On October 01, 2020 a
Party Statement
was filed
involving a dispute between
Amaya, Jaime,
Bass, Ryne,
Gonzalez, Paula,
Jaime Amaya, On Behalf Of Themselves And All Others Similarly Situated,
Mazariegos, Alida,
Tello, Adriana,
Tello, Georgina,
and
Buddha Capital Corporation,
Does 1 Through 10, Inclusive,
Rr Franchising, Inc,
Vanguard Cleaning Systems, Inc,
Vanguard Cleaning Systems Of The Central Valley,
Wine Country Ventures, Inc.,
for Complex Civil Unlimited Class Action
in the District Court of San Mateo County.
Preview
1 Michael A. Hood (State Bar No. 71258)
JACKSON LEWIS P.C.
2 200 Spectrum Center Drive, Suite 500
Irvine, California 92618-5005
3 Telephone: (949) 885-1374
Facsimile: (949) 885-1380
4 E-mail: Michael.Hood@jacksonlewis.com
6/10/2022
5 Lynsey D. Johnson (State Bar No. 314287)
Adam V. Truong (State Bar No. 318896)
6 JACKSON LEWIS P.C.
50 California Street, 9th Floor
7 San Francisco, California 94111-4615
Telephone: (415) 394-9400
8 Facsimile: (415) 394-9401
E-mail: Lynsey.Johnson@jacksonlewis.com
9 E-mail: Adam.Truong@jacksonlewis.com
10 Additional Counsel Listed On Next Page
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SAN MATEO
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14 ALIDA MAZARIEGOS, PAULA Case No. 20-CIV-04267
GONZALEZ, and JAIME AMAYA
15 Class Action - Complex Designation
Plaintiffs, on behalf of themselves and
16 all others similarly situated, Assigned for All Purposes to
Hon. Nancy L. Fineman, Dept. 4
17 v.
DECLARATION OF NIKKI MUNOZ
18 VANGUARD CLEANING SYSTEMS, INC.;
RR FRANCHISING, INC., D/B/A [Re Defendants’ Consolidated Opposition to
19 VANGUARD CLEANING SYSTEMS OF Plaintiffs’ Motion for Class Certification
SOUTHERN CALIFORNIA AND D/B/A and Supporting Declarations]
20 VANGUARD CLEANING SYSTEMS OF
NORTHERN CALIFORNIA; BUDDHA Date: July 26, 2022
21 CAPITAL CORPORATION, D/B/A Time: 2:00 p.m.
VANGUARD CLEANING SYSTEMS OF Dept.: 4; Ctrm. N
22 SACRAMENTO, D/B/A VANGUARD Judge: Hon. Nancy L. Fineman
CLEANING SYSTEMS OF THE CENTRAL
23 VALLEY, AND D/B/A VANGUARD
CLEANING SYSTEMS OF THE CENTRAL Complaint Filed: 10/01/2020
24 COAST; AND WINE COUNTRY First Amended Complaint: 02/05/2021
VENTURES, INC. D/B/A VANGUARD Trial Date: Not Set
25 CLEANING SYSTEMS OF THE NORTH
BAY, AND DOES 1 THROUGH 10,
26 INCLUSIVE,
27 Defendants.
28
1
Declaration of Nikki Munoz [Re Defendants’ Consolidated Opposition to Plaintiffs’
Motion for Class Certification and Supporting Declarations] Case No. 20-C1V-04267
1 Adam L. Lounsbury, Admitted Pro Hac Vice
JACKSON LEWIS P.C.
2 701 East Byrd Street - 17th Floor
Richmond, Virginia 23219-4500
3 Telephone: (804) 649-0404
Facsimile: (804) 649-0403
4 E-mail: Adam.Lounsbury@jacksonlewis.com
5 Attorneys for Defendants
RR FRANCHISING, INC., BUDDHA
6 CAPITAL CORPORATION and WINE
COUNTRY VENTURES, INC.
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4862-3314-1540, v. 1
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Declaration of Nikki Munoz [Re Defendants’ Consolidated Opposition to Plaintiffs’
Motion for Class Certification and Supporting Declarations] Case No. 20-C1V-04267
DECLARATION OF NIKKI MUNOZ
1 1. I, Nikki Munoz, declare that I am not a party to this action and if
2 needed could and would competently testify to the facts stated herein. I am
3 the Assistant Manager of the E-Filing Department with First Legal located at
4 3600 Lime Street, Suite 626, Riverside, CA 92501; phone number is (951)779-
5 1110.
6 2. On June 09, 2022, JACKSON LEWIS P.C., placed an order to
7 electronically file: (1) REGIONAL FRANCHISOR DEFENDANTS’ CONSOLIDATED
8 OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION; (2) DECLARATION OF
9 ROB DUSTHIMER IN SUPPORT OF REGIONAL FRANCHISE DEFENDANTS’ OPPOSITION TO
10 PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION; (3) DECLARATION OF ED GONG IN
11 SUPPORT OF DEFENDANT BUDDHA CAPITAL CORPORATION’S OPPOSITION TO PLAINTIFFS’
12 MOTION FOR CLASS CERTIFICATION; (4) DECLARATION OF JOHN S. NEWMAN IN SUPPORT
13 OF DEFENDANT WINE COUNTRY VENTURES, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION
14 FOR CLASS CERTIFICATION; and (5) DECLARATION OF ADAM L. LOUNSBURY IN SUPPORT
15 OF REGIONAL FRANCHISORS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS
16 CERTIFICATION (6) PROOF OF SERVICE in the San Mateo County Superior Court.
17 This is in the matter of Mazariegos vs. Vanguard, et al., case number 20-CIV-
18 04267. The order was placed with explicit instructions to file on same day
19 basis and before the court closure time.
20 3. First Legal submitted the documents on June 09, 2022 at
21 approximately 10:08pm and received court transaction number 9185706.
22 4. On June 09, 2022, First Legal received a “reject” back from the
23 court stating: “Reject Comment Unknown One or more documents could not be
24 processed.”
25
Declaration of Nikki Munoz
'5. First Legal immediately attempted to compress down and split a larg;
document to resubmit so the documents have the filing date of June 09, 2022
as requested.
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6. First Legal resubmitted the documents again at approximately 11:54pm
and received transaction number 9185805.
7. The second submission was again rejected at 12:00am
approximately on
June 10, 2022 stating: Your document (No court returned document - rejected)
has been rejected by the court: One or more documents could not be processed.
8. First Legal subsequently submitted the document on June 10, 2022 for
a third time and received transaction numbers 9194893, 9195062, 9195254 a
9195240. Those submissions are still pending at the time of the declaration.
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I declare under penalty of perjury under the laws of the State of
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California that the foregoing is true and correct.
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Dated this lom‘day of June, 2022
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N kki Muno
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Declaration of Nikki Munoz
Preview
1 Michael A. Hood (State Bar No. 71258) JACKSON LEWIS P.C. 2 200 Spectrum Center Drive, Suite 500 Irvine, California 92618-5005 3 Telephone: (949) 885-1374 Facsimile: (949) 885-1380 4 E-mail: Michael.Hood@jacksonlewis.com 6/10/2022 5 Lynsey D. Johnson (State Bar No. 314287) Adam V. Truong (State Bar No. 318896) 6 JACKSON LEWIS P.C. 50 California Street, 9th Floor 7 San Francisco, California 94111-4615 Telephone: (415) 394-9400 8 Facsimile: (415) 394-9401 E-mail: Lynsey.Johnson@jacksonlewis.com 9 E-mail: Adam.Truong@jacksonlewis.com 10 Additional Counsel Listed On Next Page 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SAN MATEO 13 14 ALIDA MAZARIEGOS, PAULA Case No. 20-CIV-04267 GONZALEZ, and JAIME AMAYA 15 Class Action - Complex Designation Plaintiffs, on behalf of themselves and 16 all others similarly situated, Assigned for All Purposes to Hon. Nancy L. Fineman, Dept. 4 17 v. DECLARATION OF NIKKI MUNOZ 18 VANGUARD CLEANING SYSTEMS, INC.; RR FRANCHISING, INC., D/B/A [Re Defendants’ Consolidated Opposition to 19 VANGUARD CLEANING SYSTEMS OF Plaintiffs’ Motion for Class Certification SOUTHERN CALIFORNIA AND D/B/A and Supporting Declarations] 20 VANGUARD CLEANING SYSTEMS OF NORTHERN CALIFORNIA; BUDDHA Date: July 26, 2022 21 CAPITAL CORPORATION, D/B/A Time: 2:00 p.m. VANGUARD CLEANING SYSTEMS OF Dept.: 4; Ctrm. N 22 SACRAMENTO, D/B/A VANGUARD Judge: Hon. Nancy L. Fineman CLEANING SYSTEMS OF THE CENTRAL 23 VALLEY, AND D/B/A VANGUARD CLEANING SYSTEMS OF THE CENTRAL Complaint Filed: 10/01/2020 24 COAST; AND WINE COUNTRY First Amended Complaint: 02/05/2021 VENTURES, INC. D/B/A VANGUARD Trial Date: Not Set 25 CLEANING SYSTEMS OF THE NORTH BAY, AND DOES 1 THROUGH 10, 26 INCLUSIVE, 27 Defendants. 28 1 Declaration of Nikki Munoz [Re Defendants’ Consolidated Opposition to Plaintiffs’ Motion for Class Certification and Supporting Declarations] Case No. 20-C1V-04267 1 Adam L. Lounsbury, Admitted Pro Hac Vice JACKSON LEWIS P.C. 2 701 East Byrd Street - 17th Floor Richmond, Virginia 23219-4500 3 Telephone: (804) 649-0404 Facsimile: (804) 649-0403 4 E-mail: Adam.Lounsbury@jacksonlewis.com 5 Attorneys for Defendants RR FRANCHISING, INC., BUDDHA 6 CAPITAL CORPORATION and WINE COUNTRY VENTURES, INC. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4862-3314-1540, v. 1 2 Declaration of Nikki Munoz [Re Defendants’ Consolidated Opposition to Plaintiffs’ Motion for Class Certification and Supporting Declarations] Case No. 20-C1V-04267 DECLARATION OF NIKKI MUNOZ 1 1. I, Nikki Munoz, declare that I am not a party to this action and if 2 needed could and would competently testify to the facts stated herein. I am 3 the Assistant Manager of the E-Filing Department with First Legal located at 4 3600 Lime Street, Suite 626, Riverside, CA 92501; phone number is (951)779- 5 1110. 6 2. On June 09, 2022, JACKSON LEWIS P.C., placed an order to 7 electronically file: (1) REGIONAL FRANCHISOR DEFENDANTS’ CONSOLIDATED 8 OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION; (2) DECLARATION OF 9 ROB DUSTHIMER IN SUPPORT OF REGIONAL FRANCHISE DEFENDANTS’ OPPOSITION TO 10 PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION; (3) DECLARATION OF ED GONG IN 11 SUPPORT OF DEFENDANT BUDDHA CAPITAL CORPORATION’S OPPOSITION TO PLAINTIFFS’ 12 MOTION FOR CLASS CERTIFICATION; (4) DECLARATION OF JOHN S. NEWMAN IN SUPPORT 13 OF DEFENDANT WINE COUNTRY VENTURES, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION 14 FOR CLASS CERTIFICATION; and (5) DECLARATION OF ADAM L. LOUNSBURY IN SUPPORT 15 OF REGIONAL FRANCHISORS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS 16 CERTIFICATION (6) PROOF OF SERVICE in the San Mateo County Superior Court. 17 This is in the matter of Mazariegos vs. Vanguard, et al., case number 20-CIV- 18 04267. The order was placed with explicit instructions to file on same day 19 basis and before the court closure time. 20 3. First Legal submitted the documents on June 09, 2022 at 21 approximately 10:08pm and received court transaction number 9185706. 22 4. On June 09, 2022, First Legal received a “reject” back from the 23 court stating: “Reject Comment Unknown One or more documents could not be 24 processed.” 25 Declaration of Nikki Munoz '5. First Legal immediately attempted to compress down and split a larg; document to resubmit so the documents have the filing date of June 09, 2022 as requested. I 6. First Legal resubmitted the documents again at approximately 11:54pm and received transaction number 9185805. 7. The second submission was again rejected at 12:00am approximately on June 10, 2022 stating: Your document (No court returned document - rejected) has been rejected by the court: One or more documents could not be processed. 8. First Legal subsequently submitted the document on June 10, 2022 for a third time and received transaction numbers 9194893, 9195062, 9195254 a 9195240. Those submissions are still pending at the time of the declaration. 10 I declare under penalty of perjury under the laws of the State of 11 California that the foregoing is true and correct. 12 13 Dated this lom‘day of June, 2022 1 14 N kki Muno 15 16 17 18 19 20 21 22 23 24 25 Declaration of Nikki Munoz