Declaration In SupportCal. Super. - 6th Dist.December 13, 2019Phillip G. Vermont, SBN 132035 Dominique M. Jacques, SBN 290036 2 RANDICK O'DEA TOOLIATOS VERMONT & 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 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 12 13 vs. JEANNIE HUDSON, Plaintiff, Case No.: 19CV360275 Assigned to the Hon. Thang N. Barrett Dept. 21 14 ALL TEMPERATURE SERVICE AIR CONDITIONING INC., a California business organization; BLACK CORPORATION; WHITE COMPANY; and DOES 1 to 100, inclusive, and each of them, 17 Defendants. 18 19 20 21 22 23 DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT REGARDING COMPLIANCE WITH MEET AND CONFER REQUIREMENTS [CCP 5 430.41] UNLIMITED JURISDICTION Date: Time: 9:00 a.m. Dept: 21 Complaint Filed: December 13, 2019 First Amended Complaint Filed: July 24, 2020 24 I, Phillip G. Vermont, declare as follows: 25 1. I am an attorney duly admitted to the practice of law before the courts of the State 26 of California and I am a partner at the law firm of Randick O'Dea Tooliatos Vermont & Sargent, 27 28 DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT REGARDING COMPLIANCE WITH MEET AND CONFER REQUIREMENTS - CASE NO. 19CV360275 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/26/2020 10:54 AM Reviewed By: R. Tien Case #19CV360275 Envelope: 4828051 1 LLP, the attorney of record for Defendant, All Temperature Service Air Conditioning Inc., a 2 California business organization ("ATS") in the above-captioned action. 3 2. I have personal knowledge of the facts set forth herein and if called as a witness I 4 could and would testify competently to the truth of the facts set forth in this declaration. 5 3. I make this declaration regarding my compliance with the meet and confer 6 requirements imposed by the California Code of Civil Procedure ("CCP") section 430.41 before 7 any demurrer may be filed with the court. 8 4. On August 24, 2020, I sent a meet and confer letter to opposing counsel at his 9 email of record to determine whether the objections to be raised in the demurrer could be 10 resolved, including that the Complaint fails to state a cause of action, as protected leave had 11 ended before the plaintiff was discharged. 12 5. Opposing counsel responded on the same date. We were not able to reach an 13 agreement resolving the objections that were to be raised in the demurrer. 14 6. I declare under penalty of perjury under the laws of the St te of California that the 15 foregoing is true and correct. This declaration i 16 California. at Pleasanton, 17 19 B 20 21 22 23 24 25 26 27 28 DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT REGARDING COMPLIANCE WITH MEET AND CONFER REQUIREMENTS - CASE NO. 19CV360275 PROOF OF SERVICE I, Sue Betti, declare: 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 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: DECLARATION OF PHILLIP G. VERMONT IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT REGARDING COMPLIANCE WITH MEET AND CONFER REQUIREMENTS 10 ll 12 on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: John B. McMorrow, Esq. Law Offices of John B. McMorrow 39650 Liberty St., Suite 250 Fremont, CA 94538-2226 i ohn(Rimcmorrowlawfirm.corn 13 14 15 16 17 18 19 20 21 Attorneysfor PlaintiffJeannie Hudson [x] (By U.S. Mail) 1 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 Facsimile) The above-referenced document(s) was transmitted by facsimile transmission to the number(s) shown and the transmission was reported as complete and without error. I caused the transmitting facsimile machine to issue properly a transmission report, a copy of which is attached to this Declaration. (By Overnight Delivery) 1 caused each such envelope to be served by depositing same in an authorized area for pick-up by an authorized express service courier (UPS Overnight) the same day it is collected and processed in the ordinary course of business . (By Personal Service) I caused each such envelope to be delivered by hand to the persons named above, 22 23 24 [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). 25 26 27 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on August~2020, at Pleasanton, California. Sue5etti PROOF OF SERVICE 422246 6