Statement Case Management ConferenceCal. Super. - 6th Dist.November 23, 2020200V373939 Santa Clara - Civil QMmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Patrick w Doyle, California BAR #31 7791 F°R COURT ”SE 0”” 522 Utah Street Electronically FIled San Francisco, CA 94110 by Superior Court of CA i County of Santa Clara, TELEPHONE No.: 415926 9885 FAX No. (Optional): 0n 3/25/2021 4:23 PM E-MAIL ADDRESS (Optional): |aw@patrickwdoyle.com Reviewed By: System System ATTORNEY FOR (Name): CRISTINA GONZALEZ case #Zocv373939 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA _ STREET ADDRESS: 191 N First Street Envelope' 61 1 3991 MAILING ADDRESS: 191 N First Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: CRISTINA GONZALEZ et aI DEFENDANT/RESPONDENT: LUONG PHAM et al CASE MANAGEMENT STATEMENT CASE NUMBER: _ 20 CV 373939 (Check one). E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 1, 2021 Time: 2:30 PM Dept.: 1 Div.: Complex Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Patrick W Doyle INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Patrick W Doyle b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): November23. 2020 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by Which they may be served): Chevron Corporation, ExtraMiIe Convenience Stores LLC 4. Description of case a. Type of case in E complaint E cross-complaint (Describe, including causes ofaction): PAGA based on violations of Labor Code including §§1174, 1194, 226, 558 and 1185. Unfair competition. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cralllieliuéégzcggfijg Judicial Council of California CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Cristina Gonzalez Et A1 CASE NUMBER: DEFENDANT/RESPONDENT: Luong Pham Et A1 20 CV 373939 4. b. Provide a brief statement of the case, including any damages. (prersonal injwy damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Violations of daily and weekly overtime are evident in payroll records given to aggrieved workers so worker’s employer and parties who employ workers are liable for appropriate compensation and civil penalites. Facts also evidence violations of rest and meal periods and misclassification of plaintiff as exempt from the payment of overtime. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties requestE a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. E No trial date has been set. This case will be ready for trial within 12 months of the date ofthe filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Plaintiff’s counsel has no dates they are not available for trial 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 10 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel E has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1 )E This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2)E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3)E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CRC rule 3.811 (b) 8. The case involves multiple causes of action and exceeds $50,000 in controversy CM-110 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Pagez°f5 CM-110 PLAINTIFF/PETITIONER: Cristina Gonzalez Et A1 CASE NUMBER: DEFENDANT/RESPONDENT: Luong Pham Et A1 20 CV 373939 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties’ADR processes (check all that apply): stipulation): E Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation D E Settlement conference not yet scheduled (2) Settlement E E Settlement conference scheduled for(date):conference E Agreed to complete settlement conference by(date):E Settlement conference completed on (date): E Neutral evaluation not yet scheduled 3 E Neutral evaluation scheduled for (date): Neutral evaluation I I( ) E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbindingjudicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): E CM-110 [Rev. July 1, 201 1] Page 3 of 5CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Cristina Gonzalez Et A1 CASE NUMBER: DEFENDANT/RESPONDENT: Luong Pham Et A1 20 CV 373939 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: E Yes E No c. E Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a. E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff will volunitarily amend the complaint due to the enactment of AB3075 and publication of recent California Supreme Court and Court of Appeal decisions. 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): U Q) l-FCDParty Description c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Records of aggrieved employees other than plaintiff are purportedly in possesion of the LWDA. EPOS data is retained by CHEVRON. Confirmation of Financial Responsiblity for underground storage tank operations at defendant’s gas station are public records obtainable from the Water Resources Control Board. Defendant may deny the authenticity of exhibits. Defendant may identify documents requiring authenticatiion. CM-110 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 4 0f 5 7 7 CHM 10 PLAINTIFFIPETITIONER: Cristina Gonzalez Et Al CASE NUMBER: DEFENDANTFRESPONDENT; Luong Pharn Et AI 2U CV 373939 1?. Economic litigation a. D This is a limited civil case (Le., the amount demanded is $25,000 or less) and the economic litigatinn proaedures in Code of Civil Procedure sections 90-98 will apply to this case. b. E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or fur additiona! discovery will be filed (ff checked, expiafn specifiaafly why economic litigation procedures relating to discovery or tn'af shouid not apply to this case): 18. Other issuesE The party 0r parties request that the following additional matters be considered or determined at the case management conference (specify): Defendant represents to plaintiff he will seek a motion to quash service of the corporation based on the defendants own failure to sign and return a notice of acknowledgement to plaintiff. 19. Meet and confer a. D The party or parties have met and conferred with all parties on all subjects required by rude 3.?24 of the Caiifornia Rules of Court {if not, expfain): Defendant's counsel filed a Notice ofAppearance March 24. 2021 nine days after the deadline to meet and confer in person. Defendant emailed a request t0 meet and confer and a proposed joint case management statement March 24; the defendant's proposed case managemaln statement is attached as an addenda. h. D After meeting and conferring as required by rule 3.724 of the California Rules of Court. the panies agree on the fallowing (Speciffli 20. Total number of pages attached (if any): E I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as ether issues raised by this statement, and will possass the authority to enter into stipulations on these issues at the time of the case management conference. including the written authority of the parry where required. Date: Mdlfch 215-) 1'02 Patrick w Dome I éfi Wflafl/g {TYPE 0R PRINT NAME} F (SIGNATURE 0F PARTY 0R AfiORNEu/ {TYPE 0R PRINT NAME) [SIGNATURE 0F PARTY DR ATTORNEY}m Additional signatures are attached. cui-nu [Rem July 1. 20111 CASE MANAGEMENT STATEMENT Payinfs I-Esimmml l_.8ave misfo-m I .5 QQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PATRICK WILLIAM DOYLE, SBN 3 1 7791 522 Utah Street San Francisco, California 941 10 Phone: 415 926 9885 Email: 1aw@patrickwdovle.com Attorney for Plaintiff CRISTINA GONZALEZ DANIEL A. MENENDEZ, SBN 260822 LAW OFFICE OF DANIEL A. MENENDEZ 1261 Lincoln Avenue, Suite 208 San Jose, CA 95125 Tel. (408) 479-4969 Fax (408) 273-6912 daniel@siliconvallevlegalcom Attorneys for Defendants LUONG PHAM QUYNH NGUYEN GILROY GAS & MINI-MART, INC. SUPERIOR COURT IN THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA > (UNLIMITED JURISDICTION) CHRISTINA GONZALEZ, an individual Plaintiff, VS. LUONG PHAM, an individual; QUYNH NGUYEN, an individual; GILROY GAS & MINI-MART, INC, a California corporation V Defendants. Case N0. 20CV373939 JOINT CASE MANAGEMENT CONFERENCE STATEMENT Date: April 1, 2021 Time: 2:30 p.m. Judge: Hon. Sunil R. Kulkarni Dept.: 01 -1- JOINT CASE MANAGEMENT CONFERENCE STATEMENT .5 KOOOQGUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff CHRISTINA GONZALEZ (“Plaintiff”) and Defendants LUONG PHAM, QUYNH NGUYEN, and GILROY GAS & MINI-MART, INC. (erroneously sued as “GILROY GAS & MINIMART INCORPORATED) (“Defendants”), by and through their respective counsel, hereby submit the following Joint Case Management Statement in advance of the Case Management Conference (“CMC”) currently set for April 1, 2021. 1. STATEMENT AS TO WHETHER ADDITIONAL PARTIES ARE LIKELY TO BE ADDED AND A PROPOSED DATE BY WHICH ALL PARTIES MUST BE SERVED f Defendants contend corporate defendant Gilroy Gas & Mini-Mart, Inc. has not beens’eflrved The Parties are currently unaware 0f any additional parties likely t0 be added. as there is no signed notice and acknowledgement of service executed 0n its behalf in existence. Counsel for Plaintiff and Defendants have met and conferred about this issue but disagree as t0 whether a party must actually execute a Notice and Acknowledgement 0f Service (Form POS-OIS) for effective service under Code 0f Civil Procedure Section 415.30. Defendants further contend jurisdiction does not exist due t0 deficiencies in the summons served 0n defendants Pham and Nguyen not containing the names of all parties to Plaintiff s lawsuit. 2. SERVICE LISTS IDENTIFYING ALL PRIMARY AND SECONDARY COUNSEL, FIRM NAMES. ADDRESSES, TELEPHONE NUMBERS, EMAIL ADDRESSES AND FAX NUMBERS FOR ALL COUNSEL Counsel for Plaintiffs , Counsel for Defendants Patrick William Doyle (ISBN 31 7:791) Daniel A. Menendez (SBN 260822) 522 Utah Street Law Office of Daniel A Menendez San Francisco, California 941 10 1261 Lincoln Ave., Suite 208 Phone: 415 926 9885 San Jose, California 95125 Email: law@patrickwdovle.com Tel. (408) 273-6912 ~ _ , Fax (408) 273-6912 daniel@siliconvalleylegal.com 3. A DESCRIPTION OF ALL DISCOVERY COMPLETED TO DATE AND ANY OUTSTANDING DISCOVERY AS OF THE DATE OF THE CONFERENCE Discovery is currently stayed. Neither party has conducted any discovery to date. 4. APPLICABILITY/ENFORCEABILITY OF ARBITRATION CLAUSES, IF ANY; -2- JOINT CASE MANAGEMENT CONFERENCE STATEMENT .5 KOOOQGUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 These claims are not subject to any arbitration agreement. 5. A LIST OF ALL RELATED LITIGATION PENDING IN OTHER COURTS, INCLUDING FEDERAL COURT, AND A BRIEF DESCRIPTION OF ANY SUCH LITIGATION, AND A STATEMENT AS TO WHETHER ANY ADDITIONAL RELATED LITIGATION IS ANTICIPATED (CRC 3.300) The Parties d0 not currently know 0f or anticipate any related litigation. 6. A DESCRIPTION 0F FACTUAL AND LEGAL ISSUES- THE PARTIES SHOULD ADDRESS ANY SPECIFIC CONTRACT PROVISIONS THE INTERPRETATION 0F WHICH MAY ASSIST IN RESOLUTION 0F \ SIGNIFICANT ISSUES IN THE CASE f This is a representative action, brought on behalf of Plaintiff Cristina Gonzalez V'Sé’éking penalties and restitution under the Private Attorneys General Act 0f 2004 (“PAGA”) and Unfair Competition Law (“UCL”) for unpaid wages including regular wages, overtime wages, double- time wages, compensation for missed meal and rest periods, penalties for inaccurate wage statements, interest thereon, related penalties, injunctive and other equitable relief, and reasonable attorneys’ fees and litigation costs pursuant to, inter alia., Title 8 of the California Code 0f Regulations, California Business and Professions Code Section 17200, et seq. and various provisions of the California Labor Code. Plaintiff seeks t0 collect civil penalties against Defendants under the Private Attorneys General Act, Labor Code Section 2698, et seq. Plaintiff’s Complaint alleges the following causes of action: @PRESENTATIVE PAGA ALLEGATIONS 1. Unlawful Failure to Keep and Provide Pay Records 2. L Unlawful Failure to Pay Overtime 3. Unlawful Failure t0 Provide Meal Periods 4. Unlawful Failure t0 Provide Rest Periods 5. Waiting Time Penalties (Labor Code §§ 201, 202, 203); 6. Violation 0fIWC Wage Order Number 7 UNFAIR COMPETITION Defendants dispute all of Plaintiffs’ allegations. Defendants further contend a number 0f -3- JOINT CASE MANAGEMENT CONFERENCE STATEMENT .5 KOOOQGUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the allegations and remedies sought are improper and subject t0 demurrer or summary adjudication. The list is exhaustive. Defendants Will promptly brief the Court upon request during the April 1, 2021 conference or in writing upon request. 7. THE PARTIES’ TENATIVE VIEWS ON AN ADR MECHANISM AND HOW SUCH MECHANISM MIGHT BE INTERGRATED INTO THE COURSE OF LITIGATION Defendants are amenable t0 private mediation. At this time the Parties have not agreed t0 mediation. 8. WHETHER DISCOVERY SHOULD BE CONDUCTED IN PHASES OR LIMITED; AND IF SO, THE ORDER OF PHASING OR TYPES OF LIMITATIONS OF DISCOVERY. IF THIS IS A CLASS ACTION LAWSUIT, THE PARTIES SHOULD ADDRESS THE ISSUE OF LIMITED MERITS DISCOVERY IN ADVANCE OF CLASS CERTIFICATION MOTIONS. Defendants request discovery remain stayed pending resolution of issues surrounding service of the corporate defendant. In the event the Court removes the discovery stay, Defendants request the Court limit discovery t0 Plamtlff’ s standing to bring the alleged Violations and t0 allow for Plaintiff’s deposition ‘ x I Resp/ectfi/llly submitted, Dated: 4 26, 2021 f Patrick William Doyle Attorneys for Plaintiff Dated: March 26, 2021 Daniel A. Menendez Attorneys for Defendants -4- JOINT CASE MANAGEMENT CONFERENCE STATEMENT