Declaration of Stephen P Odell Iso Plaintiffs Motion To Compel Further Responses And Production of ItemsMotionCal. Super. - 2nd Dist.February 22, 2018Electronically FILED p| W N Oo 0 J O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i Superior Court of California, County of Los Angeles on 03/08/2019 12:58 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk STEPHEN P. O’DELL (State Bar No. 132279) MARLIN & SALTZMAN, LLP 29800 Agoura Road, Suite 210 Agoura Hills, California 91301 Telephone: (818) 991-8080 Facsimile: (818) 991-8081 PETER M. HART (State Bar No. 198691) ASHLIE E. FOX (State Bar No. 294407) LAW OFFICES OF PETER M. HART 12121 Wilshire Blvd., Suite 725 Los Angeles, California 90025 Telephone: (310) 207-2277 Facsimile: (509) 561-6441 Attorneys for Plaintiff SCOTT TARTER SCOTT TARTER, for himself and for all other current and former aggrieved California employees, Plaintiff, Vv. SOUTH EAST PERSONNEL LEASING, INC., and DOES 1 THROUGH 100, inclusive; Defendants. STANLEY D. SALTZMAN (State Bar No. 90058) SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES (CENTRAL DIVISION) CASE NO.: BC694862 Hon. Stuart M. Rice DECLARATION OF STEPHEN P. O°’DELL IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS DATE: June 12,2019 TIME: 8:30 a.m. DEPT: 49 RESERVATION ID: 566170384500 Complaint filed: February 22, 2018 Trial Date: None set 1 DECLARATION OF STEPHEN P. O’DELL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS W N Oo 0 J O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF STEPHEN P. O’DELL I, Stephen P. O’Dell, hereby declare: 1. I am over the age of eighteen and am an attorney at law duly admitted to practice before all courts in the State of California. I am an Attorney at Marlin & Saltzman, LLP, co-counsel of record for Plaintiff Scott Tarter (“Plaintiff”). I have personal knowledge of the matters set forth herein, and if called upon as a witness to testify thereto, I could and would competently do so. 2. This Declaration is filed in support of Plaintiff’s Motion to Compel Further Responses and Production of Items. 3. Plaintiff filed the Complaint in the instant matter on February 22, 2018 alleging: (1) iolation of PAGA, Labor Code §§ 2698, et seq.; (2) Failure to Provide Meal Periods; (3) Failure to Authorize & Permit Rest Breaks; and (4) Failure to Pay Minimum Wages, Labor Code § 1194. 4. On August 7, 2018, Plaintiff filed a Request for Dismissal without prejudice of the second, third, and fourth causes of action only. 5. On or about August 29, 2018, Gordon & Rees, LLP officially substituted into the action as Counsel for Defendant. I was served with a Substitution of Attorney form. 6. On October 9, 2018, Plaintiff served Request for Production of Documents, Set On, by mail to Defendant’s counsel, as named on the Substitution of Attorney form, Robert M. Mansukhani and Eric R. Deitz. 7. On October 10, 2018, Plaintiff’s co-counsel, the Law Offices of Peter M. Hart, also e-mailed a courtesy copy of the same discovery requests to defense counsel, Eric R. Deitz (“Mr. Deitz”), and his secretary. I was copied on this email. A true and correct copy of the October 10, 2019 email is attached hereto as Exhibit A. 8. Defendant’s responses to the discovery requests were due on November 13, 2018, based on service by regular mail. Plaintiff did not receive responses to the discovery requests, nor did Defendant request an extension to respond. Despite the passage of significant additional time to respond to the discovery, beyond the statutory time, Defendant failed to provide responses of any kind to the discovery that was served. 9. On January 3, 2019, I emailed Mr. Deitz to advise that discovery responses were 2 DECLARATION OF STEPHEN P. O’DELL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS W N Oo 0 J O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 outstanding and that, pursuant to statute, Defendant’s objections were now waived. I also requested verified responses without objections be provided within five (5) business days. On January 4, 2019, Mr. Deitz responded by email to advise that Defendant would promptly respond and would work to provide the responses within the requested five (5) days. On January 7, 2019, I again emailed defense counsel, stating that Plaintiff looked forward to receipt of the verified answers without objections and requested notification by January 10, 2019 if Defendant would need more time. On January 10, 2019, Mr. Deitz responded to advise that they were still preparing the responses and anticipated service by January 18, 2019. On January 10, 2019, I responded to defense counsel’s email, confirming, again, that Defendant was to provide verified responses without objections, by January 18, 2019. True and correct copies of these January 3 - 10, 2019, email communications are attached hereto as Exhibit B. 10. On January 17, 2019, Defendant served its responses to Plaintiff’s Request for Production of Documents, Set One. Contrary to the parties’ agreement, Defendant’s responses contained numerous (and, in our view, spurious) objections. Upon receipt and review of the responses, | arranged a telephonic meet and confer conference to discuss Defendant’s responses, for January 24, 2019. 11. On January 24, 2019, Plaintiff’s counsel, including myself and Mr. Hart, met telephonically with Mr. Dietz. Defense counsel refused to budge on the objections in the response, despite the waiver of objections and breach of our agreement, and despite being referred to applicable case law authority that would overrule Defendant’s objections. After the conference, I emailed Defendant’s counsel confirming the phone conversation, including, inter alia, the fact that Defendant would not withdraw its objections, would not provide further responses, would not produce items it withheld from production based on its objections, nor provide items responsive to categories where Defendant had made a statement of compliance. A true and correct copy of the January 24, 2019 email is attached hereto as Exhibit C. 12. Plaintiff has a good faith belief that Defendant maintains documents (including electronically stored information [“ESI”]) on all of its California truck driver employees because Defendant provided such documents to Plaintiff as part of his employment with Defendant. As an example, a true and correct copy of Mr. Tarter’s co-employment application and agreement with South 3 DECLARATION OF STEPHEN P. O’DELL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS W N Oo 0 J O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 East Personnel Leasing, Inc. and KVS, Inc. is attached as Exhibit D. 13. As of the date of the making of this declaration, Defendant has not produced any documents or electronically stored information responsive to the requests at issue, including those categories where Defendant made a statement of compliance. I declare under penalty of perjury under the laws of the State of California and the United States that the above is true and correct to the best of my knowledge and that this Declaration was executed this 8th day of March, 2019, at Agoura Hills, California. ® Stephen P. = 4 DECLARATION OF STEPHEN P. O’DELL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS EXHIBIT A to Declaration of Stephen P. O’Dell Sandy Laranjo From: Ashlie Fox Sent: Wednesday, October 10, 2018 4:19 PM To: edeitz@grsm.com; mbrookman@grsm.com Cc: Peter M. Hart; Stan Saltzman; Stephen O'Dell; Brad Fagnani Subject: Scott Tarter v. South East Personnel Leasing, Inc. Attachments: 2018-10-09 Ntc.Depo.SEPL.PMK.pdf; 2018-10-09 SRogs.Set.1.to.SEPL.pdf; 2018-10-09 RFP.Set.1.to.SEPL. pdf Mr. Deitz, Attached please find courtesy copies of discovery requests that were served on your office by regular mail yesterday. Thank you and have a good evening. Regards, Ashlie Ashlie E. Fox, Esq. Law Offices of Peter M. Hart 12121 Wilshire Blvd., Suite 725 Los Angeles, CA90025 T: (310) 207-2277 F: (509) 561-6441 EXHIBIT B to Declaration of Stephen P. O’Dell Sandy Laranjo From: Eric Deitz Sent: Thursday, January 10, 2019 4:45 PM To: Stephen O'Dell; Amanda Mayo Cc: Stan Saltzman; ‘Peter M. Hart’; ashlie.fox.loph@gmail.com; Brad Fagnani Subject: RE: Regarding: South East Leasing Class Action Stephen, Please allow me to update you further regarding SPLI’s responses. We are still preparing the same and anticipate serving them by Friday, January 18, 2019. Additional time is needed as the attorney who has assisted with this matter is leaving Gordon & Rees effective tomorrow. Amanda Mayo, who is copied here, will be working on this file with me going forward. We will also provide you with a written list of issues to address preparatory to a “meet and confer” conference call. Eric From: Stephen O'Dell Sent: Monday, January 7, 2019 11:07 AM To: Eric Deitz ; James Hester Cc: Stan Saltzman ; 'Peter M. Hart"; ashlie.fox.loph@gmail.com; Brad Fagnani Subject: RE: Regarding: South East Leasing Class Action Eric, Thank you for your below email. We will look forward to receiving verified answers (without objections) to the interrogatories and responses (with production and without objections) to the production requests. Please let us know, by Thursday, if you will need additional time on either of these items. With regard to the deposition, please provide us with several available dates that are prior to February 15, 2019, for purposes of rescheduling the deposition. Finally, your request to meet and confer is rather vague, but we're generally open to discussion. Please let us know when you're available to speak. A heads up on the issues you want to discuss will help both sides streamline the process. Thank you. Stephen From: Eric Deitz Sent: Friday, January 4, 2019 1:09 PM To: Stephen O'Dell ; James Hester Cc: Stan Saltzman ; ‘Peter M. Hart' ; ashlie.fox.loph@gmail.com; Brad Fagnani Subject: RE: Regarding: South East Leasing Class Action Stephen, SPLI will promptly respond to the pending written discovery, which was misdirected and not properly calendared. We will work to provide responses within five days of your message, but | cannot assure you of the same. Concerning the deposition, | have multiple hearings in Bakersfield scheduled on January 15%. Thus, the deposition will not proceed as noticed. We will serve a formal objection, but | wanted to make you aware of the conflict as soon as possible. We will need to “meet and confer” further concerning discovery. Thank you, Eric From: Stephen O'Dell Sent: Thursday, January 3, 2019 2:36 PM To: Eric Deitz ; James Hester Cc: Stan Saltzman ; ‘Peter M. Hart' ; ashlie.fox.loph@gmail.com; Brad Fagnani Subject: Regarding: South East Leasing Class Action Eric, Plaintiff served Special Interrogatories and Requests for Production on defendant, on October 9, 2018. No extensions to respond were requested and none were given. As of this writing, we have not received defendant’s responses to the referenced discovery. All objections to the discovery, therefore, have been waived, as provided by statute. (Code Civ. Proc., §§ 2030.290(a) and 2031.300.) Please provide verified answers, without objections, to the Special Interrogatories and verified responses and all responsive items request by the production requests, without objections, within five business days of the date of this email. Also on October 9, 2018, plaintiff noticed the deposition of defendant’s “person most qualified” (Code Civ. Proc., § 2025.230), for January 15, 2019. Since we have not heard to the contrary from you, we presume that defendant plans to attend the deposition at the time and place set forth in the notice, on that date, and produce the requested witness(es). If such is not the case, please immediately advise. Assuming that the deposition will go forward, as noticed, please advise if defendant will be producing more than one witness in response to the notice and, if more than one, the number of witnesses and to which categories each witness will testify. Thank you for your attention to the foregoing. Should you wish to discuss any of these items further, please do not hesitate to contact us. Stephen P. O'Dell Attorney at Law sodell@marlinsaltzman.com MARLIN & SALTZMAN 29800 Agoura Road, Suite 210 Agoura Hills, California 91301 (818) 991-8080 www.marlinsaltzman.com IMPORTANT/CONFIDENTIAL: This e-mail transmission is intended only for the use of the individual(s) to whom it is addressed. This transmission contains a communication and/or information from the law firm of MARLIN & SALTZMAN, LLp which may be privileged, confidential and exempt from disclosure. If this message is received by anyone other than an intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this e-mail in error, please respond to the sender by return e-mail, notifying us of the unintended receipt by you. We ask that you then permanently remove this e-mail from your computer system. Alabama * Arizona * California * Colorado * Connecticut * Florida * Georgia * Illinois * Kentucky * Louisiana * Maryland * Massachusetts * Missouri * Nebraska * Nevada * New Jersey * New York * North Carolina * Ohio * Oklahoma * Oregon * Pennsylvania * South Carolina * South Dakota * Texas * Utah * Virginia * Washington * Washington, DC * West Virginia * Wisconsin This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. GORDON REES SCULLY MANSUKHANI, LLP http://www.grsm.com EXHIBIT C to Declaration of Stephen P. O’Dell From: Stephen O'Dell Sent: Thursday, January 24, 2019 11:24 AM To: ‘Eric Deitz'; 'Peter M. Hart' Cc: Amanda Mayo; Stan Saltzman; Brad Fagnani Subject: RE: Conference Call in Tarter v. KVS, SPL, et al. Eric, This email will confirm our conversation from this morning’s conference call, which included Peter Hart. With respect to the objections set forth in defendant’s responses to plaintiff’s special interrogatories and requests for production, defendant advised that it will not withdraw, but rather will stand on, the objections it asserted and, thus, will not provide further responses. Inter alia, we discussed defendant’s position that it does not have to respond to discovery where defendant alleges it was not plaintiff's employer or where defendant alleges that the plaintiff lacks standing. Mr. Hart reminded us that Williams v. Superior Court (2017) 3 Cal.5™ 531, was a pure PAGA case and thus defendant’s lack of standing argument lacks merit. Furthermore, Williams held that there is no prerequisite to a PAGA plaintiff seeking discovery on the issues alleged in the complaint. (Id., at 546 [“PAGA’s standing provision similarly contains no evidence of a legislative intent to impose a heightened preliminary proof requirement. Suit may be brought by any “aggrieved employee” (Lab. Code, § 2699, subd. (a)); in turn, an “ ‘aggrieved employee’ ” is defined as “any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed” (id., subd. (c), italics added). If the Legislature intended to demand more than mere allegations as a condition to the filing of suit or preliminary discovery, it could have specified as much. That it did not implies no such heightened requirement was intended.”].) Based on this language, likewise, there is no requirement that a PAGA plaintiff prove standing before engaging in discovery, but more to the point, the Supreme Court acknowledged that PAGA gives standing to those who allege they were employed by the defendant and there is no requirement that the plaintiff combine his or her complaint with individual claims. Therefore, it seems clear that the parties are at an impasse and plaintiff will need to bring motions to compel further responses to the special interrogatories and requests for production. You indicated that would provide us with Word versions of defendant’s response for us to use in drafting the separate statements for the said motions. Please forward those to us at your earliest opportunity. Similarly, you indicated that defendant withheld documents from production, based on the objections it asserted. We specifically discussed the lack of production of the contract between KVS and your client, the South East Personnel Leasing, Inc. Co-Employment Application, and similar documents of which plaintiff is aware are in defendant’s possession, custody, and/or control, but not produced. Since defendant is withholding documents based on objections other than claim of privilege, plaintiff has no choice but to bring a motion to compel production. Likewise, you advised that defendant will not produce any witness(es) pursuant to the PMQ deposition notice previously served, also based on defendant’s position that its allegation that it is not the plaintiff’s employer and/or that plaintiff does not have standing in the lawsuit. Accordingly, plaintiff has no choice but to seek to compel the deposition(s). Finally, you have also indicated that defendant will not stipulate to reinstatement of plaintiff’s individual claims, previously dismissed without prejudice, thereby forcing plaintiff to bring a motion to reinstate them. If any of the foregoing is not in accordance with your recollection of our conference, please feel free to so advise. In the meantime, please forward the Word versions of defendant’s discovery responses. Thank you. Stephen EXHIBIT D to Declaration of Stephen P. O’Dell (1 SPLI Fax Numbers Payroll; {727} 682-6005 SouTEasT New Client Setup: (727) 682-6003 PERSONNEL LEASING, THE. SOUTH EAST PERSONNEL LEASING, INC. (*SPLI) CO-EMPLOYMENT APPLICATION KV S INC. (al {Formia “Client Company Name Location {if multiple client locationsfoffices exist) SECTION 1 -TO BE COMPLETED BY THE EMPLOYEE REDACTED 5 FL See rr L } *. Last Name “First Name mM! pai REDACTED REDACTED Applicant Address (Street Number ond Name) tApt/Loi/Unitietc) = Cty +r State vi Zip Code REDACTED 2-17 RERALTED Phone Number 7 Application Date ¥: Birth Date Email Address Federal Tax Filing Status and Allowances (refer to Form W-4 for instructions] Married but withhold Total number of Additional amount 5 Status: Od Single [Karried O at higher Single rate Hl Exempt allowances you { } you want withheld g Checkion® are claiming; each paycheck: State Tax Filing Status and Allowances {refer to Form DE 4 for instructions) Total number of Additional amount ; single or Married Married dof states: [0 a Head o Eran ) Check one {with two or more {one incorse} Household 0 P all pwanges you you want withheld incomes) are claiming: wach paychecks EEQ Data: We are subject to certain government recordkeeping and reporting requirements far the administration of civil eights laws and regulations. To comply with these laws, we invite you to voluntarily self-ldentify your race or ethnicity and gender, Submission of this information is voluntary and refusal to provide it will not subject you to any adverse treatment. The information obtained will be kept confidential and may only be used in accordance with the pravisians of zpplicable laws, | executive orders and regulations, including those that require the information to be summarized and reported to the federal government far civil rights enforcement. When reported, data will not identify any specific individual. ’ -- O ™M OJ F Ethnicity: OJ White, O Black/African | Hispanic/ [] asian 0 American Indian/ 0 Hawaiian/ 0 Two or Caucasian American Latlno Ajackan Native pacific islander More Races | understand and agrees to the following: 1 arn nos yet covered by the services provided to the co-emiployees of South East Personnel Leasing, Inc. {SPLI). As such, if | suffer an injury ar have suffered an injury related to work while working for the Client and before t am accepted as a co-employee by SPU, the Client will be responsibie for that injury. Payroll will not ba processed and workers’ compensation coverage will not ge provided until and unless ail pages of the SPU Employee Leasing Application are compieted and signed by the applicant, the complete SPLI Employee Leasing Application is deiivered to SPL and SPL accepts the applicant as & co-employee, Tha 5P°Lf Co- Employment Application includes al} of the following docurnenits: This page, the Applicant Agreement, Use of Persanal Protective Equipment Form, Acknowledgement of alcoho! and Drug Policy, Predesignation of Personal Physician Ferm, Form 1-9, Form W-4, and Form DE 4. The complete Form 1-8, Form W-4, and OF 4, including instructions, can be obtainad under Federal and State Forms at hte: Hpi. comics. php. REDACTED Jog=4 7 YARD icant Signatus as Trapt SECTION 2 -~TO BE COMPLETED BY THE CLIENT COMPANY S711 Dives” .:Original Hire Date with Client +% Job Description - es C (A =17-% | TT VaSS Po “fe (¢/ [Fn “T Work State Workers’ Comp Cade Home Department Employee ID + Pay Method O Hourly § vi Pay Cycle [7] Weekly Cheek tf salary - & ee . d Salary I 0 employe quabties lor A ei-weey LNT Com WEEE . i . 2 i on ait oe) 340 mmission/Piecework prertime exemption [] other uli Time Employee (> 30 hours avy. per week Employment ] Blogs: | gp Type O Part Time Employee (< 30 hours avg. per week) {1 variable Hour Employee (cannot determine whether the employee will avg. at least 30 hours per week) 0 seasonal Employee (< 6 consecutive menths worked during calendar year) {SPL} maans South East Personnel Leasing, Inc and its subsidiaries. California - Revisag 5/18/2015 Mlienyired Fields APPLICANT AGREEMENT {. the undersigned applicant, acknowledge by my signature thay I have heen informed that if accepted, I will be a co-employee of South East Personnel Leasing, Inc. (“SPL{") and bk \/ We . (Client). A co-employee is an employee with two employers: the worksite employer (Client) and a Professional Employer Organization (SPL). The co-eniployee relationship allows SPLI to provide certain benefits and services to Client and its employees. Employee agrees and acknowledges that SPLI has limited responsibilities as a co-employer and does not assume all of the employer responsibilities of Client. I further understand that if accepted, either SPLI or I can terminate our relationship at any time, as I will be an at-will co- employee of SPLI. No agreements contrary to this at-will arrangement are valid unless they are in writing and signed by the President of SPL]. No supervisor or representative of Client or SPL] have the authority to make implied or express agreements contrary 10 the foregoing. Termination of my co-employment relationship with SPLI may not necessarily terminate employment with Client. 1 also understand and agree that if accepted, while [ am a co-employee of SPLI, if SPLI does not receive payment {fom the Client for services which | perform as a co-employee, SPLI may, in its sofe discretion and to the extent permitted hy law. pay me the applicable minimum wage (or the legally required overtime pay, at the applicable minimum wage rate, in a workweek in which I have worked overtime) for any such pay period and 1 agree to this method of compensation. I understand and agree that SPLI has no obligation to pay me any other compensation or benefit unless SPLI has specifically, in a written agreement with me, adopted Client's obligation to me for such compensation or benefit. 1 understand that Client at all times remains obligated to pay me my regular hourly rate of pay if I am a non-exempt employee and to pay me my full salary if { aim an exempt employee even if SPLI is not paid by the Client. I also understand and agree that during any period in which I am paid by anyone other than SPL] for performing services, including by Client, I will be considered an employee of that person or company for all purposes, including but not limited to responsibility for workers’ compensation insurance and work related injuries, while providing services. SPLI shall not be responsible for work related injuries occurring while you are performing services in exchange for payments made through a person or entity other than SPLI. 1 also agree to comply with any drug testing policy, which SPLI may adopt, and I specifically agree to post accident drug testing to the full extent permitted by Jaw. SPLI is in agreement with the Federal Government that marijuana is a controlled substance and will not recognize medical marijuana as a legitimate prescription. A positive test result for marijuana will be treated the same as any other positive test result, even if an employee has a medical marijuana prescription. [ acknowledge that I am required to promptly report all incidents of discrimination, harassment, or retaliation, regardless al the offender's identity or position, to SPLI, including but not limited to harassment or discrimination based on race, sex, sexual orientation, pregnancy, age, religion, citizenship, color, veteran status, military status, unfavorable discharge from military service, prohibited retaliation, national arigin, ancestry, mental or physical handicap, disability, or marital status. 1 understand and agree that if | am accepted as a co-employee of SPL, 1 will be expressly prohibited from ever performing any work outside the State of California. 1f I work outside the State of California, [ understand that, I will not be a co-employee of SPL and will not be provided workers' compensation benefits through SPLI or SPLI's workers’ compensation carrier should an injury related (vo work occur. In the event the Client maintains policies providing paid leave benefits such as vacation, sick leave, holiday pay, PTO, or severance pay, Client is solely responsible for paying any accrued benefits under such policies during my employment and at the time of termination. SPLI does not provide, and has no policy to provide vacation or other paid leave benefits. To the extent Client provides other benefits pursuant to policies to which SPLI is not a party, including but not limited to stock grants or options, honuses, commissions, profit sharing or retirement benefits, Client is solely responsible for providing the benefits prescribed by those policies. | agree to abide by the policies of SPLI, including but not limited to policies contained in any applicable SPLI Handbook. 1 understand that eligibility and coverage for SPLI benefits is controlled by the terms and conditions of the applicable Plan Documents. 1 agree to follow all Client Company, South East Personnel Leasing, Governmental, and OSHA safety procedures. I agree to repon any work-related accident, or injury, to my supervisor with the Client Company as soon as it occurs, without exception. I agree to inform South East Personnel Leasing of any safety violations I encounter in the workplace. T understand that failure on my part, to follow the above procedures, could result in disciplinary action, not to exclude termination. I understand that my sole remedy for work related injuries is the remedy provided by SPLI"s workers’ compensation insurance coverage. California - Revised 9/18/15 (Page 1 of 2) USE OF PERSONAL PROTECTIVE EQUIPMENT 1, the undersigned, understand and agree that as a condition of acceptance as a co-employee by SPLI, | am required to wear/use the personal protective equipment supplied and/or required by the Client. | agree to inform my supervisor with the Client Company immediately upon the faiture of any of the equipment so the same can be promptly repaired or replaced. { will inform South East Personnel Leasing of any safety violations that I encounter. ACKNOWLEDGEMENT OF ALCOHOL AND DRUG POLICY | have read, or had read to me, a copy of this policy and I understand the consequences of violating the policy, including my obligations under the testing policy. If | did not understand the policy, I have asked for and have received an explanation. I specifically understand that my eligibility for benefits may be forfeited or reduced if I am injured on the job and either refuse to be tested or test positive for drugs or alcohol. All co-employees are prohibited from manufacturing, cultivating, distributing, dispensing, possessing or using illegal drugs or other unauthorized or mind-altering or intoxicating substances while on Client property (including parking areas and grounds), or while otherwise perfarming their work duties away from Client property. Included within this prohibition are lawful controlled substances, which have been illegally or improperly obtained. This policy does not prohibit the possession and proper use of lawfully prescribed drugs taken in accordance with the prescription. SPLI is in agreement with the Federal Government that marijuana is a controlled substance and will not recognize medical marijuana as a legitimate prescription. A positive test result for marijuana will be treated the same as any other positive test result, even if an employee has a medical marijuana prescription. Co-employees are also prohibited from having any such illegal or unauthorized controlled substances in their system while at work, _ and from having excessive amounts of otherwise lawful controlled substance in their systems, as determined to be over the legal limit by the MRO. All co-employees are prohibited from distributing, dispensing, possessing or using alcohol while at work or on duty. Furthermore, off- duty alcohol use, while generally not prohibited by this policy, must not interfere with a co-employee’s ability to perform the essential functions of his/her job. Co-employees may be required to submit to drug/alcohol screening whenever the there is a reasonable suspicion that they have violated any of the rules set forth in this policy. Reasonable suspicion may arise from, among other factors, supervisory observation, co-worker reports or complaints, performance decline, attendance or behavioral changes, results of drug searches or other detection methods. or involvement in a work related injury or accident. Additionally, co-employees in safety sensitive positions may be tested on a random or periodic basis. In addition, various job classifications are categorically subject to random or periodic drug testing to the extent permitted by applicable state and federal laws. 1 further consent to the results of any such drug or alcohol tests being released to the Client or SPLI’s authorized representative by the Medical Review Officer (MRO). I understand that | will receive a copy of this consent form if requested. I also understand that the Post-Accident/Reasonable Suspicion Policy and related documents are not intended to alter my at-will employment status. I acknowledge receipt of a copy of this policy. i dae RPE GL A iad ir. $3 cytate 3 ’ § ated AEE ro REDACTED : 3 } See? & Thufcr 3-2/7 California - Revised 9/18/15 (Page 2 of 2) BINDING ARBITRATION AGREEMENT I. Agreement to Arbitrate Disputes. | agree and acknowledge that SouthEast Persomne] Leasing, inc. and SouthEast Employee Leasing Serviges, Inc. {collectively “SPLI"}, my Temporary Staffing Employer, if 2ny, (my “Temporary Staffing Employer”), and 1: S | nae. (my “Worksite Employer™), and | will utilize binding arbitration to resolve all disputes that may arise out of the employment context. A. My Worksite Employer, My Temporary Staffing Employer, SPLI, and 1 agree that any claim, dispute, andor controversy that either | may have against my Worksite Employer, my Temporary Staffing Employer, or SPLI (or their respective owners, directors, officers, managers, employees, agents, subsidiaries, and parties affiliated with their employee benefit and health plans) or that my Worksite Employer, my Temporary Staffing Emplayer, or SPLI may have against me, arising from, related to, or having any refationship or connection whatsoever with my seeking employment with, employment by, or any other association with my Worksite Employer, my Temporary Staffing Employer, or SPLI shail be submitted to and detertnined exclusively by binding arbitration under the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.} in conformity with the procedures of the California Arbitration Act {Cal. Code Cvi. Prac. sec, 1280 et. seq, including section 1285.05 and all of the Act's other mandatory and permissive rights to discovery). Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims of discrimination and harassment, whether they be based on Titie VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act or any other similar state, local, or federal law or regulation), equitable law, or otherwise. The following claims are excluded from arbitration: ¢laims arising under the National Labor Relations Act which are brougin before the National Labor Relations Board; claims for medical and disability benefits under the California Workers Compensation Act; claims for unemployment insurance benefits which are brought before the California Employment Development Department; or any other claims that must be excluded from arbitration by federal law. Nothing herein, however, shall prevent me from filing and pursuing proceedings before the United States Equal Employment Oppartunity Commission, California Department of Fair Employment and Housing or similar state or focal agency (although if [ choose to pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to the provisions of this Agreement}. B. In addition to any other requirements imposed by law, the arbivator selected shall be a retired California Superior Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading {including the right of demurrer), ail rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgement on the pleadings, and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to. notions of "just cause") other than such conwolling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator. which immunity supplements. any other existing immunity, Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code Section 47(b). As reasonably required to allow full use and benefit of this agreement's modifications lo the Act's procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings. Awards shail include the arbitrator's written reasoned opinion. Finally, my Worksite Employer, my Temporary Stafting Employer, and SPLI agree to pay all types of costs that are unique to arbitration including arbitration administrative fees, arbitration hearing fees and arbitrator compensation fees. C. [understand and agree that all claims that | may have against my Worksite Employer, my Temporary Staffing Employer, and SPLT must be brought in my individual capacity and not as a plaintiff or class member in any purported class action, collective action or representative action proceeding. Similarly, any claims that my Worksite Employer, my Temporary Staffing Employer, or SPLI nay have against me may not be brought as a plaintiff or class member in any purported class action, collective action or representative action proceeding. [understand that there is no right or authority for any dispute to be heard or arbitrated on a collective action basis. class action basis, representative action basis, as a private attorney general, or other bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other alleged Worksite Employer, Temporary Staffing Employer, or SPLI employees {or any of them) or on behalf of other persons alleged to be similarly situated. I understand that there ure no bench or jury triais gnd no class actions, collective actions, or representative actions permitted under this Arbitration Agreement. The Arbitrator shall not consolidate claims of different alleged employees into one proceeding, nor shall the Arbitrator have the power to hear arbitration as a class action, collective action, or representative action. Page 1 of 2 Rev 1127/16 D. I understand that I may submit a form stating that I wish to opt-out and not be subject to Arbitration, To opt-out, 1 must submit an “Arbitration Agreement Opt-Out” Form to SPLI. I understand that [ can obtain the form by contacting SPLI at HR@spli.com. To be effective, my opt-out form must be received by SPLI no later than 30-days after | sign this Agreement. | further understand that I will not be subject to any adverse action should 1 chose to opt-out. Finally, 1 understand that, if I send my opt-out form to SPLI it will be effective as to SPLI, my Worksite Employer, and my Temporary Staffing Employer. E. 1 understand and agree to this binding arbitration provision and that §, my Worksite Employer, my Temporary Staffing Employer, and SPLI give up our respective rights to trial by jury of any claim that [ may have against my Worksite Employer, my Temporary Staffing Employer, or SPL1 or that my Worksite Employer, my Temporary Staffing Employer, or SPLI may have against me. 2. Entire Agreement. This is the entire agreement between my Worksite Employer, my Temporary Staffing Employer, SPLI, and me regarding dispute resolution and this agreement supersedes any and all prior agreements regarding these issues. It is further agreed and understood that any agreement contrary to the foregoing must be entered into, in writing, by the President of my Worksite Employer to be binding against my Worksite Employer, the President of my Temporary Staffing Employer to be binding against my Temporary Staffing Employer, or by the President of SPLI to be binding against SPLI. No supervisor or representative of my Worksite Employer, ny Temporary Staffing Employer, or SPL, other than the President of my Worksite Employer, the President of my Temporary Staffing Employer, or the President of SPLI, has any authority to enter into any agreement contrary to the foregoing. Oral representations made before or after you are hired do not alter this Agreement. LS Severance. If any term, provision, or portion of this Agreement is declared void or unenforceable it shall be severed and the remainder of this Agreement shall be enforceable. For example, if the portion of this Agreement containing my agreement to waive any right 1 may have to bring a representative action and/or private attorney general action in arbitration is declared void or unenforceable, said term or provision shall be severed and the remainder of this agreement shall be enforceable. If the representative action and/or private attorney general action is severed and I bring an action that includes claims subject to this Agreement and a representative action and/or a private attomey general action that are not subject to this Agreement, SPLI, my Worksite Employer, my Temporary Staffing Employer, and 1 agree 10 stay the non-arbitral claims until the claims subject to this Agreement are fully arbitrated. IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT, PLEASE ASK A SPLI, A WORKSITE EMPLOYER, OR TEMPRARY STAFFING EMPLOYER (IF ANY) REPRESENTATIVE BEFORE SIGNING. 1 HEREBY ACKNOWLEDGE THAT | HAVE READ THE AGREEMENT AND UNDERSTAND THE SAME. DO NOT SIGN UNTIL YOU HAVE READ THIS AGREEMENT. REDACTED Employee's Signature Sce 77 L77LS er Employee's Printed Name oi = gf T Date KVS ne. Company Name Page 2 of 2 Rev 1/27/16 W N Oo 0 J O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 29800 Agoura Road, Suite 210, Agoura Hills, California 91301. On March 8, 2019, I served the foregoing document described as DECLARATION OF STEPHEN P. O°’DELL IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS on all interested parties in said action: SEE ATTACHED SERVICE LIST [X] (VIA US MAIL) I caused such envelope(s) to be deposited in the mail at Agoura Hills, California with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [1] (VIA FEDERAL EXPRESS) I caused to have served such document(s) by depositing them in the drop box at Agoura Hills, California, for priority overnight next day delivery. [] (VIA FACSIMILE) I caused such document to be faxed to the persons identified with fax numbers on the attached Mailing List. [1] (VIA PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee. [1] (VIA E-MAIL) I caused to have such documents sent by electronic service [Fed. Rule Civ. Proc. Rule 5(b)(2)(a)] by electronically mailing a true and correct copy through Marlin & Saltzman’s electronic mail system to the e-mail address(s) set forth below, or as stated on the attached service list per agreement in accordance with Federal Rules of Civil Procedure rule 5(b). [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [1] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on March 8, 2019, at Agoura Hills, California. J DECLARATION OF STEPHEN P. O’DELL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS W N Oo 0 J O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Scott Tarter v. South East Personnel Leasing LASC Case No. BC694862 Service List Roger M. Mansukhani, Esq. Eric R. Deitz, Esq. Amanda K. Mayo, Esq. GORDON REES SCULLY MANSUKHANI LLP 633 W. Fifth Street, Suite 5200 Los Angeles, CA 90071 Telephone: (213) 576-5000 Facsimile: (213) 680-4470 edeitz@grsm.com amayo@grsm.com Attorneys for Defendant South East Personnel Leasing, Inc. Peter M. Hart, Esq. Ashlie E. Fox LAW OFFICES OF PETER M. HART 12121 Wilshire Blvd., Suite 725 Los Angeles, CA 90025 Telephone: (310) 207-0109 Facsimile: (509) 561-6441 hartpeter@msn.com ashlie.fox.loph@gmail.com Co-Counsel for Plaintiff 6 DECLARATION OF STEPHEN P. O’DELL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF ITEMS
