NoticeCal. Super. - 3rd Dist.November 25, 2019G o r d o n Re es Sc ul ly M a n s u k h a n i , L L P 3 P a r k c e n t e r Dr iv e, Su it e 20 0 S a c r a m e n t o , C A 95 82 5 o O o N D \o 10 1 12 13 14 15 16 17 18 19 20 21 vy) 23 24 25 26 oF 28 BRIAN P. MASCHLER (SBN: 111824) MARK S. POSARD (SBN: 208790) =-ILED JUDITH A. CREGAN (SBN: 208779) Superior Court of California GORDON REES SCULLY MANSUKHANI, LLP -ORTEY GF Pree Parkcenter Drive, Suite 200 Sacramento, CA 95825 JAN 30 2020 Telephone: (916) 565-2900 Jake Chatters Facsimile: (916) 920-4402 Executive Officer & Clerk bmaschler@grsm.com By: E. Kouvdos, Deputy G mposard@grsm.com jcregan@grsm.com Attorneys for Defendant CIK POWER DISTRIBUTORS, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER SCV-O00HYORS JERAMIE GILES, an individual, CASE NO. 268 $E¥00367 Ww Plaintiff, DEFENDANT CIK POWER DISTRIBUTORS, LLC’S NOTICE OF RELATED CASE CALIFORNIA RULES OF COURT 3.300 VS. CIK POWER DISTRIBUTORS, LLC, a California limited liability company, and DOES | to 100, inclusive, Complaint filed: January 6, 2020 Defendants. N e e a a e Pursuant to California Rules of Court, Rule 3.300, CIK POWER DISTRIBUTORS, LLC (“Defendant”) hereby notifies the Court that this action is related to a case subsequently filed with the Superior Court of California for the County of Los Angeles-Spring Street that is currently pending: Patrick McClanahan vy. CIK Power Distributors, LLC (Case No. 20STCV00307, filed on January 6, 2020) (“McClanahan’’). 1. Rule 3.300 Regarding Related Cases The parties have a duty to give notice of related cases, and McClanahan may be related to this case under California Rules of Court, Rule 3.300(b). A case is related to another if both cases involve the same parties and involve the same or similar claims, arise from substantially identical transactions, incidents or events, which require resolution of “substantially identical lls Defendant CIK Power Distributors, LLC’s Notice of Related Case California Rules of Court 3.300 BY F A X G o r d o n Re es Sc ul ly M a n s u k h a n i , L L P 3 P a r k c e n t e r Dr iv e, Su it e 20 0 S a c r a m e n t o , C A 95 82 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 questions of law or fact: or “[a]re likely... to require substantial duplication of judicial resources if heard by different judges.” (CRC, Rule 3.300(b)(1)(2), and (4). 2. McClanahan Is Related to This Case Under Rule 3.300 This case was filed with this Court on November 25, 2019. McClanahan was filed in Los Angeles County Superior Court on January 6, 2020. Defendant has attached a true and correct copy of the Complaint in McClanahan as Exhibit A, and a true and correct copy of the Complaint in this action as Exhibit B. This case was the first filed action. (CRC, Rule 3.300(c).) This action and McClanahan are both class actions alleging the same wage and hour violations, as well as other violations against the same employer and defendant, C.I.K. Power Distributors, LLC, within overlapping timeframes. The plaintiffs in both cases are members of the same potential class. The alleged violations common to both complaints are: Common Violations Giles Complaint Exh. A McClanahan Complaint Exh. B Labor Code § 201 q 35(f) q 28 Labor Code § 202 q] 35(f) q 28 Labor Code § 203 q 8, 35(f), 73 | 86 Labor Code § 226(a) 4] 6, 8, 35(e), 67 (27, 72,76 Labor Code § 226.7 1 8,57, 62 q 24, 26,55, 56, 65 Labor Code § 510 {1 8, 35(a), 44 q 38 Labor Code § 512 "8,57 955, 56 Labor Code § 1194 4] 8, 35(a), 44 q| 24, 32, 40, 42 Labor Code § 1197 18,49 q 25, 89(c) Cal. Wage Order 4- 1 8 35(e) 955, 56, 65, 72 2001 Business & 1 8, 76 4 100 Professions Code § 17200-17208 Because these two cases involve the same defendant, challenge the same policies and practices, and assert causes of action premised on the same statutory violations, it would cause duplication of judicial resources to have these two cases heard in different courts during // // Be Defendant CIK Power Distributors, LLC’s Notice of Related Case California Rules of Court 3.300 BY F A X G o r d o n Re es Sc ul ly M a n s u k h a n i , L L P 3 P a r k c e n t e r Dr iv e, Su it e 20 0 S a c r a m e n t o , C A 95 82 5 nN wD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantially the same time. Therefore, Defendant will seek an order that McClanahan be stayed pending resolution of this case, which was the first-filed of the two cases. Dated: January 30, 2020 GORDON REES SCULLY MANSUKHANI, LLP By: fied Lego Brian P. Maschler™ Mark S. Posard Judith A. Cregan Attorneys for Defendant CIK POWER DISTRIBUTORS, LLC -3- Defendant CIK Power Distributors, LLC’s Notice of Related Case California Rules of Court 3.300 BY F A X G o r d o n Re es Sc ul ly M a n s u k h a n i , L L P 3 P a r k c e n t e r Dr iv e, Su it e 20 0 S a c r a m e n t o , C A 95 82 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Re: Jeramie Giles vy. CIK Power Distributors, LLC, et al. PLACER County Superior Court Case No. PROOF OF SERVICE I am a citizen of the United States. My business address is 3 Parkcenter Drive, Suite 200, Sacramento, California 95825. ] am employed in the City and County of Sacramento where this service occurs. I am over the age of 18 years and not a party to the within action. I am readily familiar with my employer’s normal business practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary course of business. On the below date, following ordinary business practice, I served a true copy of the foregoing document(s) described as: DEFENDANT CIK POWER DISTRIBUTORS, LLC’S NOTICE OF RELATED CASE CALIFORNIA RULES OF COURT 3.300 [X] MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Sacramento, California to the offices of the addressee(s) listed below: [] | PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). [] OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered to an overnight delivery carrier with delivery fees provided for, addressed to the person(s) on whom it is to be served. [] BY FACSIMILE: by transmitting by facsimile to the number(s) listed above to the fax number(s) set forth below, or as stated on the attached service list, on this date before 5:00 p.m. Darren M. Cohen Kingsley & Kingsley, APC 16133 Ventura Blvd., Suite 1200 Encino, CA 91436 T: 818-990-8300 F: 818-990-2903 E: dcohen@kingsleykingsley.com I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 30, 2020, at Sacramento, California. =. Sehr EILEEN SCHMITT -4. Defendant CIK Power Distributors, LLC’s Notice of Related Case California Rules of Court 3.300 BY F A X
