes its own definition of temporary services employer. Further, Assembly Bill 1311 amended Labor Code §201.3 __ Sustained __ Overruled - 3 - PLAINTIFF’S OBJECTION TO DEFENDANT’S REQUEST FOR JUDICIAL NOTICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on July 22, 2016. Through this amendment, security guards that work for a private patrol operator licensed by the State of California are defined as temporary workers and required to pay its employee wages on a weekly basis, regardless of when the assignment ends DATED: December 14, 2018 DIVERSITY LAW GROUP, P.C. LAW OFFICES OF CHOI & ASSOCIATES, P.C. By: Larry W. Lee Edward W. Choi Attorneys for Plaintiff