ALVARADO v. DART CONTAINER CORPORATION OF CALIFORNIA

Appellant’s Notice of Errata

Cal.January 23, 2017

$232607 IN THE SUPREME COURT OF CALIFORNIA HECTOR ALVARADO Plaintiff; Appellant and Petitioner VS. DART CONTAINER CORPORATION OF CALIFORNIA Defendant and Respondent AFTER A DECISION BY THE COURT OF APPEAL FOURTH APPELLATE DISTRICT CASE NO. E061645 APPEALFrom the Superior Court of Riverside County. Hon. Daniel A. Ottolia. (Super. Ct. No. RIC1211707) NOTICE OF ERRATARE: APPELLANT'S ANSWER TO AMICUS BRIEFS (Service on Attorney General and District Attorney required by Bus. & Prof. Code §§ 17209, 17536.5) LAVI & EBRAHIMIAN, LLP DENNIS F. MOSS Joseph Lavi (SBN 77512; (SBN 209776; jlavi@lelawfirm.com) dennis@dennismosslaw.com) Jordan D. Bello 15300 Ventura Blvd., Suite 207 (SBN 243190; jbello@lelawfirm.com) Sherman Oaks, CA 91403 8889 W. Olympic Blvd., Suite 200 Tel: (310) 773-0323 Beverly Hills, CA 90211 Fax: (310) 861-0389 Tel: (310) 432-0000 ATTORNEYSFOR PLAINTIFF, APPELLANT AND PETITIONER HECTOR ALVARADO RECEIVED JAN 2 32017 CLERK SUPREME COURT Appellant's Answer to Amicus Briefs in the above-referenced case wasfiled in this Court on January 17, 2017. Upon review of the Brief, Counsel for Appellant noticed a sentence/paragraph that was not properly proofed, and as a consequence did not make sense; the second full paragraph on page 38 of the brief. As filed, it reads: " "Regular Rate’ in California has definitely not contemplated, since at least the 1950's, through the repeated enactments of the expression by the IWCbefore and after the watershed case ofSkyline Homes." The idea that the Paragraph was supposed to convey, is set forth below in a substitute paragraph. | " "Regular Rate' in California has definitely not contemplated fluctuation based on hours worked. Since at least the 1950's, through the repeated enactments of the expression "regular rate" by the IWC before and after the watershed case of Skyline Homes, this fact has been clear." Dated: January 18, 2017 Respectfully Sybmitted, C/ DENNIS F. MOSS,Attorney for Plaintiff, Appellant Hector Alvarado PROOF OF SERVICE I, the undersigned, declare: 1. That declarant is and was, at all times herein mentioned, a citizen of the United States and a resident of the County of Los Angeles, over the age of 18 years, and not a party to or interested party in the within action; that declarant’s business address is 15300 Ventura Boulevard, Suite 207, Sherman Oaks, California 91403. 2. That on January 18, 2017 declarant served the APPELLANT'S REPLY BRIEF by depositing a true copy thereof in a United States mail box at Sherman Oaks, California in a sealed envelope with postage fully prepaid and addressed to the parties listed on the attached servicelist. 3. That there is regular communication by mail between the place of mailing and the places so addressed. I declare under penalty of perjury that the foregoing is true and correct. plfe_ Lea Garbe — Executed this 18 January 2017 at Sherman Oaks, California. SERVICE LIST Clerk, California Court ofAppeal Fourth District Court of Appeal Division 2 3389 Twelfth Street Riverside, CA 92501 Attorney General, State of California 1300 "I" Street Sacramento, CA 95814-2919 District Attorney, County of Riverside 2960 Orange Street Riverside, CA 92501 Attorneysfor California Employment Lawyers Association: Richard Edward Quintilone Alvin B. Lindsay Quintilone & Associates 22974 El Toro Road, Suite 100 Lake Forest, CA 92630 Attorneyfor Respondents and Defendants: Howard B. Golds, Esq. Elizabeth A. James, Esq. BEST BEST & KRIEGER LLP 3390 University Avenue, 5th Floor Riverside, CA 92502 Attorneysfor National Association ofManufacturers: Michael J. Lotito LITTLER MENSELSON,P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Elizabeth Parry LITTLER MENDENSON,P.C. 1255 Treat Boulevard, Suite 600 Walnut Creek, CA 94597 Attorneysfor California Employment Law Council and Employers Group: Zachary Perry Hutton Paul W. Cane,Jr. PAULHASTINGS, LLP 55 2nd Street, 24th Floor San Francisco, CA 94105