Statement Case Management Conference

Cal. Super. - 6th Dist.June 8, 2020

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V36691 8 Santa Clara - Civil System Sy LEBE LAW, APLC . . JONATHAN M. LEBE, State Bar No. 284605 ElectronIFally Flled jon@lebelaw.com by Superior Court of CA, ZACHARY GERSHMAN, State Bar No. 328004 County of Santa Clara, zachary@lebelaw.com 777 S. Alameda Street, Second Floor Los Angeles, CA 90021 Telephone: (213) 358-7046 AEGIS LAW FIRM, PC SAMUEL A. WONG, State Bar N0. 2 1 7 1 04 swong@aegislawfirm.com KASHIF HAQUE, State Bar No. 218672 khaque@aegislawfirm.com on 1/29/2021 3:20 PM Reviewed By: System System Case #20CV36691 8 Envelope: 5744142 JESSICA L. CAMPBELL, State Bar N0. 280626 jcampbell@aegislawfirm.com 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-625 1 Attorneys for Jesus Mendez, Individually and on behalf 0f all others similarly situated Counsel ofRecordfor Defendants 0n the Following Page SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JESUS MENDEZ, individually and on behalf of all others similarly situated Plaintiff, VS. ECLARO INTERNATIONAL, INC.; NEW YORK LIFE INSURANCE COMPANY; and DOES 1 through 20, inclusive, Defendants. Case No. 20CV3669 1 8 Honorable Patricia M. Lucas - Dept. 3 JOINT STATUS CONFERENCE STATEMENT Date: February 3, 2021 Time: 2:30 p.m. Dept: 3 -1- JOINT STATUS CONFERENCE STATEMENT stem UIAWN \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Adam Y. Siegel (SBN 238568) Adam.Siegel@iacksonlewis.com Savada M. Panosian (SBN 325415) Savada.Panosian@iacksonlewis.com JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, California 900 1 7-5408 Telephone: (2 1 3) 689-0404 Facsimile: (213) 689-0430 Attorneys for Defendant ECLARO INTERNATIONAL, INC. MORGAN, LEWIS & BOCKIUS LLP John S. Battenfeld, Bar N0. 1195 13 300 South Ground Avenue Twenty-second Floor Los Angeles, CA 9007 1 -3 132 Telephone: +1 .2 1 3 .612.2500 Facsimile: +1.213.612.2501 john.battenfeld@moreganlewis.com MORGAN, LEWIS & BOCKIUS LLP Aleksandr Markelov, Bar No. 3 19235 1400 Page Mill Road Palo Alto, CA 94304 Tel: +1.650.843.4000 Fax: +1.650.843.4001 aleksandr.markelov@morganlewis.com Attorneys for Defendant NEW YORK LIFE INSURANCE COMPANY -2- JOINT STATUS CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE COURT: Plaintiff Jesus Mendez (“Plaintiff”), Defendant Eclaro International, Inc. (“Defendant Eclaro”), and Defendant New York Life Insurance Company (“Defendant New York Life” and collectively, the “Parties”) hereby submit their Joint Status Conference Statement: 1. Brief Objective Summary 0f the Case Parties’ Position: This is a wage and hour class action lawsuit in Which Plaintiffhas brought several claims under the Labor Code for failure to pay wages each week, including minimum and overtime wages, failure t0 pay rest breaks, failure t0 pay all wages due upon separation 0f employment, Violation of the Business and Professions Code §§ 17200, et seq., and for Violations under the Private Attorney General Act (“PAGA”) Defendant Eclaro International Inc. has filed an Answer in this matter, denies Plaintiff” s allegations as true, and asserts that its employees timely received all wages owed, did not permit its employees t0 work off the clock, that its employees received rest breaks and all premium wages owed, and has properly maintained its records. Defendant New York Life has filed a Demurrer and Motion to Strike against Plaintiff s Second Amended Complaint, which is t0 be heard by this Court 0n April 7, 2021. 2. Summary 0f Prior Case Management Orders Parties’ Position: At the prior Case Management Conference on October 7, 2020, this Court llifted the stay on discovery and ordered Defendants to file a responsive pleading within thirty (30) days. Thereafter, Defendant New York Life informed Plaintiff of its intention to file a Demurrer as 110 Plaintiff’s Fist Amended Complaint and the parties met and conferred regarding Defendant New York Life’s Demurrer. Following this, Defendant Eclaro filed a responsive pleading t0 Plaintiff’s First Amended Complaint 0n November 24, 2020. However, Plaintiff then filed a Second Amended (Complaint 0n December 16, 2021, which Defendant Eclaro has answered, While Defendant New York Life has instead filed a Demurrer t0 Plaintiff s Second Amended Complaint. 3. Status 0f Pleadings Plaintiff” s Position: On December 16, 2020 Plaintiff filed a Second Amended Complaint in this matter which, among other things, removed Plaintiff’s Cause 0f Action for the untimely payment 0f wages under Labor Code section 204, added in additional language regarding Labor -3- JOINT STATUS CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code section 2810.3 for Plaintiff’s First Cause 0f Action for Defendants’ Failure t0 Pay Wages Each Week, specified that each cause of action was brought against each defendant, and added in additional facts regarding the basis for Plaintiff’s causes 0f action under the PAGA and for Defendants’ failure t0 provide accurate and itemized wage statements. Following this, Defendant New York life Insurance Company informed Plaintiff that it intended t0 file a demurrer t0 Plaintiff’s Second Amended Complaint, and Plaintiff and Defendant New York Life met and conferred regarding its contemplated demurrer. Plaintiff and Defendant New York Life disagreed regarding the supposed defects in Plaintiff’s Second Amended Complaint, and Plaintiff believes that he has properly stated a cause 0f action against Defendant New York Life and has pled proper facts regarding its liability, has stated a cause 0f action against Defendant New York Life under Labor Code section 201.3, has properly defined the class in this case, and that each of the causes 0f action brought against Defendant New York Life are within the proper statute 0f limitations. Following this, Defendant Eclaro filed an Answer t0 Plaintiff’s Second Amended Complaint 0n January 26, 2020, while Defendant New York Life filed a Demurrer. The Demurrer is t0 be heard 0n April 7, 2021. Defendant New York Life’s Position: Following unsuccessful meet and confer efforts, Defendant New York Life filed its Demurrer to the Second Amended Complaint and Motion t0 Strike Portions 0f the Second Amended Complaint 0n January 26, 2021. To briefly summarize, Defendant New York Life’s position is that all 0f Plaintiff’s causes 0f action against Defendant New York Life are defective because the Second Amended Complaint fails to plead any substantive factual allegations specific to Defendant New York Life that show the existence of an employer relationship between Plaintiff and Defendant New York Life or 0f unlawful conduct by Defendant New York Life. Plaintiff also fails t0 plead any facts t0 show that Defendant New York Life was a “temporary services employer” under Labor Code section 201.3 or a “client employer” under Labor Code section 2810.3. Plaintiff’s First, Fifth, and Eighth Causes ofAction against Defendant New York Life fail for the independent reason that they are barred by the one-year statute 0f limitations applicable t0 claims for penalties. As detailed in Defendant New York Life’s Demurrer and concurrently-filed Motion t0 Strike, the Eighth Cause 0f Action under PAGA fails for an -4- JOINT STATUS CONFERENCE STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 additional reason to the extent that Plaintiff seeks to represent any workers Who were not the temporary service employees he identified as aggrieved in his LWDA notice. DefendantNew York Life also requests that the Court strike the class definitions and class allegations as vague, overbroad, unsupported and indeed contradicted by other allegations in the Second Amended Complaint because Plaintiff generically lumps Defendant New York Life and Defendant Eclaro together as “Defendants.” The hearing 0n the Demurrer and Motion to Strike is scheduled for April 7, 2021. Plaintiff and Defendant New York Life have not yet engaged in discovery. Defendant New York Life’s position is that discovery would be premature before the Court can decide these pleading disputes. Defendant Eclaro’s Position: Defendant has answered the Second Amended Complaint. Moreover, there are only approximately six (6) individuals in the putative class. Thus, Plaintiff cannot meet the elements of class certification. Defendant denies generally and specifically each and every allegation contained in Plaintiff s Second Amended Complaint, and each and every cause 0f action purported t0 be alleged therein. 4. Suggestions for Efficient Management: Parties’ Position: The Parties proposes that due t0 Defendant New York Life’s Demurrer and Motion to Strike, that the next case management conference for this matter should be heard concurrently with DefendantNew York Life’s Demurrer and Motion t0 Strike, 0r sometime shortly thereafter. 5. Special Considerations for the Court: Parties’ Position: The Parties have n0 special considerations for the Court at this time t0 assist in the efficient case management 0f this matter. -5- JOINT STATUS CONFERENCE STATEMENT UI-hbJN KOOOQON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 29, 2021 Dated: January 29, 2021 Dated: January 29, 2021 LEBE LAW, APLC By: W JonathWLebe Attorney for Plaintiff Jesus Mendez Individually and on behalf 0f all others similarly situated JACKSON LEWIS P.C. flyf" Adam Y. Siegel Savada M. Panosian Attorneys for Defendant Eclaro International, Inc. MORGAN, LEWIS & BOCKIUS LLP By: /s/Aleksandr Markelov Aleksandr Markelov John S. Battenfeld Attorneys for Defendant New York life Insurance Company -6- JOINT STATUS CONFERENCE STATEMENT \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO CERTIFICATE OF SERVICE I, the undersigned, am employed in the County 0f Orange, State 0f California. I am over the age of 18 and not a party t0 the Within action; am employed With Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On January 29, 2021, I served the foregoing document entitled: o JOINT STATUS CONFERENCE STATEMENT 0n all the appearing and/or interested parties in this action by deliveringD the original a true copy thereof 0n the party(ies) addressed below as follows: Adam Y. Siege] Savada M. Panosian JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, California 90017-5408 Telephone: (2 1 3) 689-0404 Facsimile: (213) 689-0430 Adam.Siegel@iacksonlewis.com Savada.Pan0sian@iacksonlewis.com Attorneysfor Defendant: ECLARO INTERNATIONAL, INC. D (BY MAIL) I am readily familiar With the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited With the U.S. Postal Service 0n that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date 0r postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(0).) D (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice 0f Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein t0 be deposited for delivery t0 a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(0); Fed. R. Civ. Proc. 5(0).) E (BY ELECTRONIC TRANSMISSION) I caused said document(s) t0 be served Via electronic transmission Via the above listed email addresses on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) D (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed. R. Civ. Proc. 5(b)(2)(A)-) /// /// /// CERTIFICATE 0F SERVICE \OOOQONUI-PUJNH NNNNNNNNNt-I-Ht-I-Ht-I-Ht- OONQM$UJNHOKOOOQONMJ>WNHO I declare under penalty of peljury under the laws 0f the State of California that the foregoing is true and correct. ‘ Executed 0n January 29, 2021, at Irvine, California. fl An ea Drocco -2- CERTIFICATE OF SERVICE