Statement Case Management Conference

Cal. Super. - 6th Dist.June 3, 2019

KOOONONUI-bwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO 1QCV348440 Santa Clara - Civil Larry W. Lee (State Bar N0. 228175) Kristen M. Agnew (State Bar N0. 247656) Nick Rosenthal (State Bar N0. 268297) DIVERSITY LAW GROUP, P.C. 515 S. Figueroa Street, Suite 1250 Los Angeles, CA 90071 (213) 488-6555 (2 1 3) 488-6554 facsimile William L. Marder (State Bar N0. 17013 1) Polaris Law Group LLP 501 San Benito Street, Suite 200 Hollister, CA 95023 (831) 53 1-4214 (831) 634-0333 facsimile Attorneys for Plaintiff and Aggrieved Employees SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA VIJAYALAKSHMI KANNA, individually and on behalf 0f all others similarly situated, Plaintiff, VS. TRANZEAL, INC., a California corporation; and DOES 1 through 50, inclusive, Defendants. -1- (D Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/1 3/2019 2:49 PM Reviewed By: System System Case #1 9CV348440 Envelope: 3390637 Case N0. 19CV348440 (Assigned t0 the Honorable Brian C. Walsh, Department 1) JOINT CASE MANAGEMENT CONFERENCE STATEMENT Date: September 20, 20 1 9 Time: 10:00 A.M. Dept: 1 JOINT CASE MANAGEMENT CONFERENCE STATEMENT ystem System KOOONONUI-bwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO Plaintiff Vijayalakshmi Kanna (“Plaintiff”) and Defendant Tranzeal, Inc., (“Defendant”) (collectively, “Parties”) submit this Joint Case Management Conference Statement. 1. POTENTIAL ADDITIONAL PARTIES Plaintiff does not anticipate adding any additional parties. 2. SERVICE LIST Plaintiff is represented by the following attorneys: Larry W. Lee Kristen M. Agnew Nick Rosenthal Max W. Gavron DIVERSITY LAW GROUP 5 15 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 William L. Marder POLARIS LAW GROUP LLP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (83 1) 53 1-42 14 Facsimile: (831) 634-0333 Defendant is represented by the following attorneys: Navneet Chugh Minh Luong CHUGH LLP 15925 Carmenita Rd Cerritos, CA 90703 Telephone: (213) 488-6555 Fascimile: (562) 229-1221 3. STATUS OF DISCOVERY The Parties have not commenced discovery in light 0f the discovery stay. // // -2- JOINT CASE MANAGEMENT CONFERENCE STATEMENT KOOONONUI-bwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO 4. ARBITRATION CLAUSES The Parties are unaware 0f any arbitration agreements that may apply t0 the claims alleged by Plaintiff. 5. RELATED LITIGATION The Parties are unaware 0f any related cases. 6. FACTUAL AND LEGAL ISSUES A. Plaintiff’s Factual and Legal Issues Plaintiff was employed by Defendant from in 0r about October 20 1 8 until 0n 0r about March 12, 2019. Throughout Plaintiffs employment, Defendant paid employees 0n a bi-weekly basis. Pursuant t0 Labor Code section 204(d), all earned wages by such employees must be paid out by the seventh day following the closing 0f the pay period. However, Defendant, as a matter 0f policy and practice, paid the wages 0f its employees at least fourteen days after the close 0f the pay period, and thus, beyond the time period allowed under Labor Code section 204. Based 0n the above facts, Plaintiff seeks civil penalties 0n behalf 0f the State 0f California and Aggrieved Employees, pursuant t0 the Private Attorneys General Act, codified at Labor Code section 2698, et seq., as well as costs and attorneys’ fees. B. Defendant’s Factual and Legal Issues Defendant recently obtained counsel and is still gathering information 0n the case. 7. TENTATIVE VIEWS ON ADR MECHANISM The Parties are engaged in direct settlement negotiations. Should the negotiations stall, Plaintiff is also amenable t0 participating in private mediation. Defendant is also amendable t0 participating in mediation. 8. PHASED OR LIMITED DISCOVERY A. Plaintiff’s Position Plaintiff does not believe that phased 0r limited discovery is warranted. Once the discovery stay is lifted, Plaintiff will issue written discovery regarding the payroll practices and procedures 0f Defendant with respect t0 payroll periods and pay dates during the PAGA period, the identification 0f pay period dates 0n itemized wage statements and Defendant’s efforts t0 -3- JOINT CASE MANAGEMENT CONFERENCE STATEMENT KOOONONUI-bwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO comply with California Labor Code section 204, if any. Further, Plaintiff will take the PMK depositions 0f Defendant as it relates t0 these issues. Depending 0n such discovery responses and Defendant’s arguments, Plaintiff may seek the contact information 0f the Aggrieved Employees through an opt-out process. B. Defendant’s Position Defendant does not believe that extensive discovery is warranted in this case and would like t0 limited discovery because this case is small and could quickly resolve. DATED: September 13, 2019 DIVERSITY LAW GROUP, P.C. By: /s/ KristenM . Agnew Larry W. Lee Kristen M. Agnew Nicholas Rosenthal Attorneys for Plaintiff and Aggrieved Employees DATED: September 13, 2019 CHUGH, LLP By: /s/ Minh Luong Minh Luong Attorneys for Defendant -4- JOINT CASE MANAGEMENT CONFERENCE STATEMENT #w OOOVQUi 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (Code 0f Civil Procedure Sections 1013a, 2015.5) STATE OF CALIFORNIA ] ]ss. COUNTY OF LOS ANGELES ] I am employed in the County of Los Angeles, State 0f California. I am over the age of 18 and not a party to the within action; my business address is 515 S. Figueroa Street, Suite 1250, Los Angeles, California 90071. On September 13, 2019, I served the following document(s) described as: JOINT CASE MANAGEMENT CONFERENCE STATEMENT 0n the interested parties in this action as follows: Navneet Chugh Minh Luong CHUGH LLP 15925 Carmenita Rd Cerritos, CA 90703 Attorneysfor Defendant Tranzeal, Inc. X BY MAIL: by placing the original or X a true and correct copy thereof enclosed, in (a) sealed envelope(s) addressed t0 the party(ies) listed above 0r on the attached mailing list. I am readily familiar With the firm's practice for collection and processing of correspondence and other materials for mailing with the United States Postal Service. On this date, I sealed the envelope(s) containing the above materials and placed the envelope(s) for collection and mailing 0n this date at the address above following our office's ordinary business practices. The envelope(s) will be deposited with the United States Postal Service 0n this date, in the ordinary course of business. I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed on September 13, 2019, at Los Angeles, California. PROOF OF SERVICE