Declaration_supplemental_declaration_of_plaintiff_rachel_martinez_in_support_of_her_opposition_to_defendants_motion_to_compel_arbitrationMotionCal. Super. - 2nd Dist.October 24, 2018Electronically FILED by Superior Court of California, County of Los Angeles on 02/27/2019 01:16 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk © 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gary Rand & Suzanne E. Rand-Lewis Professional Law Corporations Suzanne E. Rand-Lewis, Esq., SBN: 126219 5990 Sepulveda Boulevard, Suite 630 Sherman Oaks, California 91411-2523 Tel: (818) 779-1720 Fax: (818) 779-1730 Email: srand-lewis@randandrand-lewisplcs.com Attorneys for Plaintiff, Rachel Martinez SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT RACHEL MARTINEZ, CASE NO. 18STCV02173 Plaintiff, Assigned for all purposes to Hon. Barbara M. Scheper VS. Department 30 LEGACY PARTNERS, INC,, et al., SUPPLEMENTAL DECLARATION OF PLAINTIFF RACHEL MARTINEZ IN Defendants. SUPPORT OF HER OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ARBITRATION [Plaintiff's Opposition; Objections to Evidence filed concurrently] Date: March 4, 2019 Time: 8:30 a.m. Dept.: 30 Complaint Filed: October 24, 2018 Trial Date: None Set I, RACHEL MARTINEZ, declare: 1. Tam the Plaintiff in the above-entitled matter. I am over the age of 18 and have personal knowledge of the matters stated herein. 2. If called upon to testify as to matters stated herein, I could competently do so. 3. I submit this Supplemental Declaration in support of my Opposition to Defendants, LEGACY PARTNERS, INC.’s (hereinafter referred to as “Legacy”) and THOMAS MEREDITH’s (hereinafter referred to as “Meredith”) (hereinafter and collectively referred to as “Defendants™), 1 DECLARATION OF PLAINTIFF RACHEL MARTINEZ IN SUPPORT OF HER OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ARBITRATION Nn ~N O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Motion to Compel Arbitration and to Stay the Proceedings Pending Arbitration. 4. Ihave reviewed the Supplemental Declaration of Amelia Johnson in support of Defendant Legacy’s Motion. Same is untrue and misleading. 5. At no time was I ever advised by anyone at or on behalf of Defendant Legacy, either verbally or in writing, that I was still employed with them or that my employment with them was being placed on “hold following my employment being terminated by Defendant Legacy when the sale of Waterstone Apartment Homes was final and my contract with said employer ended on September 16, 2016. Attached hereto is a true and correct copy of letter from Defendant Legacy’s Jon Scott Morrision, Sr. Vice President to me of June 7, 2016 which confirms that I would be receiving a “Stay- On” bonus of $18,038.79 if my employment ended as a result of the sale of Waterstone Apartment Homes, but if I continued to be employed by Defendant at another Legacy worksite, I would only receive 50% of the stay bonus. Attached is a true and correct copy of said letter marked Exhibit “A”. When my employment was terminated by Defendant Legacy on September 16, 2016, I received the full “stay-on” bonus of $18,038.79, as reflected on my final paycheck stub, a true and correct copy of which is attached hereto as Exhibit “B”. Had my employment continued with Defendant Legacy, I would have only received 50% of that amount, but I did not, I received the full amount. These confirm my employment ended with Defendant Legacy on September 16, 2016. 6. On October 7,2016, Ireceived a text message from Defendant, Meredith, offering me anew job which would begin on October 11, 2016, which position I accepted. However, at no time thereafter was I ever provided with any paperwork to complete when I was re-hired on or about October 11, 2016. Attached hereto is a true and correct copy of that text message marked Exhibit eee, 7. Exhibit “E”, page 13, to the Declaration of Amelia Johnson is a copy of pay stub for the pay period of 9/17/16 to 9/30/16. This was not for wages; it was an adjustment and taxes on the apartment that I had been staying in during my employment, as I had been required to live on site as part of my employment. 8. The next pay stub, page 14 for the pay period of 10/1/16 to 10/14/16 accurately reflects that I only worked 32 hours that week because I started my employment on October 11, 2016 so that I 2 DECLARATION OF PLAINTIFF RACHEL MARTINEZ IN SUPPORT OF HER OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ARBITRATION S S © 0 N N O N Wn Bb 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 worked 8 hours each day from October 11, 2016 to October 14, 2016 for a total of 32 hours. 9. Inever received any earnings in any form from Defendant Legacy between September 16, 2016 and my re-hire date on or about October, 11, 2016. I was not on “hold” or employed by Defendant Legacy at that time. 10. Additionally, Ms. Johnson further references documents in her Declaration which she stated were in my personnel file which substantiate that I was never terminated and that my position was placed “on hold”. This again is not true. Following being terminated by Defendant Legacy on or about November 21, 2016 which termination is the basis of this lawsuit, I requested a copy of my personnel file, which was provided to me by Defendant Legacy, and which did not contain any of the documents as claimed by Ms. Johnson. /1/ /l/ 1 //] I I] /1/ 11 11 111 1 11 I /1/ /l/ /l/ Il] Ill 3 DECLARATION OF PLAINTIFF RACHEL MARTINEZ IN SUPPORT OF HER OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ARBITRATION Oo 0 N Y D W N N O N N N r e ee e m p e b d p t p d ed e d pe I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 25" day of February, 2019, in Sherman Oaks, California. / Ra€he]l Margiitz 4 "SUPPLEMENTAL DECLARATION OF PLAINTIFE RACHEL MARTINEZ IN SUPPORT OF HER OPPOSITION TO DEFENDANTS” MOTION TO COMPEL ARBITRATION EE E FESASY Hand Delivered June 7, 2016 TO: Rachel Martinez, Business Manager Waterstone Re: Stay-on Bonus Waterstone Sale Dear Rachel: This letter confirms our recent announcement. As a result of the pending Sale of Waterstone, Legacy Partners, Ine. ("Legacy") has developed a retention bonus plan as an incentive for you to remain employed with Legacy at your current worksite through the closing of the sale. 1 Is anticipated thal a closing of sale may occur prior to the end of September 2018 but may exceed that time. This letter confirms the terms and conditions of the "Stay.on® bonus that Legacy Is offering you, : 1. In addition to what you are o erwise entitled, Legacy will pay yo wi hholdi ngs 2 eductio s if your employment c g sale. If you continu loyment at another Legacy he “Stay-on" bonus will be paid as follows: the firs 2. If the property is taken off the market, no “stay-on" bonus will be paid. 3. Because the “Stay-on” bonus is offered as an incentive for you to stay with Legacy at yaur current worksite, eligibility for the bonus described in number 1 is fully contingent upon you continuing to report to work and performing your job responsibilities In a satisfactory manner al your current worksite through the end or close of the pending sale. 4. If you resign and leave employment of Legacy or transfer to another Legacy worksite at any paint prior to end or close of sale, without approval of Legacy management, you will forfeit the “Stay-on bonus. 5. If you are terminated for cause at any point prior to end or close of sale, you may forsit the *Stay-on” bonus. This letter does not constitute a contract. You continue to be an “At Will" employee, which means that either you or the company may terminate your employment at any time without notice or cause. Sincerely, Legacy Partners, inc. SMe on Scott Morrison Senior Vice President | have read and understand the terms and conditions of receiving a Stay-On Bonus as a result of the pending Sale of Waterstone, and | agree 10 the terms as outlined above. I GL He ets 4000 EAST THIRD AVENUE, SUITE60O «FOSTER CITY, CA94408 s T 6505712250 « LEGACYPARTNERS.COM Pay Stub Page 1 of 1 LEGACYPARTNERS, INC. CI ECKNO: Atddszt i INC. PAGE NUMBER: 1 of 1 LEGACY PARTNERS Ta : FOSTER CITY, CA 84404 0 MARTINEZ,RACHEL M STATUSEXEMPT TAX DJUSTMENTS: STATE AND LOCAL CODES 8961LURLINEAVE#312 IDNUMBER: SR45183534 FED: SINGLE 2 FED: %0 STI: %0 PR: CA LOCH: LOCH: CHATSWORTH, CA 91311 BASE RATE: 3,328.80 STi: § 2 DI/ UC: SEC: LOC2: LOCA: §T2: LOCAL: ST2: LOCS: IMPORTANT MESSAGE HOURS AND EARNINGS TAXES AND DEDUCTIONS SPECIAL INFORMATION DESCRIPTION RATE HOURS EARNINGS|. coco. CUR DESCRIPTION AMOUNT, CURRENT EARNINGS ~ ws Au 170 ANT REGULAR 41.6100 7200 2,99592[SOSECTAX 154445 5,050.96)401K ER MATCH 0.00 TERMVACATION 34.6900 7907 2,742.94 [MEDICARE 361.20 1.181.27ICAHSAER 60,00 HOLIDAY PAY 41.6100 8.00 332.88 | TAX : RP TERM LIFE 208 11|FEDINCTAX 00 9,330.835)c BAL ANCE 24.51 TI STATE 00 3483.18|VAC BALANCE 0 100000 [SOWCTAX 22869 37.23) APT NON-CASH 00 553.60 Toa 2,135.34 19,883.47 TOTAL HOURS sous WORKED TOTAL CURRENT AW EARINGS 159.07 2568.04 YEAR-TO-DATE EARNINGS REGULAR 1,384.00 57479.52 VACATION 16.00 665.76 TERM VACATION 7907 274284 SICK 6400 2,663.04 HOLIDAY PAY 4000 165232 BEREAVEMENT 16.00 665.76 PSL ADJ 485.18 EEOFMONTH BNS 100.00 RETENTION BNS 18,038.79 LEASING BONUS 375.00 SHOP BONUS 1,560.00 PRPTY INCENT 10,200.00 APT NON-CASH 0518.40 TOTAL YEAR-TO- DATE 1,590.07 86,099.89 HOURS/EARNINGS PRE-TAX ITEMS CURRENT NET PAY DISTRIBUTION DESCRIPTION CURAMT YTD AMT XXO0O0XONEB25 22,773.13] 401K$ 00 32000 CHECK AMOUNT 00) HDHP MED 239.12 4,304.16 [TOTAL CURRENT 5 PI PT DENTALPRO -16.60 -208.80 NET PAY ody PTVSP 385 69.30 TOTAL PRETAX Eis 25051 499226 GROSS PRE-TAX FITTAXABLE LESS TAXES LESSDEDS EQNET PAY CURRENT 25,168.04 -259.57 2490847 213534 00 277313 Y-T-D 86,099.89 4,992.26 81,107.63 19,883.47 00 61,224.16 hitps://sss2.ceridian.com/en-us/empowerment.asp : ; BP — ee ee © 2016 Ceridian Corporation. All rights reserved. %CsuFLXID=... 9/22/2016 From: rachel martinez (raymartin124@yahoo.com) To: raymartin124@yahoo.com Date: Tuesday, February 26, 2019, 5:39 PM CST Wem hes BA Bai 4% 0 10:55 PM "TOMWorkCell Qo +16507736567 ~ Fri,0ct7,2016 2:12PM Hi Rachael, You may not be up to talking ~ today; so | wanted to confirm our offer in writing. Salary 84,000 Bonus 21.000 Total 105,000 Apartment #1041 2x2 Value 3,699 monthly Start Date 10/11/16 Please let me know if any questions. We can talk, or text, to ~ confirm based on how you are feeling. Very exciting indeed!!! | O O 0 NN O&O wn h h W N = N N N N N N N N N e e e s e s e a a e R e s e a © N A L r A W N , O O N Y B R A W L ND Oo PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am employed in the County of LOS ANGELES, STATE OF CALIFORNIA. My business address is 5990 Sepulveda Boulevard, Suite 630, Sherman Oaks, California 91411-2523, which is located in the county where the service described below took place. My electronic service address is srand-lewis@randandrand-lewisplcs.com. Iam over the age of 18 years and am not a party to this action. On the date stated below, I served the following document(s) entitled SUPPLEMENTAL DECLARATION OF PLAINTIFF RACHEL MARTINEZ IN SUPPORT OF HER OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ARBITRATION on all interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: By placing a true copy thereof in a sealed envelope addressed as above, and placing it for collection and mailing following ordinary business practices. I am readily familiar with the firm’s practice of collection and processing correspondence, pleadings, and other matters for mailing with the United States Postal Service. The correspondence, pleadings and other matters are deposited with the United States Postal Service with postage thereon fully prepaid in Sherman Oaks, California, on the same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY OVERNIGHT COURIER: I caused the above-referenced document(s) to be delivered to GOLDEN STATE OVERNIGHT for delivery to the above address(es). BY FAX: I transmitted a copy of the foregoing document(s) this date via telecopier to the facsimile numbers shown above. X BY ELECTRONIC SERVICE: Pursuant to Code of Civil Procedure §1010.6 and California Rules of Court, Rules 2.251((c)(3) and 2.256(a)(4), I caused the foregoing document(s) to be served electronically at the email address(es) listed above. My electronic service address is srand-lewis@randandrand-lewisplcs.com. I am readily familiar with the firm’s practice for filing electronically. The foregoing document(s) would be electronically served on the date set forth below in the ordinary course of business following ordinary business practices. BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of the addressee(s). Xl [State] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 27, 2019, at Sherman Oaks, California. sdf a Chris Meyer / 5 DECLARATION OF PLAINTIFF RACHEL MARTINEZ IN SUPPORT OF HER OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ARBITRATION OO 00 9 OO un bh W N = N O N ND N N N N N N = e a a e m e a e d e d e d e d C0 J NN LL A W N = O VU N N S Y R E W I N D = O Dwight L. Armstrong, Esq. SERVICE LIST Rachel Martinez v. Legacy Partners, Inc., et al 18STCV02173 Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, Fifth Floor Irvine, California 92614 Phone: (949)553-1313 email: darmstrong@allenmatkins.com Nancy S. Fong, Esq. Allen Matkins Leck Gamble Mallory & Natsis LLP 865 South Figueroa St., Suite 2800 Los Angeles, California 90017-2543 Phone: (213)622-5555 email: nfong@allenmatkins.com 6 ARBITRATION Attorneys for Defendants, Legacy Partners, Inc. and Thomas Meredith Attorneys for Defendants, Legacy Partners, Inc. and Thomas Meredith
