Declaration

Cal. Super. - 6th Dist.August 21, 2020

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V369808 Santa Clara - Civil KAUFMAN DOLOWICH & VOLUCK, LLP Tad A. Devlin (SBN 190355) Katherine L. Alphonso (SBN 3 14926) Bryan Kurtz (SBN 326699) 425 California Street, Suite 2100 Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/28/2020 1:30 PM Reviewed By: S. Vera Case #20CV369808 San Francisco, California 94104 Telephone: (415) 926-7600 Facsimile: (4 1 5) 926-7601 Envelope: 5538991 Attorneys for Defendant KEITH WILLIAM LANGSKOV IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ONVIEW INTEGRATED SOLUTIONS, a California Corporation, Case No.2 20CV369808 Action Filed: August 21, 2020 Plaintiff, DECLARATION OF BRYAN A. KURTZ V. IN OPPOSITION TO THE ORDER TO SHOW CAUSE RE PRELIMINARY KEITH WILLIAM LANGSKOV, an INJUNCTION individual, and DOES 1- 1 O, inclusive, Hearing: December 17, 2020 Time: 9:00 AM Department: 19 Defendants. I, Bryan Kurtz, declare: 1. I am an attorney at law licensed t0 practice before the bar of this Court, an associate at Kaufman Dolowich & Voluck, LLP, counsel of record for Keith William Langskov (“Defendant”) in the above captioned proceeding. 2. Ihave personal knowledge of the facts set forth in this declaration, except those based on information and belief, Which I believe t0 be true, and, if called t0 testify, I could and would testify competently thereto. Imake this declaration in support 0f Defendant’s Opposition to the Order to -1- . Vera DECLARATION OF BRYAN A. KURTZ IN OPPOSITION TO THE ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Show Cause Re Preliminary Injunction dated November 10, 2020. 3. On November 5, 2020, Defense counsel sent a request for wage statements and personnel file documents to Plaintiff, pursuant t0 Cal. Lab. Code §§§ 226(b), 432, and 1198.5(b). T0 date, Plaintiff has failed to comply With the request, entitling Langskov to penalty payments, pursuant to Cal. Lab. Code §§ 226(0) and (f). Attached here is a true and correct copy 0f that request marked as Exhibit 1. I declare under penalty of perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed this 4th day 0f December, 2020 in San Francisco, California. Respectfully submitted, KAUFMAN DOLOWICH & VOLUCK, LLP Bryanékurtz U Attorney for Defendant ADDICTION RESEARCH & TREATMENT, INC., dba BAART PROGRAMS -2- DECLARATION OF BRYAN A. KURTZ IN OPPOSITION TO THE ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION EXHIBIT 1 KAUFMAN DOLOWICH VOLUCK Kaufman Dolowich 8: Voluck, LLP AT T 0 P N E Y5 AT L AW 425 California Street, Suite 2100 San Francisco, California 94104 Telephone: 4159267600 tdevlin@kdv1aw.com Facsimi Ie: 415.926.7601 Tad A. Devlin www.kdvlaw.com November 5, 2020 VIA U.S. MAIL AND EMAIL Pacheco & Neach PC 3 Park Plaza, Suite 120 Irvine, CA 92614 Attn: Rod Pacheco macheco@pncounsel.com Re: Keith Langskov’s Request for Wage Statements and Personnel File Documents Dear Sir: Our office represents former OnView Integrated Solutions (“01S”) employee Keith Langskov. Please find enclosed an authorization to release the following documents. We hereby request that OIS provide our offices copies of Keith Langskov’s wage statements pursuant to California Labor Code § 226(b). As you are aware, OIS’ failure to provide Mr. Langskov with the requested wage statements within twenty-one (21) days after receiving this letter could subj ect OSI to a seven hundred and fifty dollar ($750.00) penalty payable t0 MI. Langskov 0r the Labor Commissioner pursuant t0 California Labor Code §§ 226(c) and (f). There, it is suggested you comply With this request as soon as practicable. Additionally, Keith Langskov requests copies of any and all documents that he signed, relating to obtaining and retaining employment with OIS, pursuant to California Labor Code § 432. These documents include but are not limited t0 his signed Arbitration Agreement. Finally, by this letter, Mr. Langskov also requests t0 inspect documents in his personnel file related to his performance and any grievances concerning his employment, pursuant to California Labor Code § 1198.5(b). The California Department 0f Industrial Relations concludes that an employee is entitled t0 View his/her “personnel records,” which includes but is not limited to the following documents: New York [ Pennsylvania | NewJersey | San Francisco | Los Angeles y Florida | Chicago Mr. Pacheco November 5, 2020 Page 2 Application for employment Payroll authorization form Notices of commendation, warning, discipline, and/or termination Notices 0f layoff, leave 0f absence, and vacation Notices 0f wage attachment 0r garnishment Education and training notices and records Performance appraisals / reviews Attendance records 90899999595 Mr. Langskov, as a current member of OIS’ Board 0f Directors, reserves his rights under Chapter 16 0f the Cal. Corp. Code, including but not limited to his absolute right to inspect and copy all books, records and documents of every kind pursuant t0 CCC 1602. Thank you in advance for your prompt attention t0 this request. Very truly yours, /s/ TadA. Devlin Tad A. Devlin 0f Kaufman Dolowich & Voluck, LLP TAD/ag 483 1-4483-7841, V. 1