DeclarationCal. Super. - 6th Dist.December 13, 2019Phillip G. Vermont, SBN 132035 Dominique M. Jacques, SBN 290036 RANDICK O'DEA TOOLIATOS VERMONT 4 SARGENT, LLP 5000 Hopyard Road, Suite 225 Pleasanton, California 94588 Telephone: (925) 460-3700 Facsimile: (925) 460-0969 Attorneys for Defendant, ALL TEMPERATURE SERVICE AIR CONDITIONING INC., a California business organization 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 12 13 JEANNIE HUDSON, vs. Plaintiff, Case No.: 19CV360275 Assigned to the Hon. Thang N, Barrett Dept. 21 14 15 16 17 19 ALL TEMPERATURE SERVICE AIR CONDITIONING INC., a California business organization; BLACK CORPORATION; WHITE COMPANY; and DOES 1 to 100, inclusive, and each of them, Defendants. SUPPLEMENTAL DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO SECOND AMENDED COMPLAINT (EXHIBITS) UNLIMITED JURISDICTION Date: Time: Dept: 21 Complaint Filed: December 13, 2019 20 21 22 23 24 I, Phillip G. Vermont, declare as follows: First Amended Complaint Filed: Second Amended Complaint Filed: July 24, 2020 December 10, 2020 25 26 27 28 l. I am an attorney duly admitted to the practice of law before the courts of the State of California and I am a partner at the law firm of Randick O'Dea Tooliatos Vermont de Sargent, LLP, the attorney of record for Defendant, All Temperature Service Air Conditioning Inc., a 1 SUPPLEMENTAL DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO SECOND AMENDED COMPLAINT (EXHIBITS) - CASE NO. 19CV360275 Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/12/2021 10:42 AM Reviewed By: Tunisia Turner Case #19CV360275 Envelope: 5622572 California business organization ("ATS") in the above-captioned action. 2. I have personal knowledge of the facts set forth herein and if called as a witness I could and would testify competently to the truth of the facts set forth in this declaration. 3. Attached hereto and incorporated herein as Exhibit A is the Request for Admissions, Set One which I propounded on Plaintiff Jeannie Hudson ("Plaintiff'. 4, Attached hereto and incorporated herein as Exhibit B is a true and accurate copy of Plaintiffs Responses to Request for Admissions, Set One ("Response to RFA") which I received from Plaintiff s counsel on or about November 30, 2020, 10 5. In her Response to RFA, Plaintiff admitted the veracity of the "Payroll Timecard Report'* attached as Exhibit A to the Request for Admissions, Set One, showing that Plaintiff was paid out for her paid time off. (Exh. A 7:18-21, Exh. B; Exh. B 8:5-6.) 12 13 14 15 6. In her Response to RFA, Plaintiff admitted the veracity of the "Unlimited Vacation Policy" which provided the terms for the unlimited vacation policy referenced by Plaintiff in her Second Amended Complaint. (Exh. A 7;15-17, Exh. A; Exh. B 8:3-4.) 7. The admitted policy states, in pertinent part: "Managers approve vacation 16 according to business needs and in the order in which the vacation requests were received. Time 17 18 19 20 off lasting more than one week should be pre-approved by you manager at least one month in advance. Time off lasting more than 3 weeks must be approved 3 months in advance... Employees will not 'accrue'acation days under this policy... Time off due to long term illness and/or injury or leaves of absence such as those covered under Family and Medical Leave are 21 handled separately. Unlimited vacation cannot be used for these types of absences. Please refer 22 23 to ATS Air policies in the Employee Handbook or contact [Plaintiffj Jeannie Hudson should you have questions pertaining to other types of leaves." (Exh. A: Exh A.) 24 25 26 27 28 SUPPLEMENTAL DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO SECOND AMENDED COMPLAINT (EXHIBITS) - CASE NO. 19CV360275 491424 4 8. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This declaration is executed n January 1P, 2021, at Pleasanton, Californi. / I4/IjII / Pltr(ip G. Ve+6nt+ 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SUPPLEMENTAL DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO SECOND AMENDED COMPLAINT (EXHIBITS) - CASE NO. 19CV360275 49142d docx 13 14 15 16 17 18 19 20 21 22 23 25 26 EXHIBIT A 27 SUPPLEMENTAL DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO SECOND AMENDED COMPLAINT (EXHIIIITS) - CASE NO. 19CV360275 491424 4 LI‘I-PUJN QO’N 10 11 12 24 28 HI I 4 EM LLE . 1N lWEN PLAI EX B TS) . 360 .docx Phillip G. Vermont, SBN 132035 Dominique M. Jacques, SBN 290036 2 RANDICK O'DEA TOOLIATOS VERMONT dk SARGENT, LLP 5000 Hopyard Road, Suite 225 Pleasanton, California 94588 4 Telephone: (925) 460-3700 Facsimile: (925) 460-0969 5 Attorneys for Defendant, ALL TEMPERATURE 6 SERVICE AIR CONDITIONING INC., a California business organization; 7 8 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA. 10 12 JEANNIE HUDSON, Plaintiff, Case No.: 19CV360275 REQUEST FOR ADMISSIONS, SET ONK 13 vs. 14 ALL TEMPERATURE SERVICE AIR CONDITIONING INC„a California business organization; BLACK CORPORATION; WHITE COMPANY; 16 and DOES 1 to 100, inclusive, and each of them, 17 Defendants. DE~ING PARTIES: ALL TEMPERATURE SERVICE AIR CONDITIONING INC. 20 RESPONDING PARTY . IEANNIE HUDSON 21 SET NO.: ONE 22 TO: PLAINTIFF JEANNIE HUDSON and her attorney of record. 23 DEFENDANT ALL TEMPERATURE SERVICE AIR CONDITIONING INC. 24 (hereinaiter "Defendant"), demands that you adtnit the truthfulness of each of the following facts 25 set forth below, under oath within 30 days from the date of service, pursuant to California Code of Civil Procedure sections 2033.010 - 2033.740, under oath within 30 days trom the date of 27 service. 28 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. I9CV36027S 477644 d ac DEFINITIONS The following definitions are applicable throughout the requests that follow: 1. "YOU" or "YOUR" means the person or persons to whom these requests are directed and includes without limitation each predecessor and successor in interest„affiliate and subsidiary, as well as officers, agents, employees, attorneys, accountants, financial advisors, representatives and other persons or entities under its control or on its behalf, including, but not limited to Jeaunie Hudson. 10 12 13 14 REOUEST NO. I: REQUEST FOR ADMISSIONS 2. The term, "the Company" means ALL TEMPERATURE SERVICE AIR CONDITIONING INC. and its employees, agents, and officers so acting in such capacity for the Company. 3. The term, "reasonable accommodations" shall be defined pursuant to Government Code section 12929(p), upon which Responding Party relies. 15 16 Admit that YOU were employed by the Company as accounting manager. REQUEST NO. 2: 18 19 Admit that YOU were required to prepare all payroll documents for the Company while employed by the Company. REQUEST NO. 3: 20 21 22 Admit that YOU were responsible for making sure all payroll documents complied with all legal requirements for such documents during YOUR employment with the Company. REQUEST NO. 4: 23 25 Admit that YOU were responsible for producing all pay stubs and all other payroll documentation during YOUR employment with the Company. REQUEST NO. 5: 26 27 28 Admit that YOU were responsible for implementing all payroll changes implemented by the Company. REQUEST EOR ADMISSIONS, SET ONE - CASE NO. 19CV360276 477444 4 cx 1 REQUEST NO. 6: 2 Admit that on or about January 1, 2016, the Company changed its policy regarding 3 vacation time. 4 REQUEST NO. 7: 5 Admit that YOU received notice of a vacation time policy change on or before January 1, 6 2016. 7 REQUEST NO. 8: 8 Admit that the Company requested YOUR input on the vacation time policy change on or 9 before January 1, 2016. 10 REQUEST NO. 9: 11 Admit that YOU provided input and/or comment on the vacation time policy change on 12 or before January 1, 2016. 13 REQUEST NO. 10: 14 Admit that, YOU were paid for all then accrued vacation time prior to January I, 2016. 15 REQUEST NO. 11: 16 Admit that YOU were in charge ofpaying out all accrued vacation time for the exempt 17 employees of the Company for which the vacation time policy change on or about January 1, 18 2016 applied. 19 REQUEST NO. 12: 20 Admit that YOU were in charge of implementation of the vacation time policy change 21 that occurred on or about January 1, 2016. 22 REQUEST NO. 13; 23 Admit that YOU were listed in the notice of the vacation time policy change dated 24 January 1, 2016 as the contact person for questions pertaining to the vacation time policy change. 25 REQUEST NO. 14: 26 Admit that the notice of the vacation time policy change dated January 1, 2016 provided 27 for "unlimited vacation" based upon approval following January 1, 2016. 28 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. 19CV360275 477644 dooo 1 REQUEST NO. 15: 2 Admit that the notice of the vacation time policy change dated January 1, 2016 stated that 3 exempt employees would no longer accrue vacation days under the new policy. 4 REOUEST NO. 16: 5 Admit that the notice of the vacation time policy change dated January 1, 2016 stated that 6 "unlimited vacation*'annot be used for leaves of absence such as under the Family and Medical 7 Leave or for long term illness. 8,REQUEST NO. 17: Admit that in or about 2018, a new software program for accounting was implemented by 10 the Company. 11 REQUEST NO. 18: 12 Admit that in or about 2017, YOU received multiple days of training in the new sofhvare 13 program for accounting before it was implemented by the Company. 14 REQUEST NO. 19: 15 Admit that the Company provided YOU with multiple days of training on the new 16 software program in or about March 2018. 17 REQUEST NO. 20: 18 Admit that the Company provided YOU with multiple days of training on the new 19 software program in or about April 2018. 20 REQUEST NO. 21: 21 Admit that the Company provided YOU with multiple days ofu sining on the new 22 sofhvare program in or about May 2018. 23 REOUEST NO. 22: 24 Admit that the Company provided YOU with multiple days of training on the new 25 software program in or about June 2018. 26 /// 27 /// 28 RBQUBST FOR ADMISSIONS, SBT ONB - CASE NO, 19CV360275 477644.daex l. REOUEST NO. 23: Admit that the Company provided YOU with training on the new software program in or about July 2018. 4 REQUEST NO. 24: Admit that the Company offered ongoing support services through a third-party to assist YOU with further training after the new soibvare program for accounting. 7 REQUEST NO, 25: Admit that YOU used the ongoing support services for the new software program for accounting, provided by the Company, 10 13 14 15 16 17 18 19 20 21 22 23 25 27 REOUEST NO. 26 Admit that the Company hired Cristina Leivas to, in part, manage the operations of the accounting and HR departments of the Company in or about September 2018. REQUEST NO. 27: Admit that Ms, Leivas was roughly 51 years old at the date of hire, based on her paperwork. REQUEST NO. 28: Admit that Ms. Leivas was YOUR supervisor. REQUEST NO. 29: Admit that YOU did not get along with Ms. Leivas. REQUEST NO. 30: Admit that, on or about November 19, 2018, YOU notified the Company that YOUR doctor had taken YOU offofwork until January 7, 2019. REQUEST NO. 31: Admit that YOU did not request leave of any sort from work at the Company at any time from November 19, 2018 through February 28, 2019. REOUEST NO. 32: Admit that at least one doctor's note provided to the Company stated that YOU were REQUEST FOR ADMISSIONS, SET ONE - CASE NO. 19CV360275 477ddddodx requested off of work due to "situational stress". 2 REQUEST NO. 33: 2018. Admit that YOU took medical leave for work-related stress beginning on November 19, 5 REQUEST NO. 34: Admit that YOU notified Mr. Lowder by text on or about January 7, 2019, that YOUR doctor had taken YOU off work for "a few additional weeks". 8 REQUEST NO. 35: 10 12 Admit that, following the expiration of the 12 workweek leave period specified under Government Code section 12945.2, YOUR doctor deemed YOU were still unable to return to work at the Company. REQUEST NO. 36: 13 14 Admit that YOU never requested a "reasonable accommodation" from the Company to allow YOU to return to work. 15 16 17 18 REQUEST NO. 37; Admit that nothing prevented YOU from requesting a "reasonable accommodation" to return to work at the Company. REQUEST NO. 38: 19 20 21 22 23 25 26 Admit that accounting and payroll was required by the Company during YOUR absence, beginning on or about November 19, 2018. REQUEST NO. 39: Admit that it is a standard practice for companies to hire a temporary employee to perform accounting services while a regular accounting employee is on extended leave, REQUEST NO. 40: Admit that YOUR employment was not terminated due to YOUR age. 27 28 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. I9CV360276 477644.don 1 REQUEST NO. 41: Admit that YOU were not harassed or discriminated against by any officer of the Company, 4 REOUEST NO. 42: Admit that YOU were only entitled to up to 12 workweeks of leave for any leave taken due to a serious medical condition. 7 REQUEST NO. 43: 10 12 13 14 15 16 17 18 19 20 23 24 25 26 Admit that the Company never approved any leave request from YOU from November 2018 through February 2019. REOUEST NO. 43: Admit that YOU asked Stephen Lowder to retrieve some of YOUR personal items trom YOUR office for YOU, on November 19, 2018. GENUINENESS OF DOCUMENTS REQUEST NO. 1: Admit that the attached "Unlimited Vacation Policy" dated 1/1/16 (Exhibit A) is a true and authentic copy of the genuine and original document, REQUEST NO. 2: Admit that the attached "Payroll Timecard Report" for "Pay Date: 12/31/15" (Exhibit B) is a true and accurate depiction of payment to YOU for all of YOUR then accrued vacation leave. REQUEST NO. 3: Admit that the attached "Return to Work or School" dated 11/16/18 (Exhibit C) is a true snd authentic copy of the genuine and original document. 27 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. I 9CV360275 477bl4 4 m 1 REOUEST NO. 4: Admit that the attached letter from Robert Cooper, Ph.D, dated I/10719 (Exhibit D) is a hue and authentic copy of the genuine and original document. Date: September 29, 2020 RANDICK O'DEA TOOLIATOS VERMONT & SARGENT, LLP By: Dominique M. Jacques 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. 19CV360275 4776&4.do 10 12 13 14 15 16 17 20 21 22 23 24 25 26 Exhibit A 27 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. 19CU360276 4776444 m QQU‘IAUJN 11 '16 18 19 28 xhibi MIS I NS, . V360 5 7644.doux may. /73 Ames Ave. ~ Mllpitas, CA 95035 (408) 926-2718 ~ Fax (408) 934-9659 www.atsaincom CA Cont. St. Lic. tthj 66960 All Temperature Service Air Conditioning Inc. UNLIMITED VACATION POLICY Effective I/I/16 At ATS Air, we all work very hard to achieve the common goals of pmvidhtg a good product and high level of service to our clients, In order to give our best and live a well-balanced life, we all need to take time off for zest, relaxation and rejuvenation, We also believe you should take responsibility for managing your own time and to collaborate snd openly communication with your department to support one another whenever possible with workload. To that end, we'e adopted an unlimited vacation policy for our exempt employees where each employee is afforded the flexibility to take planned vacations as needed, ~ Instead of accruing and tracking vacation time, you will plan the vacation time you would lilce to take offwith your supervisor and team. ~ Vacation time is approved on a first-come, first-served basis. Having several teammates out during the same week would be difficult if there were a icnown critioal client event or deliverable on which a vacationing teammate plays a key role. Managers approve vacation according to business needs and in the order in which the vaoation requests were received. ~ Time ofi'asting more than one week should be pre-approved by your manager at least one month in advance. Time off lasting more than 3 weeks must be approved 3 months in advance, As always, planning time off in advance helps your team prepare for your absence. ATS Ah encourages you to schedule for times that won't oause significant disruption to client services or team operations. ~ Employees will not "accrue" vacation days under this polioy, therefore you will not receive compensation for "unused" vacation time if/when you leave ATS Air. ~ Due to tiine tracking requirements for non-exempt staff, unlimited vacation is available only to exempt employees. If you have a question as to whether you are "exempt" or "nonexempt" please contact Jeannie Hudson. ~ .Time off due to long tenn illness and/or injury or leaves of absence such as those covered under Ramily and Medical Leave are handled sepazately. Unlimited vacation cannot be used for these types of absences. Please refer to ATS Air policies in the Employee Handbook or contact Jeannie Hudson should you have questions pertaining to other types of leaves. ~ Unlhnited vacation is intended to build bonds of trust m working relationships. If an employee's performance deolines significantly due to abuse of his policy, ATS Air reserves the right to review the employee's use of this policy and determine if di'scipline or termination is appropriate, "Service and i2ualrry Unmatched" ATS0269 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit B 27 28 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. 19CV360275 d77ddd.doex ooqoxmhmm KO 1o 12 '15 . xhibi 10 MISSI NS, . 360 .-n=r-.-r<- w :- 1mm All Temperature Svc A/C Inc 1466 Searee1 P1ace San Jose, CA 95131 PAYROLL TIMECARD REPORT e* By Emp1oyee PAY DATE: 12/31/15 PERIOD END: 12/27/15 Pa9e 2 09/02/20 1041 - Hudson, Jeannle M. PTO TYPE DATE JOB/GL CODE/DESCRIPTION WC CFT HOURS 557/: 552-84-4244 TRAN//: 016-485-0049 PAY TYPE RATE AMOUNT 12/27/15 264 Pa3d T1me Off - Sa1aried 6 PTO-5AL PTQ-SAL 104.80 43.270 4534.70 PAID TIME OFF.'534. 70 CHECK DATE: 12/31/15 EARNINGS CHECK //", 12311512 PAID TIME QFF CURRENT PERIOD REGULAR HOURS 1. 5 OT HOURS 2.0 QT HOURS TOTAL HOURS WAGES PTO-Sa1 GROSS PAY 0.00 0.00 0.00 0.00 0. 00 4534.70 4534,70 ACCRUED- PTO-Sa1 TAKEN- PTO-Sa1 0.00 104. 80 GROSS PAY FIT FICA SIT QST1 401(K) A NET PAY DEPOSITS CK AMOUNT 4534.70 500.00 346.90 338.23 40.81 0.00 3308.76 3308.76 0.00 ATS0485 11 12 13 14 15 16 17 18 19 20 21 23 25 26 Exhibit C 27 28 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. 19CV360275 477ddd.docd N \OOOQQU‘t-Puo 10 22 24 xhibi 11 MISSI NS, O. 36 n'wrw A‘rw‘ unwmrwerr-Wr " - - - " CHABOT FAMILY ASSOCIATES, INC. Rthtku 5HRtVA3VAVA, NI.D, tnsntr pRAcrlce 20130 Lake Chebot Rd., Ste. 202 Castro Vensy, CA 94546 l510) 582 6424 Date has been under my care for the fallowing: Remarks. a-\ fig] UflN TQ WORK QB S CHOOL I CI TES, N . lNKU S IV ST A. M. . FAMILY P ACTICE ha ot d. t ast alle , (5 )-583-64 te_LLzJ£°1Ug_. Thls is to certify that” h otiowf and ls able to return to 56mm on g &441i$ flézzw work zgfifl . e arks: (SIGNATURE) ”131.07- Madlcll ml: Pres: bauoflzflc zl” 10 12 13 14 15 16 17 19 20 21 23 24 25 26 Exhibit D 27 28 REQUEST FOR ADMISSIONS, SET ONE - CASE NO. 19CV360275 477444.doox N \OOOQONU‘I-PUJ 11 18 22 xhibi 12 MISSI NS, . 3 1w-mmnrm' Ir-I"<"- An [m r-v ROBERT COOPER, Ph,D, Licensed Clinicall sycsbloglvi 4625 First Street, Suite 140 Plesssnton, CA 94566 Telephone; (925) 830-391)/sss2stse 6 sn I g, Fex: (925) 399-5552 ooopenoom oomossnnet 0 l/y 62 /y y /a E~g/~ye~ P5 4g lJM40-ysys/L ~ya~ ig + c~y" ~w7Rs d~ ~lP~ 6)~ ~swan gp Ae/idyi (a~D~ »9y~ ~~~ + r' ~'eS yoi" e~n y~n ~gy~~ yksptdip ~ly 4;6 I I, Sue Betti, declare; 2 PROOF OF SERVICE I am employed in Alameda County, State of California, am over the age of eighteen years, and not a party to the within action. My business address is 5000 Hopyard Road, Suite 225, Pleasanton, California 94588. I am readily familiar with the business practice for collection 4 and processing of correspondence for mailing with the United States Postal Service and/or other overnight delivery. Under overnight delivery practice, all mailings are deposited in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business. On the date set forth below, I served the within: 6 REQUEST FOR ADMISSIONS, SET ONE 7 on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: 10 John B. McMorrow, Esq. Law Offices of John B. McMorrow 39650 Liberty St., Suite 250 Fremont, CA 94538-2226 Email'iohnQimcmorrowlawfirm.corn 12 13 14 16 [x] (By U.S. Mail) I caused each such envelope to be served by depositing same, with postage thereon fully prepaid, to be placed in the United States Postal Service in the ordinary course of business at Pleasanton, California. (By Electronic Service) The above-referenced document was served by electronically mailing,a true and correct copy through Randick 07Dea Tooliatos Vermont & Sargent LLP's electronic mail system, to the email addresses set forth as listed above, and in accordance with Federal Rules of Civil Procedure, Rule 5(b). 17 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on September 29, 2020, at Pleasanton, California. 19 20 21 Sue Betti 22 23 24 25 26 27 28 PROOF OF SERVICE 477644.4 10 12 13 14 15 16 17 19 20 21 22 23 24 25 EXHIBIT 8 27 SUPPLEMENTAL DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO SECOND AMENDED COMPLAINT (EXHIBITS) - CASE NO. 19CV360275 11 18 26 28 HI I B 5 NLEN I I . PLAI I I S) . 360 491424.docx JOHN B, McMORROW, ESQ. SBN 71911 LAW OFFICES OF JOHN B. McMORROW A Professional Corporation 39650 Liberty Street, Suite 250 Fremont, CA 94538-2226 Telephone: (510) 651-9961 Facsimile: (510) 657-3467 Email: john jmcmorrowlawfirm.corn Attorney for Plaintiff: JEANNIE HUDSON 10 SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY 12 JEANME HUDSON CASK NO. 19CV360275 Case Management Judge Hon. Thang N. Barrett - Dept. ZI 14 15 16 17 18 19 20 21 Plaintiff, ALL TEMPERATURE SERVICE AIR CONDITIONING INC., a California business organization; BLACK CORPORATION,'HITE COMPANY; and DOES I to 100, inclusive, and each of them Defendants. PLAINTIFF'S RESPONSES TO REQUEST FOR ADMISSIONS, SET ONE [Complaint filed: December 13, 20191 [Trial Date: None Set] 22 PROPOUNDING PARTY: Defendant: All Temperature Service Air Conditioning Inc, 23 RESPONDING PARTY: Plaintiff, Jeanie Hudson 25 26 27 28 SET NUMBER: One (I) 10'N 8. 0026088OW, A.PC. '015010 l90t 10 0 250 9 I, CA 90528 2226 (510)651-9961 Plaintiffs Responses to Request for Admissions, Set One Page 1 COMES /6/OW Plaintiff, JEANNIE HUDSON, and answers the Request for 2 Admissions propounded by Defendant, ALL TEMPERATURE SERVICE AIR CONDITIONING INC., and states as follows: It should be noted that this responding party has not fully completed its investigation of the facts relating to this case, has not fully completed its discovery of this action and has not completed its preparation for the Trial. All of the answers contained herein are based only upon 8 such information and documents, which are presently available and specifically known to this responding party and disclose only those contentions, which presently occur to such responding 10 party, It is anticipated that further discovery, independent investigation, legal research and 12 13 analysis will supply additional facts, add meaning to the known facts, as well as establish entirely new factual conclusions and legal contentions, all ofwhich may lead to substantial additions to, changes in and variations from the contentions herein set forth, The following admission responses are given without prejudice to responding pariy's right to produce evidence 18 of any subsequently discovered fact or facts, which this responding party may later recall. Responding party accordingly reserves the right to change any and all answers herein as 18 additional facts are ascertained, analysis are made, legal research is completed and contentions 19 20 21 are made, The answers contained herein are made in a good faith effort to supply as much factual information and as much specification of legal contentions as is presently known but should in no way be to the prejudice of Plaintiff in relation to further discovery or analysis.22 // 24 // 28 // // 27 28 tete OiSlee ey I I KAHN B. 0906OIIIIOW 6 PC. W0010e lySI I,Suit 290 9 t, CA 96%0.2226 (590) 651-9961 Plaintiff's Responses to Request for Admissions, Set One Page 2 RESPONSES TO REQUEST FOR ADMISSIONS RESPONSE TO RKOUEST NO. I: Admitted, RESPONSE TO RKOUEST NO. 2: Admitted. RESPONSE TO REQUEST NO. 3: Objected to on the grounds that the term mall payroll and all legal requirements are vague, ambiguous, uncertain, and unintelligible. And therefore, unable to admit or deny. I am not a lawyer and cannot practice law or give legal opinions, RESPONSE TO REOUEST NO. 4: 12 Objected to on the grounds that it ls vague, ambiguous, uncertain, and unintelligible. And therefore, unable to admit or deny, and deny on that basis. 14 15 RESPONSE TO REOUKST NO. 5: Objected to on the grounds that it is vague, ambiguous, uncettain, and unintelligible, And therefore, unable to admit or deny, 16 RESPONSE TO RKOUEST NO. 6: 17 Admitted. 19 20 21 22 RESPONSE TO REOUEST NO. 7: Admitted. RESPONSE TO RKOUKST NO. 8: Denied. RESPONSE TO RKOUKST NO. 9: 24 Denied, 25 RESPONSE TO REOUKST NO. 10: 26 27 Objected to on the grounds that it is vague, ambiguous, uncertain, and unintelligible. And therefore, unable to admit or deny. 26 160 Cree J OWN 0 MOAOBtlonASC. "BOOS tySt« I,S tl 25tt Stern t, CA 9655S-2226 (520) 651.9961 Plaintiffs Responses to Request for Admissions, Set One Page 3 1 RESPONSE TO REOUEST NO 11 Objected to on the grounds that the phrase "... in charge" is vague, ambiguous, uncertain, and unintelligible. And on that basis, I am unable to admit or deny. 4 RESPONSE TO RKOUKST NO. 12: Objected to on the grounds that the phrase "... in charge" is vague, ambiguous, uncertain, and unintelligible. And on that basis, I am unable to admit or deny. RESPONSE TO REOUEST NO. 13: 10 In order to respond to this Request for Admission I would need to see the document described "Notice ofVacation Time Policy Change". On that basis, I am unable to admit or deny, If it is the document you attached to this RFA, it does not say that. 11 RESPONSE TO REOUEST NO'4 12 13 14 In order to respond to this Request for Admission I would need to see the document described "Notice of Vacation Time Policy Change". On that basis, I am unable to admit or deny. If it is the document you attached to this RFA, it speaks for itself. RESPONSE TO REOUKST NO.15.'6 17 18 In order to respond to this Request for Admission I would need to see the document described "Notice of Vacation Time Policy Change". On that basis, I am unable to admit or deny. If it is the document you attached to this RFA, it speaks for itself. RESPONSE TO REOUEST NO. 16: 20 22 In order to respond to this Request for Admission I would need to see the document described "Notice of Vacation Time Policy Change". On that basis, I am unable to admit or deny. If it is the document you attached to this RFA, it speaks for itself. RESPONSE TO RKOUKST NO. 17: 24 I cannot admit or deny since I do not know what you mean by "implemented". 26 RESPONSE TO REOUEST NO. 18: 27 In that time period more than one soibvare program was tried. I do not know which one you are referring to, so I cannot admit or deny, os 9 191HN5 M MORROW,ISPC. 9 655MS lySI I,S 5 255 5 I, CS 96555-2226 (510) 6S1.9961 Plaintiffs Responses to Request for Admissions, Set One Page 4 RESPONSE TO RKOUKST NO, 19: Which software program are you talking about? This is unintelligible. 4 RESPONSE TO RKOUEST NO. 20: Which software program are you talking about? This is unintelligible. RESPONSE TO REOUEST NO, 21: Which software program are you talking about? This is unintelligible. RESPONSE TO REOUKST NO. 22: 10 Which software program are you talking about? This is unintelligible, RESPONSE TO REOUEST NO, 23: 12 Which software program are you talking about'! This is unintelligible. 14 15 RESPONSE TO RKOUEST NO, 24: Objected to on the grounds that this Request for Admission is vague, ambiguous, uncertain, and unintelligible. And therefore, unable to admit or deny, 16 RESPONSE TO REQUEST NO, 25: 17 18 19 20 21 The term "ongoing support services" and "used" are not defined or described and therefore this Request for Admission is ambiguous, uncertain, and unintelligible. And on that basis, I am unable to admit or deny, and deny on that basis. RESPONSE TO RKOUEST NO. 26: This calls for opinion and conclusion and is without foundation. And on that basis, I am unable to admit or deny. 23 24 RESPONSE TO REOUEST NO. 27: Objected to on the grounds that this Request for Admission is vague, ambiguous, uncertain, and unintelligible. And therefore, unable to admit or deny. 26 27 RESPONSE TO REOUEST NO. 28: Admitted. 28 I OSI 6J I'IRW 0 MO6ORROW 6 BC. 601.106 lySI I,S It 260 F tm BI,C606620-2226 (020) 101.0061 Plaintiff's Responses to Request for Admissions, Set One Page 5 RESPONSE TO REOUEST NO. 29: Denied. 4 RESPONSE TO RKOUEST NO. 30i Admitted. RESPONSE TO REOUKST NO. 31i, Denied. RESPONSE TO REOUEST NO. 32: 10 Denied. It stated "Situational stress w/ Panic Attacks". RESPONSE TO RKOUEST NO. 33: 12 13 Denied. I was put on approved medical leave for "Situational stress wt Panic Attacks, RESPONSE TO REOUEST NO. 34: 14 15 17 18 19 20 Denied. I responded to a text from Mr. Lowder, then sent an email and then mailed the original notice to him which speaks for itself. Mr, Lowder did not say or do anything to indicate that the original leave period, for which I had accrued leave„ was not agreed to. RESPONSE TO RKOUEST NO. 35: This calls for opinion and conclusion and legal opinion and conclusion and also asks for admission of the state of mind of another person and is objected to on that basis. 21 RESPONSE TO RKOUEST NO. 36: 22 23 24 25 Denied. I was discharged by the Company while on approved leave before being released to return to work and was therefore prevented from receiving a reasonable accommodation which the employer was required to explore through the statutory mandated Interactive Process and as such I was prevented from exercising this right under the California Fair Employment and Housing Act (PEHFI), a violation by Defendant and therefore deny this request on that basis. 27 28 ! 029rm V I tHN 0, MtMOAltOW,A PC e650016 t95t t,0 it 250 Prem t,CA91550-2226 (510) 651-9961 Plaintiffs Responses to Request for Admissions, Set One Page 6 RESPONSE TO RKOUEST NO. 37: Admitted. I requested a reasonable accommodation when my employer was informed, I needed medical leave to and through March 7, 2019, RESPONSE TO REOUKST NO. 38: This Request for Admission is about what the Company required and should be directed to the Company. This calls for opinion and conclusion, expert opinion and conclusion and is without foundation and is therefore objected and denied to on that basis. RESPONSE TO REOUEST NO. 39: 10 This calls for expert opinion and conclusion and is objected and denied to on that basis. 12 13 RESPONSE TO REOUEST NO. 40: Denied. RESPONSE TO RKOUEST NO. 41: 15 Denied. 16 RESPONSE TO REOUEST NO. 42: 18 19 20 21 Denied. Mr. Lewder by his conduct approved my leave extension entitling me to use accrued Personal Time-Off (PTO) and rely on his approval of the leave extension. RESPONSE TO RKOUEST NO. 43: Denied, 22 RESPONSE TO REOUEST NO. 43: 23 RFA No. 43 has been answered above. // 25 // 26 27 et tttt 0, MBAORROW 6 BC, "»90110e t9009 t,Swte?60 9 t,CA9e90.2226 (010) BS1-9961 Plaintiffs Responses to Request i'r Admissions, Set One Page 7 GENUINESS OF DOCUMENTS 3 RESPONSE TO REOUKST NO. I: Admitted, RESPONSE TO REQUEST NO. 2: Admitted. RESPONSE TO REOUEST NO. 3: Admitted. RESPONSE TO REOUKST NO. 4: 10 Admitted. 12 13 14 Dated: November 23, 2020 LAW OFFICES OF JOHN B, McMORROW 15 16 17 By; JOH24 B. McMORROW Attorneyfor Plaintiff 18 19 20 21 22 23 24 25 26 27 28 I 025 «I916 0. MeMORROW A PC. Ie 5010 ARRI el,suR 250 9 m I,CA 96550.2226 15101 651-9%1 Plaintiffs Responses to Request for Admissions, Set One Page 8 VERIFICATION I, JEANNIE HUDSON, a named Plaintiff, state: I am a party to the entitled action. I have read Plaintiff's Responses to Request for Admissions, Set One, and the same are true ofmy own knowledge except as to those matters which are stated on my information and belief, and as to those matters, I believe them to be true. I DECLARE UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Executed on this 9th day ofNovember 2020, at Fremont, California. JEANIHII E HUDSON VERIFICATION PROOF OP SERVICE - CCP 1013a AND 2015.5 STATE OF CALIFORNIA, COUNTY OF ALAMEDA CASESHORTrtAME: Hudson v, nll Temperature Service Air Conditioning inc,, et al. Santa Clara County Superior Court Case No.: 19CV360295 I, Theresa Delbert, declare as follows.' am over eighteen years of age and not a party to the within action. My business address is Law Offices of John B. McMorrow, A Professional Corporation, 39650 Libetsy Street, Suite 250, Fremont, California 9453 E-2226. I am employed in Alameda County, California, I am madily familiar with tny employer's practices for collection and processing of correspondence for mailing with the United States Postal Service, as well as facsimile transmissions and Federal Express routing. On November 23; 2020, I.sesyed a haPy of-the. within; PLAINr TIiPF'S'R'ESPONSES 'ItO REQUEST ROR A&Dblvl'ISSIONS, SET 0)tK' en the'intern'sted'paitigs in.the witlsin;action.byt U.S, Mail By following ordinary business practices and placing for collection and mailing at Fremont, California, a true copy of the above-referenced document(s), enclosed in a sealed envelope, postage pre-paid, was addressed as mdicated on the Service List, Electron ic Service I caused each such document to be served by Electronic Service on the interested parties on the Service List. Express I caused each such document(s) to be deposited with Federal Express, in a pre-paid envelope, in Fremont, California, addressed to each of the interested parties on the Service List. "SERVICE LIST" Phillip Vermont, Esq, Randick, O'Dea, Tooliatos, Vermont & Sargent 5000 Hopyard Rd., Suite 225 Pleasanton, CA 94588 Email, PVermontRrandickltt~w.con I DECLARE UNDER PENALTY OF PERJURY u der the thr 5'Rgt 5 t.eteD I 0 tr 6ds e State of California that 23, 2020 at Fremont, Californi. THERESA DEIEERT PROOF OF SERVICE I, Sue Betti, declare: I am employed in Alameda County, State of Californi, am over the age of eighteen years, and not a party to the within action. My business address is 5000 Hopyard Road, Suite 225, Pleasanton, California 94588. I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service and/or other overnight delivery. Under overnight delivery practice, all mailings are deposited in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business. On the date set forth below, I served the within: SUPPLEMENTAL DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF 7 DEMURRER TO SECOND AMENDED COMPLAINT (EXHIBITS) on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: 10 12 John B. McMorrow, Esq. Law Offices of John B. McMorrow 39650 Liberty St., Suite 250 Fremont, CA 94538-2226 iohnlkimcmorrowlawfirm.corn Attorneysfor PlaintiffJeannie Hudson 13 14 15 16 17 18 19 20 21 22 [X ] (By U.S. Mail) I caused each such envelope to be served by depositing same, with postage thereon fully prepaid, to be placed in the United States Postal Service in the ordinary course of business at Pleasanton, California. [X ] (By Electronic Service) The above-referenced document was served by electronically mailing a true and correct copy through Randick O'Dea Tooliatos Vermont & Sargent, LLP's electronic mail system, to the email addresses set forth as listed above, and in accordance with Federal Rules of Civil Procedure, Rule 5(b). [ x ] (By E-SERVICE - through One-Legal) I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on January 12, 2021, at Pleasanton, California. Sue Betti 23 24 25 26 27 28 PROOF OF SERVICE 491424 doc@