Removal to Federal CourtCal. Super. - 6th Dist.October 1, 20204 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V371612 Santa Clara - Civil Electronically Filed Daniel F. Fears, Bar N0. 110573 by Superior Court of CA, dff a nefears.com AnglejwyK. Haeffele, Bar N0. 258992 county Of santa Clara! akh@paynefears_com on 1/5/2021 4:08 PM Leilani E. Jones, Bar No. 298896 Reviewed By: L. Quach-Marcellan llj@paynefears.com Case #20CV371 61 2 PAYNE & FEARS LLP Envelope: 5579722 Attorneys at Law 4 Park Plaza, Suite 1100 Irvine, California 92614 Telephone: (949) 85 1 -1 100 Facsimile: (949) 85 1 -1212 Attorneys for Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA LUCIANO FERNANDEZ, Case N0. 20CV37 1 6 12 Plaintiff NOTICE TO CLERK OF THE SUPERIOR COURT, COUNTY OF SANTA CLARA, V. OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT CVS HEALTH, a corporation, and DOES 1 - FOR THE NORTHERN DISTRICT OF 100 CALIFORNIA Defendant. Action Filed: October 1, 2020 Trial Date: None Set TO THE CLERK OF THE SUPERIOR COURT, COUNTY OF SANTA CLARA: PLEASE TAKE NOTICE that 0n January 4, 2021, Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) filed in the United States District Court for the Northern District 0f California their Petition and Notice 0f Removal 0f Civil Action. A copy 0f this Petition and Notice is attached as Exhibit “A” hereto. PLEASE TAKE FURTHER NOTICE that pursuant t0 28 U.S.C. § 1446(d), the filing 0f the Petition and Notice in the United States District Court, together with the filing 0f a copy thereof with this Superior Court, effects the removal 0f this action and this Superior Court may proceed n0 further unless and until the action is remanded. NOTICE TO CLERK OF THE SUPERIOR COURT, COUNTY OF SANTA CLARA, OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF CALIFORNIA a 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: January 5, 2021 PAYNE & FEARS LLP Attorneys at Law By: /S/Leilam' E. Jones LEILANI E. JONES Attorneys for Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) -2- NOTICE TO CLERK OF THE SUPERIOR COURT, COUNTY OF SANTA CLARA, OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF CALIFORNIA EXHIBIT A 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1 Filed 01/04/21 Page 1 of 7 Daniel F. Fears, Bar N0. 110573 dff@paynefears.com Andrew K. Haeffele, Bar N0. 258992 akh@paynefears.com Leilani E. Jones, Bar No. 298896 llj@paynefears.com PAYNE & FEARS LLP Attorneys at Law 4 Park Plaza, Suite 1100 Irvine, California 92614 Telephone: (949) 85 1 -1 100 Facsimile: (949) 85 1 - 12 12 Attorneys for Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA LUCIANO FERNANDEZ, Plaintiff V. CVS HEALTH, a corporation, and DOES 1 - 100 Defendant. Case N0_ 3221-CV-12 [Santa Clara County Superior Court Case No. 20CV37 1 6 12] PETITION AND NOTICE 0F REMOVAL 0F CIVIL ACTION UNDER 28 U.s.C. §§ 1332 AND 1441 Trial Date: None Set TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, AND TO LUCIANO FERNANDEZ AND HIS COUNSEL OF RECORD: PLEASE TAKE NOTICE that Defendant CVS HEALTH CORPORATION (erroneously sued as “CVS HEALTH”) (“Defendant” 0r “CVS”) hereby removes this action from the Superior Court 0f the State of California for the County 0f Santa Clara t0 the United States District Court for the Northern District 0f California, 0n the following grounds: PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1 Filed 01/04/21 Page 2 of 7 I. INTRODUCTION 1. This Court has jurisdiction over this action because complete diversity e ists between PlaintiffLUCIANO FERNANDEZ (“Plaintiff”) and CVS. 2. Plaintiff is a citizen 0f the State 0f California, and was a citizen at the time of the filing of his Complaint. 3. CVS Health Corporation, formally CVS Caremark Corporation, is now and was at the time this action was commenced, a citizen 0f the States 0f Delaware and Rhode Island. 4. Plaintiff s Complaint, on its face, contemplates a matter in controversy that e ceeds the sum 0r value of 75,000, e elusive 0f interest and costs. 5. Pursuant to 28 U.S.C. section 1446(b), this case is being removed within thirty (30) days 0fCVS s receipt 0f a document (the “Complaint”) where diversity 0f citizenship is apparent. II. THE STATE COURT ACTION 6. On 0r about October 10, 2020, Plaintiff filed an action against CVS titled “Luciano Fernandez, Plaintifi’v. CVS Health, a Corporation, andDOES 1-100, Defendant” in the Superior Court 0f the State of California, County 0f Santa Clara, Case N0. 20CV371612 (the “State Court Action”). 7. True and correct copies of the Summons and Complaint served 0n CVS are attached hereto as E A. 8. In his Complaint, Plaintiff alleges the following causes 0f action: (1) Non-Payment 0f Overtime ages and or Double Time ages (Labor Code § 5 10) (2) Failure t0 Provide Rest Breaks (Labor Code § 226.7) (3) aiting Time Penalties (Labor Codes §§ 201, 202 and 203) and (4) Unfair Business Practices in Violation of Business & Professions Code §§ 17200. 9. On January 4, 2021, CVS timely filed an Answer t0 the Complaint. A true and correct copy 0fCVS s Answer is attached hereto as E 10. The Summons, Complaint, and Answer constitute the pleadings, process, and orders served upon 0r by CVS in the State Court Action. -2- PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1 Filed 01/04/21 Page 3 of 7 III. COMPLETE DIVERSIT E ISTS ET EEN PLAINTIFF AND CVS 11. The Complaint, and each cause 0f action alleged therein, may be properly removed 0n the basis 0f diversity jurisdiction, in that this is a civil action between citizens 0f different states and the amount in controversy e ceeds the sum 0f 75,000, e elusive 0f interest and costs. 28 U.S.C. § 1332. A. P C S C r 12. Plaintiff is now, and was at the time this action was commenced, a citizen 0f the State 0f California within the meaning 0f U.S.C. § 1332(a) -- his place 0f residence and domicile are, and were, located within the State 0f California. See E . A 2 see also Kanter v. Warner- Lambert C0., 265 F.3d 853, 857 (9th Cir. 2001) (“A person s domicile is his permanent home, where he resides with the intention to remain 0r t0 which he intends t0 return”) Lew v. Moss, 797 F.2d 747, 751 (9th Cir. 1986) (e plaining that residency creates a rebuttable presumption 0f domicile for purposes 0f establishing diversity 0f citizenship). 13. Upon information and belief, including the fact that Plaintiff resides in the State 0f California and was employed by CVS in the State of California from 2001 to 2019, Plaintiff is, and was at all relevant times, a citizen 0f the State 0f California. “[A]t the pleading stage, allegations ofjurisdictional fact need not be proven unless challenged.” NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 614 (9th Cir. 2016) Ehrman v. Cox Commc’ns, Ina, 932 F.3d 1223, 1227 28 (9th Cir. 20 1 9). CVS H C r r C S D r d R dM 14. CVS Health Corporation is a holding company which owns 100 0fCVS Pharmacy, Inc. s stock. CVS Health Corporation was incorporated under the laws 0f the State 0f Delaware and remains a Delaware corporation as 0f the date 0f this Petition. 15. CVS Health Corporation s principal place of business is located in oonsocket, Rhode Island. CVS Health Corporation s head uarters, including its principal e ecutive and administrative offices, are located in oonsocket and have been since before the filing 0f this lawsuit. The majority 0fCVS Health Corporation s corporate officers and senior e ecutives whom -3- PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1 Filed 01/04/21 Page 4 of 7 direct, control, and coordinate its operations are also located at its corporate head uarters in oonsocket, Rhode Island. As a result, nearly all 0fCVS Health Corporation s corporate decisions are made in Rhode Island, including operational, e ecutive, administrative, and policymaking decisions. 16. Therefore, for the purpose 0f determining jurisdiction, CVS Health Corporation was not (and is not) a citizen 0f the State 0f California, but rather, it was (and is) a citizen of the States 0f Delaware and Rhode Island. 17. “Doe” Defendants fictitiously named, but not served, are not joined in this Petition and Notice 0f Removal, and shall be disregarded for the purpose 0f determining removal jurisdiction. 28 U.S.C. § 1441(b)(1). In determining whether diversity 0f citizenship e ists, only the named defendants are considered. Newcombe v. AdolfCoors C0., 157 F. 3d 686, 690-691 (9th Cir. 1998). 18. Accordingly, complete diversity e ists between Plaintiff (California) and the CVS (Delaware and Rhode Island). IV. THE AMOUNT IN CONTROVERS E CEEDS THE , URISDICTIONAL MINIMUM 19. The jurisdictional minimum amount that must be in controversy, over 75,000, was satisfied at the time of the filing 0f this action and is still satisfied by the facts set forth herein and described more specifically below. 28 U.S.C. § 1332(a) (“[D]istrict courts have original jurisdiction 0f all civil actions where the matter in controversy e ceeds the sum 0r value 0f 75,000, e elusive 0f interest and costs and is between citizens of different States”) see also Matheson v. Progressive Specially InS., C0., 319 F.3d 1089, 1090 (9th Cir. 2003) (“[J]urisdicti0n founded 0n [diversity] re uires that the parties be in complete diversity and the amount in controversy e ceed 75,000”). 20. CVS discusses the allegations below solely t0 demonstrate that the amount in controversy in this matter e ceeds 75,000. CVS denies that Plaintiff is entitled t0 any damages and denies that Plaintiff will be able t0 recover on any 0f his theories 0f recovery. -4- PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1 Filed 01/04/21 Page 5 of 7 21. In assessing the amount in controversy, this Court may, for removal purposes, 100k t0 the removal papers and the pleadings, as well as summary judgement type evidence. Chavez v. JPMorgan Chase & C0., 888 F.3d 413, 416 (9th Cir. 2018) Kroske v. U.S. Bank Corp, 432 F.3d 976, 980 (9th Cir. 2005) Singer v. State Farm MutualAuto Ins. C0., 116 F.3d 373, 376 (9th Cir. 1997) Gaus v. Miles, Ina, 980 F.2d 564, 566 (9th Cir. 1992). A. T A C r r M r d D d A r F A S L , P d E d H Pr 22. In measuring the amount in controversy for purposes 0f diversity jurisdiction, “a court must assume that the allegations 0f the complaint are true and assume that a jury will return a verdict for the plaintiff 0n all claims made in the complaint.” Kenneth Rothschild Trust v. Morgan Stanley Dean Witter, 199 F. Supp. 2d 993, 1001 (C.D. Cal. 2002) ( uotations omitted, emphasis added). In addition, the Court should aggregate damages in determining whether the controversy e ceeds 75,000. See Bank 0fCal. Nat’l ASS ’n v. Twin Harbors Lumber C0. , 465 F.2d 489, 491 (9th Cir. 1972) (“aggregation is permitted when a single plaintiff seeks t0 aggregate two or more of his own claims against a single defendant”) (internal notations omitted). 23. Additionally, as the Ninth Circuit has recently clarified, “the amount in controversy is not limited t0 damages incurred prior to removal - for e ample, it is not limited t0 wages a plaintiff-employee would have earned before removal (as opposed t0 after removal)[ but] rather, the amount in controversy is determined by the complaint operative at the time ofremoval and encompasses all relief a court may grant on that complaint if the plaintiff is Victorious.” Chavez, 888 F.3d at 414. E D F r P 24. Plaintiff seeks damages associated With alleged back pay. See E . A , Pr r r R 25. Plaintiff alleges that his hourly rate was 25.00 during the period 0f December 2017 to October 2019 a period 0f 23 months. See E . A -5- PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1 Filed 01/04/21 Page 6 of 7 26. Plaintiff further alleges that he “regularly” worked over 8 hours per day and over 40 hours per week, but was not compensated for his overtime. See E . A . He also alleges he was not provided meal or rest breaks. Id. 27. Using the 23-month liability period (E A. ), and assuming an average 0f 10 hours 0f overtime per week ( 37,000) (id. ), 3 missed meal 0r rest periods per week ( 7,500) (id. ), and 30 days 0f waiting time penalties ( 6,000) (id. 21 2 ), Plaintiff s alleged economic damages alone are at least 5 1,000. C. A r F 28. here an underlying statute authorizes an award 0f attorneys fees, such potential fees may be included in calculating the amount in controversy. See Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1156 (9th Cir. 1998). Here, Plaintiff is re nesting attorneys fees at Paragraph 6 0f his Prayer for Relief. See E . A, Pr r 29. As the Ninth Circuit e plained in Chavez, when determining the amount in controversy, attorneys fees are calculated based 0n the total possible recovery, and not just fees incurred as 0f the time 0f removal. Chavez, supra, 888 F.3d at 417 (“That the amount in controversy is assessed at the time of removal does not mean that the mere futurity 0f certain classes 0f damages precludes them from being part 0f the amount in controversy”) Lucas v. Michael Kors (USA), Ina, N0. 2018 L 2146403, at 11 (C.D. Cal. 2018) (“The broad holding [in Chavez] strongly suggests that the Ninth Circuit would find it appropriate t0 consider post- removal attorneys fees. Therefore, the Court agrees that unaccrued post-removal attorneys fees can be factored into the amount in controversy”) Bernstein v. BMW ofN. Am, LLC, 2018 L 2210683, at 2 (N.D. Cal. 2018) (“The Ninth Circuit s recent decision in Chavez . . . holding that the amount in controversy is what is at stake in the litigation at the time 0fremoval suggests that the attorneys fees in the conte tof the amount in controversy re uirement should be calculated based 0n the total possible recovery and not just the fees incurred t0 date resolving a previously unresolved uestion.”). 30. Assuming that a conservative amount 0f pre-trial fact discovery (50 hours), pre- trial e pert discovery (20 hours), trial preparation (40 hours), and trial attendance (45 hours) -6- PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1 Filed 01/04/21 Page 7 of 7 occurs in this case, it is very likely that if attorneys fees are awarded in this matter, the award alone would e ceed 75,000. It is, at the very least, plausible that an attorneys fee award in this matter would e ceed 75,000. 3 1. Along with Plaintiff s alleged economic damages, the threshold is easily met. V. REMOVAL IS TIMEL 32. This Petition and Notice 0f Removal is timely pursuant t0 28 U.S.C. section 1446(b) because this action is being removed within thirty (30) days 0f the date when CVS received the Summons and Complaint. 28 U.S.C. § 1446(b)(1) see E A. VI. CONCLUSION 33. For the reasons stated above, this Court has jurisdiction under 28 U.S.C. section 1332 because this is a civil action between citizens 0f different states, and the matter in controversy e ceeds 75,000, e elusive 0f interest and costs. 34. Accordingly, CVS may remove this action t0 this Court pursuant t0 28 U.S.C. sections 1332 and 1441. CVS respectfully re uests that this Court e ercise its removal jurisdiction over this action. DATED: January 4, 2021 PAYNE & FEARS LLP By: /S/Andrew K. Haefi’ele ANDRE K. HAEFFELE Attorneys for Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) 4847-8324-322 1 .3 -7- PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 EXHIBIT A Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 1 of 14 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 2 of 14 Nov-20-2020 FRI 02:13 PM FAX: ‘ r ‘P,001l011 SUM-wo SUMMONS ' mfiz‘wfis’fiéff‘c‘ém (CITACJ'ON JUDICIAL) E-FILED ' NOTICE To DEFENDANT: 10/1/2020 1:27 PM .(Awso AL DEMANDADO}: ‘ Clerk of Court CV3 HEALTH, a Corporatiorx, and DOES 1-20 I Superior Court 3f (3A, H y ‘ I _- - ‘ County of Santa Clara you ARE BEING SuEu BY PLAINTIFF: ‘ - . 200V371 61-2 ‘ I {Lo ESTA DEMANDANDO EL DEMANDANTE): -‘ ‘ ‘ Reviewed By; Ml Vu ' LUCIANO FERNANDEZ, an individual I Envelope: 503161 O ??TICEI You have been sued. The court may decide againsi you wlmom yeur being hgard untesa you respond within 30 days Rea‘d the Information e ow Yau have 30 CALENDAR DAYS afierthis summons and regal papers are served on you to file"a written response at [ms court an‘p have a copy served on the plaintiff. A Lattar o‘r phone call wII I not protect you Yourwrinen response must ba'1n proper Eegat form Ityou want the mun to hear your case. There may b5 a court form mat you fin use far your response. You can find these coun forms and more information at me Ca'flfomla Cuuns Onllna self-Help Center (WW.camtinfo. ca.goWseImeIp). your caunty an library. or me counhuusa neflrEat you. 1f you cannot pay iris filing fee ask the com clerk for a faa waiver form. I1 you du not fire your response on time. you may 105's the case by default, and your wages mnhey. and properly may be taken without further wamtng from the mun ‘ There are rather Egal requirements. You may want ta call an attorney right away‘ If you do not Know an attorney. you may want t9 call an anarnqy referral $enn'oa If you cannot afiard an attorney. you may be efigible for free legal services from a nanprufi: legal services program. You can mcata these nonpmfil QMUPS at ”'13 Canfomlfi L-Egal SENECES Wab site (wmv.[awhelpcafifomr‘a.m). the California Courts Onilne SeILHelp Center {www.muninfo‘ca gowbelfitelp). 0r by mniading your local court or county bar association. NOTE: The court has a statutory lien f0 waived fees and cosh on any sememant or arbitration award of 510.000 or more in a civil aase. The court's lien must ha paid before the court will msmiss the case. 1AW50! La flan damandado. SI no rcspande denim de 30 digs, [a cnrta pueda dacidir en su comm sin ascuchamu varsr'dn Lee Ia informadidfl a continuadan ‘ Trene 30 DIAS DE CALENDARJO después d9 qua la entreguen eats effacldn ypapales Iegale: pats presentar una nespuasfe par 55mm en 55:5 GWE J’ ”BEEF QUE 50 EFIWQUB Una GONE a! demandamu. Una carta a una ifamada telefdnfca no Io pmragan. Su raspuasfa por escrlm rlena qua ester I -en Immaro Ia‘ga! ao'qeqfo sJ n‘es‘ea‘ cue procasen Ru case en (a coma. Es posibla qua naya un formuta'rio qua usrad puada asarpara ‘su respu'est‘e Pueda encontrar es'z'os farmufafias d5 Ia carts ymés Informaclon en sf Centre de Ayuda de [as Cortes as Califamia (www.sumne ca.gov) en (a 'DIDV’Dffl-‘fi €13 WES d5 3U WHdfida D en n‘fi COM qua fa quads més Germ SJ no pueda pagar' {a {:u'nra d5 presentaoidn, pFda af secreran‘o d6 Ia cone We TB dé U" mufafifi de exencrén da pago d9 mates. SI m: presenra Su respuasta a tie’mpa pueda perder e.‘ c350 par incumpfimi aura y la aorta re Pfldré Guitar SH SWIM. dmam y bienas sin mas advenancia HEY W95 MQUI'F'WE IEQWES ES femmflfidabffi GUS llama a un sbogado Inmeaiaramanra Si m: canoes a w"; abogado pueda Namcr a un gamma d5 remmén a 'abogados. Si no pueds pagers un abagado, es paybfe true cumpla can Ins raqulsftos para omener servicios fieyales gratuxtas d9 un ngfamfi d9 SEWIG’OS 1693185 5i” fines d5 FUEW PUEde encontraf es'fds gmpas sin fines de Iucro en e: sitro web da Cahfamia Legs! fiervicas. ' ' rwww Iawhalpaallfomfa.org). an a! Centre da Ayuda de {as Cortes do Carrumr'a Mww.sucune.ca.gov} o panréndasa an Gamma non Ia cone a e! cafagia‘ d6 aboqados focales. AWSD.‘ Parley. fa carts Ilene derecho a reclamarlas cuatas y {as castes memos par imponar un grammar: sabre Cflaffi'flffifWUPWQWN d9 $10.009 é més 06 velar mclbida mediante un acuerdo o una canmsidn d9 arbitraja en un case de derecho civil. Tieno qua . pagar a: giavaman da Ia cone antes d9 qua ia aorta pueda desechar s! cam. = The name and addresa of the court Is: . _ . CASE NUMBER: {Ernambr'e y direccr‘fin de {a aorta es): Wm“06mm r Santa Clara County Emperior Court (Civil Division) 20CV371 613 .191 North First Street, San Jose CA 951 13 ‘ . ‘ ‘ Th2 Game WUTESS Efld tBlEDthe number Of plaintiffs attorney. or plaintiff without an attorney ia‘ '- ‘ (Er nomb're (a dfre-cctén y e! numem de taféfono d9! abagado def demandante. a def demandante que no riena abagaa’i. es): Hoa T. C000, LAW OFFICES OF HOA T. COOC 212 9th Straet Suite 212, Oakland, CA 94607; (510) 268-3063 .D 35;; fifiymrfig‘iw Clerk of Court gig‘fefirm) M Vu {Aggufim {Forproofofaewice ofrhis summons. use Proof of Service of Summons (form P034310).) ‘ (Para FWEDB d9 BHFEQa de asfa citafién U59 e! formufario Proof of Service of Summons, {POSaOTOJI , NOTICE TD THE PERSON SERVED: You are served 1. m as an individual defendant. 2.m a5 the person sued under the fictitious name of (specify): CVS HEALTH, a Corporation 3_ on behalfnfispacw): CVS, Health , a Corporation under:E CCP 416.10 (corporation) cop 41B so (minor)E COP 416.20 (defunct corporation) CCP 416.70 (cunsewatee)E CCF' 416.40 (association or partnership)m COP v41 8.90 (authmzed person) E] other (special): 4 E by personal delivery on (date): Pm 1 on Form Moptud Inf Mandalary USE Cad: cf CM] F'mwum §§ 4.1230, 465 Judw mum: e: calmla SUMMONS | m.fmmmmmWM‘RWM ‘ C3 EXHIBIT A PAGE 8 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 3 of 14 NOV-20-2020 FRI 02313 PM FAX: P.002/011 ATTACHMENT ‘CVM501 2 CIVIL LAWSUIT NOTICE Superior Conn m" California, County ofSanta Cfam CASE NUMBER: 200V371 51 2 191 Norm First St, San José, CA 951 13 PLEASE READ THI$ ENTIRE FORM PLAINTIFF (the person suing): Within 60 days after filing the lawsuit, you must serve Bach Defendant with the Complaint, Summons. an Akemafive Dispute Resolution (ADE) Information Sheet, and a copy of this Civil Lawsm'r Notice. ar d you must file written proof of such service. ‘ DEFENDANT(The person shied): You must do each of the following to protect your rights: 1. You must file a written response to the Complaint, using the properiegai form or fonnar, in the Clerk's Office of the Court, within 30 days; of the date you were served with the Summons and Complaint L2. You must serve by mail a cupy of your written response on the Plaintiffs attorney or on the Plaintiff 'rf Plain 'fi has no attorney (to “serve by maii" means to have an aduit other than yourself mail a copy); and 3. You must afiend the first Case Management Conference. Warning: If you, 35 the Defendant, do not follow these instructions, you may automatically lose this case. RULES AND FORMS: You must foliow the California Rules. of Court and the Superior Court of Californiabounty of <_GoumyNamem: Local Civi} Ruies and use proper fomls. You can obtain legal information, view the rules and receive forms. free of charge. from the SelfaHeip Center at201 North First Street, San José (408-882~ZQDU x-2926). - State Rules and Judicial Council Forms: www.courfinfo‘cagovffonns and www'naurl'tnfucagovlmles - ‘ Local Rules and Forms: Mtg:f/www‘sacsuEiorcourtmgchUruleitoc.htm CASE MANAGEMENT CONFERENCE [CMCP You must meet with the other parties and discuss the case, n person or by telephdne at least 3O calendar days before the CMG. You must also fill out, file and serve a Case Manage nan: Statemanr (Judicial Council form CMJ 10) at [east 15 ca[endar days before the CMC. You oryour attorney must appear at me CMC. You may ask Io appear by telephone - see Local Civi! Rule 8. Your Case Management Judge is: * Department: The 15‘ CMC is scheduled for: {Completed by Clerk of Court) Date: Time: in Department: The next CIVIC is scheduled for: (Completed by party if the 13"CMC was continued 0r has passed) Date: Time: in Department: ALTERNA TIVE DISPUTE RESOLUTION (ADE? If all parties have appeared and filed a completed ADR Stipufation Form {local form CV-EOOB) at feast 15 days before the CMC, the Court win cancel the CMC and mail notice of an ADR Stalls Conference. ‘ Visit the Court’s website at www.sacsuggigmgmurgfciwlfADRl or call the ADR Administrator (403382-2100 #2530) for a list oi ADRprDviders and thelr qualifications. services, and fees. ' WARNING: Sanctions may be imposed ifyou do not follow the California Rules of Court or the Luca! Rules of Court. cv-smz REV 08101115 CIVIL LAWSUIT NOTICE Fag“ 0H EXHIBIT A PAGE 9 Case 3:21-cv-00012 Documentl-l Filed 01/04/21 Page4of14 NOV-20-2020 FRI 02:14 PM FAX: I P.003/011 CM-D‘W JTTORNEY ca FARTY \MTHOUT AHQRNEY Name, 3m ea p cams ‘_H0a T Coo: 51am Bar No 2 716. mum er. an es} ‘ FORCOURT USE ONLY LAW OFFICES OF HDA T. COOC h 212 9th shreezésmt; 212 IIECtrODICHHV Flléd Oaklzrgméwgweog 10) 268-3 510) 271 8221 uy Superior Courf of CA, AWDRNEV FoaanmeJ. glamtiffoLUC61ANO FERNAND%Z bounty Of santa Clara: savanna coum ox: CALIFORNIA. counw 0F Alamada I I‘I 1011 [2020 1 :27 ‘PM STREETADDRESS 191 North First Street, I eviewed By: M Vu”mm“? I‘ase #2ocv371 61 2mwmnzmmna San Jose,CA 95113 ‘ _ I _ _ I _ '_' _ amucn WE- Santa Clara. County Supcnor Court {Cm} Dwmon) l:nVelee. 5031 61 O CASE NAME: \ LUCIANO FERNANDEZ v. CVS HEALTH, ct a1. ‘ CIVIL CASE COVER SHEET Gompzex case Designation “5‘ “W35“ 2OCV371 61 2 Unfimtted E Limited m E(Amount (Amwm Counter Joinder JUDGEdemanded demanded is Filed with first appearance by defendant ' eXGEEdS $25000) $251000 Or 165$) (Cal. Rules of Court rule 3.402) DEPT [Isms 1-6 below must be completed (see instructions on page 2). 1. Che ck one box below for the casa type that best describes this case: \ ‘ Auto Tart Contact Provisionally Complex GIle Litigaitinn‘E Auto (22) D Breach of contracb'warranty (OB) (cal- RUIBS 9f Goun- "4'53 340013-403) uninsured mmurist (46) fl Rme 3.740 contentions (ca) [2:] Antitrusm-rade regusauon (o ‘ Other PUPDMD (Pamonal Injurnyroperw m Other collections (05) E Construction defect (1 D)Damage’wmnam “cam TD” E Insurance coverage (1S) Mass tort (40) Asbestug (off) I E Other comm, <37) m Securities litigation {23; Pmdf‘c't "3th [24) Real Prcperty D EnvironmentalfTaxic tort {30) Medical malpractice (45) Eminent domalnllnverse m Insurance coverage claims arlslng from theE Other WPDJWD (23) mndemnafian ('14) anew listed prowsianany :nr‘nplax case Non-PHPDMID (Other) Tm E Wrongful evlctlon (33) typesm Business toruunfair business practice (07) E Other rea‘ Pmpeny (26) Enfur‘mment “f JudgmamD CMI fights (OB) Un Mul Datarnar E Enfurcament ufjudgment [20‘E Défamafifln (1 3) m Commerfilfil (31} Miscellaneous CM! Complaintm Fraud (16) m Residenzlal (32) E R300 {27) ‘m Intetleciual propmrty (19) E Drugs {38) other wmplaimmcrspecrfie-j above) (42) Pm‘mi‘m' “efifigeme ‘25) ‘&m' RBV‘B‘” Mlswuanauus Civil Petition ' ‘ E I O‘her WH'P'IPDI'WD 1°” (35) E 2553: ””6“”: (05‘) rd ( ) Partnership and corporate governance (21)mp oymen: em on re: a itraton awa 11 . Other 3mm“ not a flamed above 43E Wrongfm rumination (36) E Writ of mandate (02) m p ( p ‘J ( ) , Other employment (1 5) E Dinar judlcial rewew (39) 2. Thls case I's m Es n6! complex under rule 3.400 of the California Rules of Court. If the case Is camp‘lex, mark the factors requiring exceptional judicial management: a.E Large numberof separately represented parfies d.E Large number ofwltnessas b E Extensive motion practice raising difficult or novel a.E Coordination with related actions pending in cine fir more courts issues that will be timE-consuming to resolve in other counties. states. or muntries‘ or m a rederal court c.E Substantial amount of documentary evidence f, E Substantial postjudgmentludicial supervision 3. Remedies sought (check allthatapply): am monetary mi nonmonetary: deciaratory arinjunctiva relief G. .punifive 4. Number of causm of action (spectfy): 3 5- This 6393 E i5 i5 not a class action suit 6. lfthere are any known related cases. file and serve a ncfice of related case. (Y - arm M- 5.) Daze- Septem her 30 2020 .__..-~..‘______._.- Hoa T Coon ‘ ‘ (TYPE 0R PRINT NAME) [(smrxm'uai 0F pmv on Awoknev FOR MAW) NOTICE t Piaintiff must file this cover sheet with the first paper filed in the action or proceeding (except smalI claims cases or cases filed under the Probate Code, Famity Code. or Welfare and Institutions Code). [CaL Rules of Court, rule 3.220.) Failure o file may result in sanctions. ' Flle this cover sheet in addition to any cover sheet required by local court rule. ‘ I [f this case Ts complex under mIB 3.400 et seq. of the California Rules uf Counhyou must serve a capy of this cove; sheet on all other names to the acficm or proceeding. ‘ ' UHIE$S this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for stallsflml puraosas (mm. Form Adopiefl forMwalm Use Cal Rdea of Cuufl. MM 230. 3.1220. 3400-1453. 3.740; Judl’ual Gumuzmcamomla CIVIL CASE COVER SHEET , GIL Standard: anumd: Admlnlslnflan sid‘ 3.10 m-mutficv July 1. 20m] mmurfinbmaanv EXHIBIT A PAGE 10 Case 3:21-cv-00012 Documentl-l Filed 01/04/21 Page50f14 NOV-20-2020 FRI 02:14 PM FAX: P.004/011 INSTRUCTIONS ON HOWTO COMPLETE THE COVER SHEET CM 010 To Plaintiffs and Others Filing First Papers. Jf you are filing a first paper (for example. a complaint) 1n a dvi‘ case. ycu must complete and file. afong with your first paper, the CM! Case Cover Sheet contained an page 1. This information wiu be used to compile statistim about the types and numbers of casas filed. You must complete items 1 through 8 on the sheet. In Item 1|. you must check one box for the case type that best describes the case. If the case fits both a general and a more spacific type of case listed in item 1, check the more specific: one. If the casse has multiple causes of action, check the box that best indicates the priman'; cause of action. TO assist you in mmplafing the Sheet. examplea of the caSes that belong under each case type in item 1 are pravide'd bel0w. A cover sheet must be filed only with your initial papen Failure to file a cover sheet with ma first paper filed in a civil case male Subject a party, its counsel. Dr both tn sanmians under rules 2.30 and 3.220 ofthe California Rules of Court. TO Parties in RUle 3.740 Collections Cases. A "CDHECfiOhS case" er‘rdm' rule 3.740 15 defined a5 an action for recovery of money OWEd in a 511m Stated Io be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising frol'fi a transaction in Wm?“ Rr‘mfi‘r. iififlfii. FrmfinfiY WEfi firmillrfifl nn firfimt fl nnllrnflnnfi mfif‘ rinfifi nm‘ innlnnf' fin fiminn iffhlnn Th fnilmnnna' (.1) Tnn ilfllgl-I, {.1} flLIHIII'JS IlMHgLL. {U} n“.Mw‘u‘->‘J u! IL-ul pnuPunl]. l4} Imwum’ VI yIr-I-aullcll mupcfly. ul (5} a pmludgmcul m". uf aflachmem. The- idenfi'fication uf a case a: a rule 3.740 mllacfione case on this form maanc that it will be ¢x¢mp1 from tho general tfme-for-service requirements and case management rules, unless a defendant flies a responsive pteading. A rule 3,740 collections case Wm be subjemto the reqUiramants for service and obtaining a judgment in rute 3.740. To Parties in Complain Caaes. In complex cases only. parties must also use the CM! Case Caver Sheet to designate whether the Ga“ is WWPIBX. If a Plaintiff believes the c359 is complex under rule 3.400 of the California Rules of Court. this mu'st be Indicated by mmplflfing the appropriate DUKES in items 1 and 2 If a plaintiff deaignates a case a5 compiex, tha cover sheet must b'e served With the melflini 0n a" Parties to the action. A defendant may file and serve no later than the time of its first appearano': a joinder in the plaintiff‘s designation, a counter-des1gnation that the case is not complex. or, if tha piaintiff has made no designation, a designation that the case ls ccmpiex. CASE TYPES AND EXAMPLES AUID Tort Contract Promlonally Complex C- vil Litigation (Cal. Auto (22)-Personal Injurnyrnpeny Breach of Con‘tractrwarranty (OB) Rules of court Rules 3.4: 04.1.03) DamagaiWrongml Beam Breach nf RentallLease Antitrust’Trade Reguafion (O3) Uninsured Maturm (is) (if the Qumran {not unlawful defainer Construction Defam 1n) : case Involves an uninsured or wrongful eviction) Claims Involving Mags Tort (40) magma; cram 3mm; ta CentracWVarranty Breach-Sener Securities Ling alien (23) arbitration, shack this item Ptaintiff (no: fmud carnagrigence) EnfironmentaVToxIc lTorl (30) Instead of Aura) Negllgen! Breach of Contract! Insurance Coverage ICJaims Other PIJPDJWD [Personal Injury! Warranty (ansmg frat]! pmg-Jsmnally complex Property Damagajwrongfu] peam) Omar Breach of Cuntractlwarranty case type hated albove) (41) Tart Collemiuna (e.g.. money awed. open Enforcemem of Judgmnt Asbestos (04) book amounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Golteotionl Gase-fieller Plaintiff Abfitmct at Jude em (Out of Asbaatos Persona] Wary; Other Promlssory Nommorlactions ' COU'I'IYY) - wrongfui Death Case _ _ Confasswn oi Jufigrnant (non- Product Llabllity [nor asbestos or Insurance coverage (”D’va’s’m’a”? dfimsafic féllafians) toxidenvironmenrai) (24) comma") (1 B) _ Sister State Judgll'n EH1 Medical Malpractlca [45} AU“ SmeQEhW Administrafive Agency Award Medical Malpraclloe- Other Coverag E (nor unpaid rakes) - Pnyslclans & Surgeons Omar Contract (37) PBWONCMIfiGfiOD 01' 5W? 07 Other meessiunal Health Care Contractual Fraud JWQment WAUHPQW TENS Malpractice Other Gontracx Dispute Dmfié Efifflmfim n1 of Judgment OtherPUF'DNvD (23) Real Property ass ?remlseg Llamllw (3.9" 35p Eminent Damawjmgrse Miscellaneous lell complaint and ran) Condemnation (14) RICO (2?) _ _ Intentional Bodily Injuryrpwwo Wrongful Evicuon (33) OtherbCOmpfént (not spewed (e 9.. assauit. vandaflsm) Other Real Property (e.g.. qulet title) (26) a WE) ( ) R ti f O 1Inmntmm lnfiicfic'” ‘35 Wn'z of Possesslon of Real Property FfCIarIamfi ff 0 InyEmnfimfli mwess Mufigage- Foreclosure n unfit ve el e: n y (nan- Nagtigent :nflimian of mmme Mechgfigflzfi)Emotions! Distress Dther Real pm a n9: emment . _ Other Pwnrwn domain. landlorfinréfiém. or We; Commeww Comm INun-Pupomn (other) Tor: foreclosure) 0 h gsi!(’é°”r:°.ll“.’”f”"°mp 9"} Business. ToruUnfaIr Business Unlawful Detalner t ?;mdomgogjgkhmfl Pram” (07) . . C°mmemial (3-1) Miscellaneous Civil Pafi'fian CM! Rights (3.9.. mscrjlnfnnatlan. Residentiax (32) Pamgmhip and CamlOmB false arrest} ("GE GM! Drugs {36) (ifma case imam: mega! Gwarnance £21) harassment) (08) drugs, aback this Item; othenw'sa. ' ' - _ . Other Petition {nut a ewfiedDefamaiian (E.g.. Siander. ”bel) raporf 35 Cammarcraf m- Rwdfinflaa above) (43} (13) Judicial Review ‘ CW“ Harassmen Fraud (1 6] Asset Forfeiture [05) warkpxam Viozerm Intellectual Property (19) Petition Ra: ArbitratiDnIAward (1 1) Eldedoependem Adult Professianal Nagfigenca (25) Writ of Mandate (02) Abuse . Lagal Malpmafice Wrn-Administrafive Mandamus .ecfion Contest Omar PrarcssiOna! Malpractice: Writ-Mandamus an Limited Court Petition for Name Change mormadifla’ wiegaf} - Ga“ Matter Petition for Rails From Late Olher NM-PII’PDIWD Tort (35) wm-cnher Limited Court Case ClaimEmmym‘“ Review omer CM: Peuuc-n W'°"‘9f“' ”WWW" (35) Omar Judicial Rewew 39) ' Omar Emmwmam n53 Revlew of Health éfflcer Order Notice Df AppaaPLabur Comstsioner Appeals CM-OWWVV Jul? LEW] CIVIL CASE COVER sHEET Pige Bel: EXHIBIT A PAGE 11 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 6 of 14 NOV-20-2020 FRI 02:15 PM FAX: ‘ P.005/011 E-FILED ‘ 10/1/2020 1:27 PM Gabrieua Parker, State Bar No. 327751 gfr’ggfggfl bf CA H‘oaT. Cooc, State Ba: No. 244716 C p t f3 t CI ' LAW OFFICES OP HOA T. COOC ‘ 0U” y 0 an a Era 212 9th Street, Suite 212 200_V371 S1 2 Oakland, CA 94607 Rewewed By: M Vu 18 19 20 22 23 24 25 Tel: (510) 258-8063 Fax: (510) 271~8221 Attorney for Plaintiff Luciano Fernandez IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR COUNTY OF SANTA CLARA UNLIMITED JURISDICTION ) 20CV371 5'1 2 LUCIANO FERNANDEZ: ) Case N0. J Piajntjff ) COMPLAINT FOR DAMAGES ) v ) 1. Non-Payment of Overtime Wages gnd/or‘ ) unble Time Wages (Labor Code § 5 10); cvs HEALTH, a Corporation, and DOES 1 ‘- g 2' gag??? Pm‘da Re“ Breaks M?“ :Co‘ie ‘00 ) 3. Waiting Time Penalties (Labm Code §§ ) 201, 202 and 203) Defendant. ) PlaintifT'LUCIANO FERNANDEZ alleges as follows: NATURE OF CLAIM 1. This is an action by an employs: against his former cmployar for damages arising cut of the employer’s violation of thc Labor Code, and Wage Orders. Specifically, Plaintiff LU FERNANDEZ sues for non-payment of overfimeidouble time wages, and failure to prov and rest breaks. The remedics he seeks include unpaid overtime, and double time wages, liquidated damages, prejudgment interast, civil penalties, general, special and punitive damages, punitive damages arid costs, as wall as ammeys‘ fees, as provided by Iaw. /// /// Complaint for Damagas _ 1 _ EXHIBIT CIANO ide‘meal A PAGE 12 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 7 of 14 NOV-20-2020 FRI 02:15 PM I FAX: P.006/011 I PARTIES. 2 2. At all relevant times, Plaintiff LUCIANO FERNANDEZ (hereinafter “Pla.intiff") was a 3 California resident employed by Defendant CV3 HEALTH, AN CORPORATION, and DOES 1 4 and 100 (hereinafter “Defendam”) at the CVS store located at 12940 Saratoga Sunnyvale: Road, 5 Saratoga, CA 95070 (hereinafter “Business"). 6 3. Plaintiff is ignorant of the true names and capacities of Dafcndants sued herein as DOES 7 1 - 100 and therefore sues these Dafendants By such fictitious names. Plaintiff will amend this 8 Complaint to allsge their true names and capacities when ascertained. Plaintiff is informed and 9 believes, and on the basis of such information and beliaf allegas, that each of the fictitiously 10 named Defendants is reSpOnsible in some manner for some or all 0fthe occurrences allegediin 1 I this Camplaint, and that Plaintiffs damages gs herein alleged were proximately caused Icy sfich 12 Defendants. 13 SUBJECT MATTER JURISDICTION AND VENUE l4 4. . This Com has subject matter jurisdiqtion and is preper venue because all, or virtually all, 15 events giving rise to this lawsuit occurred in Santa Clara County. 16 GENERAL ALLE ATIONS I7 5. Plainfiffwas employed by Defendant as operation manager at the Business bctwccfi 13 December 2017 and October 2019 at an hourly rate 0f $25.00. l9 6. Plaintiffworked regularly over 8 hours per clay and 4O hours per week, but was not 20 compensated for all of the hours he worked find was not paid nvcrtime. 21 7. Additionally, Dcfendant did not provide Plaintiffwith rcst or mcal breaks requircd by 22 law. 23 Ill 24 ff/ 25 /// Complaint for Damages - 2 - EXHIBIT A PAGE 13 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 8 of 14 NOV-20-2020 FRI 02315 PM FAX: P.001/011 FIRST CAUSE F ACTION Non-payment of Overtime andJOI Dauble Time Wages in Violation of Labor Code § 5 1‘02 (Against A11 Defendants) 3 3. Plaintiff r6~allcges and incomomtas his allegations sat forth in paragraph 1 to 7 cf this 4 Compliant. 5 9. Labor Code § 5 10 which applies to Plaintiff’s employment by Defendant, providas that 6 all employees are entitled t0 payment at the rate of time and cane half for hours worked in excess 7 of 8 hours in a day, 4O hours in one week, and/or the first 8 hours of work on a seventh 3 consecutive day, plus dOuble time for hours worked in excess 0f 12 hours per day and any h‘Ours 9 over 8 haurs worked on thc seventh consecutive day ofwork in any workweek. '0 IO. Labor Code §1 I94, and applicable Wage Order, make it unlawful for Employers not‘to make the required overtime and double time payments identified in the preceding paragraph and that employees not paid sueh payments can recover any menies Owed by civil action. 13 I 1. ‘ Defendant did not pay Plaintiff for overtime or double time hours. ‘4 12. Plaintiff worked for Defendant dufing the statutory period defined as the last 3 yaars for the purpose of this claim. 16 13. AS a direct or proximate result 0f Defendant’s conduct, Plaintiff suffered damage s it; the form afloat overtime/doublc Lime in an amount to be proven at trial. ‘ ‘3 14. Pursuant to Labor Code §§1 194(a) arid 213.5 as wen as appncable Wage Order, Plaintiff requests that, in additiml to the ovenime/double time wages owed, that the Court aWard ‘ 2° Plaintiff’s attorney‘s fees and cost incurred in this action. 2‘ M 31 /// 33 M 24 25 Complaint for Damages _ 3 _ EXHIBIT A PAGE 14 20 21 22 23 24 25 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 9 of 14 NOV-20-2020 FRI 02:16 PM FAX: P.003/011 SECOND CAUSE OF ACTION Failure t0 Provide Rest Periods in Violation of Labor Code §226.7 and 8 California Code of Regulations §§1 1010 et seq. (OCR) (Against All Dafendants) ‘ 15. Plaintiff re-alleges and incorporates his allegations set forth in paragraphs 1-14 of this Compliant 16. At all relevant times herein, Plaintiff’s employment by Defenciant was subject to the provisions of Labor Code § 226.7 and 8 CCR § 11010 er 33:1,, which requires employcrs to j provide employees a t¢n~minute unpaid rest period for every four hours worked and Thirty- minute unpaid meal brcak for every five. hours worked, unless expressly exempted. 17. periods and/or rest periods required by law. 18. the purpose of this claim. 19. During the employment with Defendant, Plaintiffwas not always provided the meal‘ Plaintiff worked for Defendant during the statutory period defined as the last 3 y :ars‘ for For each time that Plaintiff was not provided the required rest or meal period, Plaintiff is entitled t0 recover one additional hour of pay at hi3 regular rate of compensation, and two additional hours of pay if neither a rest nor a meal pen’od was provided, pumuant to Lachr Code §225.7 and 3 CCR§ 11010 e: seq. 20. period that Defendant did. not provide to Plaintiff. Plaintiff is entitled to payment in an amount to be proven at trial for each rest anclfofmeal THIRD CALJSE OF ACTION Waiting Time Penalties Pursuant to Labor Code §§201. 202 and 203 (Against All Defendants) 21. Plaintiff re-alleges and incorporates his allegations set forth in paragraphs 1-20 0f this Compliant. 22. At the time Plaintiff’s employment with Defendant was terminated, Defendant owed Plaintiff certain unpaid wages. Complaint for Damages ‘ _ 4 , EXHIBIT A PAGE 15 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 10 of NOV-2U-2020 FRI 02:16 PM I FAX: 20 El 22 23 24 25 23. Plaintiff worked for Defendant dun'ng the statutory period defined as tha last 3 years for the purpose ofthis claim. 24. Failure to pay wages owed at an employee’s termination as required by Labor Cc de _ §§201 and 202 subjects the employer t0 the payment of a penalty equaling up to 30 days as previded for in Labor Code §203. 25. As of this data, Defendant failed and refused, and continues to fail and refuse, to amount due, thus making Defendant liable to Plaintiff for penalties aqua} to 30 days’ wages. FOURTH CAUSE OF ACTION Unfair Business Practices in Violation ofBusincss 62 Professions Code §§1720C (Against All Defendants) 26. Plaintiff re-alleges and incorporates his allegatiom: set forth in paragraphs 1-25 o Compliant. 2‘7. At all relevant times, Plaintiff‘s employment with Defendant was subject to the L Code and applicable Wage Orders promulgated by the California Indusn-ial Welfare Commission. 28. At all relevant times, Defendant, as employer of Plaintiff, was subject to the Cali Unfair Trade Practices Act, Business £5 Professions Code §§17200 at seq, which require Io abidc by the Labor Code and applicable Wage Orders promulgated by the Industrial Welfare Commission. 29. Plaintiffworked for Defendant during the statutory period defined as the last 4 ye the purpose of this claim. 30. Defendant engaged in unfair trade practices prohibited by Business 3: Profession §§ 17200 et seq. by: a. Failing to pay overtime and/oi- double time wages in violation of Labor C §51O (See First Cause of Action of this Complaint) Complaint for Damages _ 5 .. 14 P.009/011 ’ wages, pay the f' this abo r fomia .d them zars for s dec 0d: EXHIBIT A PAGE 16 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 11 of NOV-ZO-ZOM FRI 02:16 PM FAX: .. 20 2! 22 23 24 25 b. Failing f0 provide rest breaks in violatiOn of Labor Code §226.7 (See Sec Cause of Action of this Complaint) 31. Defendant violated Business & Professions Code §§17200, et seq, by committing acts prohibited by applicable Labor Code provisions thus giving Defendant a competitive adx antage over other employers and businesses with whom Defendant were in cornpetition and wh cornpliance with the law. 32. As a direct and proximate result of Défendant‘s violations, Plaintiff’s rights under the law were violated because Plaintiff Suffered monetary loss“ Plaintiff seeks restitution in the form of unpaid wages and. premium wages due for rest breaks andfor meal periods, with interest together with disgorgement of profits obtainéd by Defendant resulting from violation of Califomia law with respect to Plaintiff and, injungtive relief to prohibit Defendant from the California laws and regulations listed in this cause of actiOn. DEMAND FOR JURY TRIAL Plaintiff demands a jury trial in this matter. PRAYER FOR RELIEF WHEREFORE, Plaintiffprays for the following relief: 1. A11 unpaid wages clue including overtime, double time and statutory preju interest pursuant to Labor Code §5 1 0 in an amount to be determined at trial; ‘ 2. For wages for failure to provide andIOI' ensure rcst breaks pursuant to Lab §226_7 with statutory prejudgment interest; 3. For restitution of sums t0 Plaintiff for Defendant’s past failure to pay, over the last three years, overtime wages and compensation for missad meal and work in an amount according to the proofpursuam Labor Coda §I7200 et sequ, 4. For injunctivc relicf to prohibit Defendant from violating Califamia amp! laws described in this Complaint pursuant to Labor Code §l7200 et seq; Complain: for Damages - 5 . EXHIBIT 14 P.010/011 0nd 3 were in thetecm, violating dgment r Code breakS ayment A PAGE 17 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 12 of 14 NOV-20-2020 FRI 02317 PM FAX: ‘ P.011/011 l 5. For waiting time pcnalties pursuant to Labor Code §203; 2 6. For attomeys’ fees pursuant to Labor Code §§1 194(3) and 218.5 as well as 3 applicabla Wage Order; 4 7. For special and general damages according to progf; 5 8. For exemplary and punitive damages according to proof; 6 9. For cost of suit herein; and, 7 10v For such other and fimher reliéf as the Court may deem appropriate. 8 Dated: Saptember 28, 2020 LAW ICES OF HOA T COOC 9 m ' \/¢fi4 Hoé Thanh Coco, Esq. Gabriella Parker, Esq. 12 I Attorneys for Plaintiff ‘ Luciano Farnandez 11 23 24 25 Complaint for Damages . 7 . EXHIBIT A PAGE 18 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 13 of 14 200v371612 Santa Clara - CIVII Pos_o1 o ATTORN EY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY System Syktem Hoa Cooc, 244716 Law Offices °f Ho? T' C°°° Electronically Filed gailzrdsgiegfs‘sge 212 b Superior Court of CA, raLeiaHone no; (510)2sg-3063 ounty of Santa Clara, ATTORNEYFOR(~ame): Plaintiff o 11/25/2020 1:33 PM SUPENOR COURT 0F CALiFORuiA, COUNTY 0F geviewed By: System System Superior Court of California, Santa Clara County ase #200V371 61 2 191 N. First Street EnveloPe: 5367293 San Jose, CA 951 13-1 090 PLAINTIFF/PETITIONER: LUCIANO FERNANDEZ, an individual CASE NUMBER: DEFENDANT/RESPONDENT: CVS HEALTH. a Corporation. et al 2OCV371612 Ref. No. or File No.: PROOF OF SERVICE 0F SUMMONS 855 1. At the time of service | was a citizen ofthe United States, at least 18 years of age and not a party to this action.BY FAX 2. Iserved copies of: Civil Lawsuit Notice. Civil Case Cover Sheet. Summons, Complaint in Intervention 3. a. Party served: CVS Health , a Corporation b- Person Served: - Person Authorized to Accept Service of Process 4. Address where the party was served: 2700 Homestead Road Santa Clara, CA 95051 5. Iserved the party b- by SUbStitl-lted seWice- 0" (date): 1 1/1 7/2020 at (time): 11200AM | left the documents listed in item 2 with or in the presence 0f: Alicia Sisneros - Person In Charge of Office (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: d. on behalf of: CVS Health , a Corporation under: CCP 41 6. 1 0 (corooration) 7. Person who served papers a. Name: Gary Genest b. Addr9882 One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 415-491 ~0606 d. The fee for service was: $ 152.75 e. I am: (3) registered California process server. (i) Employee or independent contractor. (ii) Reaistration No.1 1560 (iii) County Santa Clara 8. I declare under penalty of pen'ury under the laws of the United States of Amerim and the State of California that the foregoing is true and correct . G Date- 11/24/2020 G0 '3 Garv Genest (NAME OF PERSON WHO SERVED PAPERS) (SIGNATURE) Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 Judia'al Council of California POS-010 [Rev. Jan 1, 2007] PROOF OF SERVICE OF SUMMONS OL# 15481 172 EXHIBIT A PAGE 19 Case 3:21-cv-00012 Document 1-1 Filed 01/04/21 Page 14 of 14 200V371612 ATTORNEY 0R PARTY WITHOUT ATrORNEY (Name andAmteas): Santa Clara - Civil TELEPHONE No.: FOR COURT USE ONLY Hoa Cooc, 24471 6 (51 0)268-8063 Law Offices of Hoa T. Cooc 212 9th Street _ _ Oakland, CA 94607 Raf.No.orF|eNo. Elect"0nlcally Flled AWORNEYFOR(~ame).-plamtiff bw periOI' court 0f CA, Insennameofaourtjudidaldisfimorbranchcourt,Harm coun of Santa Clara, Santa Clara - First Street on 11 25/2020 1 :33 PM 191 N. First Street Revi wed By: A. Rodriguez San Jose, CA 951 13-1090 Case #20CV371 61 2 PLAINTIFF: Envelope: 5367293 LUCIANO FERNANDEZ, an individual DEFENDANT: CVS HEALTH, a Corporation, et al CASE NUMBER: PROOF OF SERVICE BY MAIL zocv371612 BY FAX l am a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 1400 N. McDowell Blvd, Petaluma, CA 94954. On 11/25/2020, after substituted service under section CCP 41 5.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if applicable), | mailed copies of the: Civil Lawsuit Notice, Civil Case Cover Sheet, Summons, Complaint in Intervention to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Petaluma, California, addressed as follows: CVS Health , a Corporation 2700 Homestead Road Santa Clara, CA 95051 | am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. | am aware that on motion of the party sewed, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Fee for Service: $ 152.75 I declare under penalty ofperjury under the laws ofthe United States ofAmerica and the State ofCalifomia that the foregoing is true and correct and that this declaration was executed on 11/25/2020 at Petaluma, California. One Legal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 X] C'/' Petal ma, CA 94954 .u Trams Carpenter 0L# 15481172 EXHIBIT A PAGE 20 EXHIBIT B Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 1 of 11 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 2 of 11 One Legal ONE LEGAL: Confirmation #: 246471 45 Case Title: Luciano Fernandez vs CVS Health, et al. Page 1 of2 Thank you for choosing One Legal. If you have any questions about this order, please email us at support@onelegal.com. CASE INFORMATION Court Name: Court Branch: Case Title: Case Category: Case Type: Case #: DOCUMENTS Document Type Answer/Response/DeniaI/Demurrer - First Appearance Santa Clara County, Superior Court of California Santa Clara - First Street Luciano Fernandez vs CVS Health, et al. Civil - Unlimited Other Employment 200V37‘l 61 2 ORDER DETAILS Order Type: Filing order #: Date/Time Submitted: Client Billing Code: Contact Name: Attorney Name: Email Notification: Document Title Answer/Response/DeniaI/Demurrer - First Appearance Copyright © 2021 One Legal LLC - www.onelega|.com https://p1atf0rm.onelegal.com/OrderReceipt/Index/24647 145 eFiIing-eService 1568421 5 1/4/2021 9:39 AM PT 5447.1 23 Janet Jackson Leilani Jones Contact Pages Uploaded 8 1/4/2021 EXHIBIT B, PAGE 21 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 3 of 11 One Legal Page 2 of 2 Copyright © 2021 One Legal LLC - www.onelega|.com https://p1atf0rm.onelegal.com/OrderReceipt/Index/24647 145 1/4/2021 EXHIBIT B, PAGE 22 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORNEYS AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 4; \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document1-2 Filed 01/04/21 Daniel F. Fears, Bar N0. 110573 dff@paynefears.com Andrew K. Haeffele, Bar No. 258992 akh@paynefears.com Leilani E. Jones, Bar No. 298896 11j@paynefears.com PAYNE & FEARS LLP Attorneys at Law 4 Park Plaza, Suite 1100 Irvine, California 926 1 4 Telephone: (949) 85 1 -1 100 Facsimile: (949) 851-1212 Attorneys for Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) Page 4 of 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNT OF SANTA CLARA LUCIANO FERNANDEZ, Plaintiff V. CVS HEALTH, a Corporation, and DOES 1 - 100 Defendant. Case No. 20CV37 1 612 DEFENDANT S ANS ER TO THE COMPLAINT OF PLAINTIFF LUCIANO FERNANDEZ Action Filed: Trial Date: October 1, 2020 None Set Pursuant to the provisions of California Code of Civil Procedure section 43 1 .30, subdivision (d), Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) (“Defendant”) denies, generally and specifically, each and every allegation contained in the Complaint filed herein by PlaintiffLUCIANO FERNANDEZ (“Plaintiff”) as follows: DEFENDANT S ANS ER TO PLAINTIFF S COMPLAINT EXHIBIT B, PAGE 23 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORNEYS AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 .p \OWNONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 5 of 11 ENERAL DENIAL Defendant denies, generally and specifically, each and every allegation contained in the Complaint filed by Plaintiff. Defendant denies, generally and specifically, that Plaintiff has been damaged in any sum, or at all, by reason of any act or omission 0n the part of Defendant, or by any act or omission by any agent or employee 0f Defendant. Defendant further denies, generally and specifically, that Plaintiff is entitled to any relief whatsoever. AFFIRMATIVE DEFENSES ithout waiving the foregoing, Defendant alleges the following separate independent affirmative defenses: AFFIRMATIVE DEFENSE Ar r 1. The Complaint, and alleged causes of action therein, are improperly before this Court because Plaintiff is bound by an arbitration agreement Which provides that Plaintiff must submit his claims against Defendant to final and binding arbitration. AFFIRMATIVE DEFENSE F r S C 2. The Complaint and causes of action alleged therein fail to state sufficient facts to constitute a claim upon which relief may be granted against Defendant. AFFIRMATIVE DEFENSE S L 3. The Complaint and causes 0f action alleged therein are barred, in Whole or in part, by the applicable statutes of limitations, including but not limited to Code of Civil Procedure sections 335.1, 337, 338, 339, 340, and 343 California Labor Code section 203 Business and -2- DEFENDANT S ANS ER TO PLAINTIFF S COMPLAINT EXHIBIT B, PAGE 24 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORNEYS AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 .p \OOONONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 6 of 11 Professions Code section 17208 and any other applicable statutes 0f limitation and 0r the doctrine 0f laches. AFFIRMATIVE DEFENSE L Pr C 4. The Complaint and causes of action alleged therein, are barred, in Whole or in part, because Plaintiff engaged in conduct that pro imately caused or contributed to any and all injuries Plaintiff allegedly suffered. AFFIRMATIVE DEFENSE D N R A r O D d 5. Plaintiff s prayer for damages regarding each cause of action contained in the Complaint is barred because such damages, if any, were not the result of acts, representations, or omissions of Defendant. AFFIRMATIVE DEFENSE A d C 6. Plaintiff s prayer for damages regarding each cause of action stated in the Complaint is barred by the doctrine of avoidable conse uences, as set forth in State Department of Health Services v. Superior Court (McGinnis), 31 Cal. 4th 1026, 6 Cal. Rptr. 3d 441 (2003). AFFIRMATIVE DEFENSE A r A r d E d D r 7. Plaintiff s re uest for damages is barred, in Whole or in part, by the afier-ac uired evidence doctrine. -3- DEFENDANT S ANS ER TO PLAINTIFF s COMPLAINT EXHIBIT B, PAGE 25 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORNEYS AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 A \OOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 7 of 11 AFFIRMATIVE DEFENSE C P 8. The Complaint and causes of action alleged therein are barred, in whole or in part, because any damages or injuries that Plaintiff allegedly suffered were caused by Plaintiff s own conduct and actions, and not because 0f any unlawful conduct 0r actions by Defendant. AFFIRMATIVE DEFENSE P D U 9. Plaintiff is not entitled to recover punitive 0r e emplary damages because Plaintiff has failed to allege legal claims or facts sufficient to state a claim for punitive or e emplary damages, or t0 show that Defendant engaged in oppressive, fraudulent, 0r malicious conduct. AFFIRMATIVE DEFENSE P D N R r A C r r D d 10. Plaintiff is not entitled to recover punitive 0r e emplary damages for the alleged acts referred to in the Complaint on the grounds that the acts alleged in the Complaint, if committed by anyone, were not committed by an officer, director, or managing agent of Defendant, nor were they authorized or ratified by an officer, director, 0r managing agent, nor did Defendant have advance knowledge of the unfitness, if any, of the employees who allegedly committed the acts, nor did Defendant employ such employees With a conscious disregard of the rights or safety of others. AFFIRMATIVE DEFENSE F r M 11. Plaintiff s re uest for damages is barred, in Whole 0r in part, by Plaintiff s failure to mitigate his damages as re uired by law. -4- DEFENDANT S ANS ER TO PLAINTIFF S COMPLAINT EXHIBIT B, PAGE 26 PAYNE & FEARS LLP ATTORNEYS AT LAW 4 PARK PLAZA, SUITE 1100 IRVINE, CALIFORNIA 92614 (949) 351-1100 A OOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 8 of 11 AFFIRMATIVE DEFENSE U H d 12. The Complaint and causes of action alleged therein are barred, in Whole or in part, by the doctrine 0f unclean hands because of Plaintiff s own conduct and actions. AFFIRMATIVE DEFENSE E 13. The Complaint and causes of action alleged therein are barred, in whole or in part, because Plaintiff is estopped from asserting each of the claims alleged therein. AFFIRMATIVE DEFENSE r 14. The Complaint and causes of action alleged therein are barred, are barred, in whole or in part, because Plaintiff has waived his right, by reason of his conduct and actions, to assert each 0f the claims alleged herein. AFFIRMATIVE DEFENSE Pr r C 15. Plaintiff s first and third causes of action are barred, in whole 0r in part, because Plaintiff, at all relevant times, was compensated properly pursuant to the re uirements of the California Labor Code and the Industrial elfare Commission (I C) age Orders. AFFIRMATIVE DEFENSE N K d U d r 16. The Complaint and causes of action alleged therein are barred, in Whole or in part, because Defendant had no knowledge of, nor should it have had knowledge of, any alleged uncompensated work by Plaintiff, and did not authorize, re uire, re uest, suffer, or permit such activity by Plaintiff. -5- DEFENDANT S ANS ER TO PLAINTIFF S COMPLAINT EXHIBIT B, PAGE 27 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORNEYS AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 A \OOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 9 of 11 AFFIRMATIVE DEFENSE D d D d N A 17. The Complaint and causes of action alleged therein are barred, in whole or in part, because Defendant did not willfully, intentionally, arbitrarily, or without just cause deprive Plaintiff of any wages, meal periods, 0r rest periods to which he was entitled under California law. AFFIRMATIVE DEFENSE M P r d d R r Pr d d 18. Plaintiff s second cause of action is barred, in whole or in part, because Defendant provided all applicable meal periods and rest periods pursuant to California law. AFFIRMATIVE DEFENSE N S d U d r Pr C d § 1 2 19. Plaintiff s fourth cause 0f action is barred in Whole or in part on the ground that his claim under Business and Professions Code section 17200 fails because he was not subject t0 any unlawful or unfair business practices and has no standing t0 bring this claim. Add A r D 20. Because Plaintiff s causes of action are stated in vague and conclusory terms, Defendant cannot fully anticipate each affirmative defense that may be applicable to this action. Accordingly, Defendant asserts its right to plead additional affirmative defenses, if and to the e tent that such affirmative defenses are available. -6- DEFENDANT S ANS ER TO PLAINTIFF S COMPLAINT EXHIBIT B, PAGE 28 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORNEYS AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 A \OOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 10 of 11 HEREFORE, Defendant prays for judgment as follows: That judgment is entered in favor 0f Defendant and against Plaintiff That the Complaint herein be dismissed in its entirety with prejudice That Defendant is awarded its costs of suit herein That Defendant is awarded reasonable attorneys fees as determined by the Court as allowed by law and 5. DATED: January 4, 2020 4834-7133-4357.1 For such other and further relief as the Court deems just and proper. PAYNE & FEARS LLP By: LEILANI EKJQNES ) Attorneys for Defendant CVS HEALTH CORPORATION (erroneously sued as CVS HEALTH) -7- DEFENDANT S ANS ER TO PLAINTIFF S COMPLAINT EXHIBIT B, PAGE 29 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORNEYS AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 A \OOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-2 Filed 01/04/21 Page 11 of 11 PROOF OF SERVICE L Fr d CVSH , S C r S r rC r C N.2CV3112 STATE OF CALIFORNIA, COUNT OF ORAN E At the time of service, Iwas over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business address is 4 Park Plaza, Suite 1100, Irvine, CA 92614. On January 4, 2021, I served true copies 0f the following document(s) described as DEFENDANT CVS HEALTH CORPORATION S ANS ER TO PLAINTIFF S COMPLAINT on the interested parties in this action as follows: Hoa T. Cooc, Es . Attorneys for PlaintiffLUCIANO abriella Parker, Es . FERNANDEZ LA OFFICES OF HOA T. COOC 212 9th Street, Suite 212 Oakland, CA 94607 Telephone: (510) 268-8063 Facsimile: (5 1 0) 27 1 -8221 Email: h.cooc@cooclaw.com 2Darker@cooclaw.com E MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address jjackson@paynefears.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. I declare under penalty 0f peljury under the laws 0f the State of California that the foregoing is true and correct. E ecuted on January 4, 2021, at Irvine, California. Jane son DEFENDANT CVS HEALTH CORPORATION S ANS ER TO PLAINTIFF S COWLAINT EXHIBIT B, PAGE 30 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 3:21-cv-00012 Document 1-3 Filed 01/04/21 Page 1 of 1 PROOF OF SERVICE L F r d CVSH , . U.S.D r C r,N r r D r C r C N . 3:21-CV-12 STATE OF CALIFORNIA, COUNT OF ORAN E At the time 0f service, I was over 18 years 0f age and not a party t0 this action. I am employed in the County 0f Orange, State of California. My business address is 4 Park Plaza, Suite 1100, Irvine, CA 92614. On January 4, 2021, I served true copies 0f the following document(s) described as PETITION AND NOTICE OF REMOVAL OF CIVIL ACTION UNDER 28 U.S.C. §§ 1332 AND 1441 on the interested parties in this action as follows: Hoa T. Cooc, Es . Attorneys for PlaintiffLUCIANO abriella Parker, Es . FERNANDEZ LA OFFICES OF HOA T. COOC 212 9th Street, Suite 212 Oakland, CA 94607 Telephone: (510) 268-8063 Facsimile: (5 10) 271-8221 Email: h.cooc@cooclaw.com 20arker@cooclaw.com E MAIL OR ELECTRONIC TRANSMISSION: I caused a copy 0f the document(s) t0 be sent from e-mail address jjackson@paynefears.com t0 the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. I declare under penalty 0f peljury under the laws 0f the United States 0fAmerica that the foregoing is true and correct and that I am employed in the office 0f a member 0f the bar 0f this Court at whose direction the service was made. E ecuted 0n January 4, 2021, at Irvine, California. From: ECF-CAND@cand.uscourts.gov Sent: Monday, January 4, 2021 11:07 AM To: efi|ing@cand.uscourts.gov Subject: Activity in Case 3:21-cv-00012 Fernandez v. CVS Health Notice of Removal This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court California Northern District Notice of Electronic Filing The following transaction was entered by Haeffele, Andrew on 1/4/2021 at 11:06 AM PST and filed on 1/4/2021 Case Name: Fernandez v. CVS Health Case Number: :21- v- 12 Filer: CVS Health Document Number:; Docket Text: NOTICE 0F REMOVAL from Santa Clara Superior Court. Their case number is 20CV371612. (Filing fee $402 receipt number 0971-1 5393390). Filed byCVS Health. (Attachments: # (1) Exhibit A - Complaint, # (2) Exhibit B - State Court Answer, # (3) Declaration Proof of Service, # (4) Civil Cover Sheet)(Haeffe|e, Andrew) (Filed on 1/4/2021) 3:21-cv-00012 Notice has been electronically mailed to: Andrew Keith Haeffele akh@gayn§fgar§.ggm, |r.CgurtNg:igg§@gayngfgargggm, tshaw@paynefears.com 3:21-cv-00012 Please see ngaLBglgiE; Notice has NOT been electronically mailed to: Luciano Fernandez The following document(s) are associated with this transaction: Document descriptionzMain Document Original filename:C:\fakepath\Notice and Petition for Removal.pdf Electronic document Stamp: [STAMP CANDStamp_|D=977336130 [Date=1/4/2021] [FileNumber=l7657791-O] [2c5ca4cfc2c3e0174508b3b36e242cd3951290e070225ba7b5ac4e4c5a732f83ff55f d89f7d9fecfc8bfe9075afcf3f32d94df3153d7aaf656ff80ac85la881c]] Document descriptioanxhibit A - Complaint Original filename:C:\fakepath\Exhibit A - Complaintpdf Electronic document Stamp: [STAMP CANDStamp_ID=977336130 [Date=1/4/2021] [FileNumber=l7657791-1] [2a438b8741d2705226027fb97cb49aad84e7742017e09f95159b69589f499a2261d5c 6e7117836e44b2d0b3081c27194ed6ac935c4770999801650b462bec898]] Document descriptioanxhibit B - State Court Answer Original filename:C:\fakepath\Exhibit B - Answer to Complaint.pdf Electronic document Stamp: [STAMP CANDStamp_ID=977336130 [Date=1/4/2021] [FileNumber=l7657791-2] [lOSSana1979dccea3a2dff32f33b7c7f42b6098d8dbe390175d0c093832046036c8f f76568cbdaf3556322bc26dlec99f4b819b9d296f4a8db42b9f4512abc8]] Document descriptionzDeclaration Proof of Service Original filename:C:\fakepath\POS re Notice and Petition.pdf Electronic document Stamp: [STAMP CANDStamp_ID=977336130 [Date=1/4/2021] [FileNumber=l765779l-3] [512le27161e8c062365a01302567d00b725284c15809d780b6e0b8cldfdfee450c129 4dc755a1f6l8bdd0141bbb6334c5ce3bba9af997ac074c4c75a4ec4e13a]] Document description:Civi| Cover Sheet Original filename:C:\fakepath\2021-01-04 Removal - Civil Cover Sheetpdf Electronic document Stamp: [STAMP CANDStamp_ID=977336l3O [Date=1/4/2021] [FileNumber=l765779l-4] [1793a78cd4896aed83ae39099af5a3lOf3bf294986e5b3dc5b78635205910d6c87caf fb6d9250278aa929e6324edacbf79e9be5412138661eb0928aec5214c2e]] 4 PARK PLAZA, SUITE 1100 PAYNE & FEARS LLP ATTORN EYs AT LAW IRVINE, CALIFORNIA 92614 (949) 851-1100 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Luciano Fernandez v CVS Health, et al. Santa Clara Superior Court Case N0. 20CV371612 STATE OF CALIFORNIA, COUNTY OF ORANGE At the time 0f service, I was over 18 years of age and not a party to this action. I am employed in the County 0f Orange, State 0f California. My business address is 4 Park Plaza, Suite 1100, Irvine, CA 92614. On January 5, 2021, I served true copies of the following document(s) described as NOTICE TO CLERK OF THE SUPERIOR COURT, COUNTY OF SANTA CLARA, OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0n the interested parties in this action as follows: Hoa T. Cooc, Esq. Attorneys for PlaintiffLUCIANO Gabriella Parker, Esq. FERNANDEZ LAW OFFICES OF HOA T. COOC 212 9th Street, Suite 212 Oakland, CA 94607 Telephone: (510) 268-8063 Facsimile: (5 10) 27 1 -8221 Email: h.cooc@cooclaw.com; 20arker@cooclaw.com BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy 0f the document(s) t0 be sent from e-mail address jjackson@paynefears.com t0 the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty 0f peljury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n January 5, 2021, at Irvine, California. NOTICE TO CLERK OF THE SUPERIOR COURT, COUNTY OF SANTA CLARA, OF REMOVAL OF CIVIL ACTION TO UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF CALIFORNIA