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1 APALLA U. CHOPRA (S.B. #163207)
achopra@omm.com
2 SUSANNAH K. HOWARD (S.B. # 291326)
showard@omm.com ELECTRONICALLY
3 ANDREW LICHTENSTEIN (S.B. #279297) F I L E D
alichtenstein@omm.com Superior Court of California,
4 MARNI F. BARTA (S.B. #313412) County of San Francisco
mbarta@omm.com 05/12/2021
5 O’MELVENY & MYERS LLP Clerk of the Court
400 South Hope Street BY: VANESSA WU
6 18ᵗʰ Floor Deputy Clerk
Los Angeles, California 90071-2899
7 Telephone: +1 213 430 6000
Facsimile: +1 213 430 6407
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Attorneys for Defendant
9 Trader Joe’s Company
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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GREGORY BARTLETT and Case No. CGC-21-589761
14 CASSANDRA VAGLIENTY, on behalf
of the State of California, as private DECLARATION OF MARNI F. BARTA
15 attorney generals, IN SUPPORT OF AUTOMATIC 30-
DAY EXTENSION TO FILE
16 Plaintiffs, RESPONSIVE PLEADING PURSUANT
17 TO CODE OF CIVIL PROCEDURE
v. SECTION 430.41
18 TRADER JOE’S COMPANY, a California Complaint Filed: February 16, 2021
Corporation; and DOES 1 through 50,
19 Inclusive;
20 Defendants.
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DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION
1 DECLARATION OF MARNI F. BARTA
2 I, Marni F. Barta, hereby declare and state as follows:
3 1. I am a member of the State Bar of California and am admitted to practice before
4 the Courts of this State. I am an attorney in the law firm of O’Melveny & Myers LLP, attorneys
5 for Trader Joe’s Company (“Trader Joe’s”) in this litigation. I have personal knowledge of the
6 matters stated herein and, if called upon, I could and would testify to the truth thereof.
7 2. I make this declaration with respect to Trader Joe’s good-faith attempt to meet and
8 confer regarding deficiencies identified by Trader Joe’s in the Complaint filed by Plaintiffs
9 Gregory Bartlett and Cassandra Vaglienty (“Plaintiffs”); the parties’ inability to meet and confer
10 at least five days before Trader Joe’s responsive pleading is due; and, pursuant to California Code
11 of Civil Procedure Section 430.41(a)(2), Trader Joe’s entitlement to an automatic 30-day
12 extension of time within which to file its responsive pleading(s).
13 3. On April 13, 2021, I emailed Plaintiffs’ counsel Trader Joe’s Notice and
14 Acknowledgment of Receipt of a copy of the Summons and Complaint in the above-captioned
15 action.
16 4. On April 29, 2021 at 8:18 a.m., I emailed Plaintiffs’ counsel asking for their
17 availability on May 3 or May 4 “to meet and confer under California Code of Civil Procedure
18 § 430.41 regarding the demurrer that Trader Joe’s intends to file in the above-referenced matter.”
19 5. Plaintiffs’ counsel responded that she was available on May 4, 2021 at 4:00 p.m. I
20 confirmed my availability for a meet and confer call at 4:00 p.m. on May 4, 2021 and circulated a
21 dial-in we could use for the meet and confer call.
22 6. At 4:06 p.m. on May 4, 2021, I emailed Plaintiffs’ counsel asking if she was still
23 available for the meet and confer scheduled for 4:00 p.m. that day, as she had not dialed in to the
24 call. At 4:21 p.m. on May 4, 2021, I emailed Plaintiffs’ counsel again noting that my colleague
25 and I waited about 10 to 15 minutes before leaving the dial-in and asking for availability to
26 conduct the meet and confer on May 5, 2021. Plaintiffs’ counsel responded via email asking to
27 move the call to early the next week. I sent an email in response that said, “We are happy to
28 move our meet and confer discussion to early next week, but that would be after our deadline to
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DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION
1 meet and confer regarding our demurrer, which is this Friday, May 7. Under CCP 430.41(a)(2),
2 this would trigger an automatic 30 day extension for Trader Joe’s to respond to the PAGA
3 Complaint. If you instead would like to meet and confer by May 7 to keep current deadlines in
4 place, please let us know. If not, we suggest that we move the call to Monday or Tuesday
5 afternoon.”
6 7. At 8:47 a.m. on May 7, 2021 I sent an email following up on my May 4, 2021
7 email in which I again requested Plaintiffs’ counsel’s availability to meet and confer. Plaintiffs’
8 counsel has not yet responded to my May 7, 2021 email or otherwise provided times she is
9 available to meet and confer regarding the demurrer Trader Joe’s intends to file in response to
10 Plaintiffs’ Complaint.
11 8. As set out above, despite Trader Joe’s good-faith efforts, the parties were not able
12 to complete the meet-and-confer process at least five days before the deadline for Trader Joe’s
13 responsive pleading(s) of May 13, 2021.
14 9. Because the parties were not able to complete the meet-and-confer process at least
15 five days before May 13, 2021, Trader joe’s is entitled to a 30-day extension of time within which
16 to file its responsive pleading(s) pursuant to California Code of Civil Procedure
17 Section 430.41(a)(2).
18 10. Because 30 days from May 13, 2021 falls on a Saturday, pursuant to Rule 1.10(b)
19 of the California Rules of Court, Trader Joe’s new deadline for filing their responsive pleading(s)
20 is June 14, 2021.
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22 I declare, under penalty of perjury under the laws of the State of California, that the
23 foregoing is true and correct. Executed on this 12th day of May, 2021, in Los Angeles County,
24 California.
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Marni F. Barta
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DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION
1 PROOF OF SERVICE
2 I am over the age of eighteen years and not a party to the within action. I am a
3 resident of or employed in the county where the service described below occurred. My
4 business address is 400 South Hope Street, 18th Floor, Los Angeles, California 90071-
5 2899. On May 12, 2021, I served the following:
6 DECLARATION OF MARNI F. BARTA IN SUPPORT
OF AUTOMATIC 30-DAY EXTENSION TO FILE
7 RESPONSIVE PLEADING PURSUANT TO CODE OF
CIVIL PROCEDURE SECTION 430.41
8
by causing the document(s) to be emailed or electronically transmitted to the
9 person(s) at the email addresses set forth on the attached Service List, pursuant to a
10 court order or an agreement of the parties to accept service by email or electronic
transmission. I did not receive, within a reasonable time after the transmission, any
11 electronic message or other indication that the transmission was unsuccessful.
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I declare under penalty of perjury under the laws of the State of California that the above
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is true and correct. Executed on May 12, 2021, at Los Angeles, California.
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16 Marni F. Barta
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DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION
1 SERVICE LIST
2 Norman B. Blumenthal (SBN 068687)
norm@bamlawca.com
3 Kyle R. Nordrehaug (SBN 205975)
4 kyle@bamlawca.com
Aparajit Bhowmik (SBN 248066)
5 aj@bamlawlj.com
Jeffrey Herman (SBN 280058)
6 jeffrey@bamlawca.com
Christine T. LeVu (SBN 288271)
7 christine@bamlawca.com
8 Andrew Ronan (SBN 312316)
andrew@bamlawca.com
9 Ricardo R. Ehmann (SBN 320117)
rico@bamlawca.com
10 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW
2255 Calle Clara La Jolla, CA 92037
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Phone: 858-551-1223
12 Fax: 858-551-1232
Attorneys for Plaintiffs
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DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION
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1 APALLA U. CHOPRA (S.B. #163207) achopra@omm.com 2 SUSANNAH K. HOWARD (S.B. # 291326) showard@omm.com ELECTRONICALLY 3 ANDREW LICHTENSTEIN (S.B. #279297) F I L E D alichtenstein@omm.com Superior Court of California, 4 MARNI F. BARTA (S.B. #313412) County of San Francisco mbarta@omm.com 05/12/2021 5 O’MELVENY & MYERS LLP Clerk of the Court 400 South Hope Street BY: VANESSA WU 6 18ᵗʰ Floor Deputy Clerk Los Angeles, California 90071-2899 7 Telephone: +1 213 430 6000 Facsimile: +1 213 430 6407 8 Attorneys for Defendant 9 Trader Joe’s Company 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN FRANCISCO 12 13 GREGORY BARTLETT and Case No. CGC-21-589761 14 CASSANDRA VAGLIENTY, on behalf of the State of California, as private DECLARATION OF MARNI F. BARTA 15 attorney generals, IN SUPPORT OF AUTOMATIC 30- DAY EXTENSION TO FILE 16 Plaintiffs, RESPONSIVE PLEADING PURSUANT 17 TO CODE OF CIVIL PROCEDURE v. SECTION 430.41 18 TRADER JOE’S COMPANY, a California Complaint Filed: February 16, 2021 Corporation; and DOES 1 through 50, 19 Inclusive; 20 Defendants. 21 22 23 24 25 26 27 28 DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION 1 DECLARATION OF MARNI F. BARTA 2 I, Marni F. Barta, hereby declare and state as follows: 3 1. I am a member of the State Bar of California and am admitted to practice before 4 the Courts of this State. I am an attorney in the law firm of O’Melveny & Myers LLP, attorneys 5 for Trader Joe’s Company (“Trader Joe’s”) in this litigation. I have personal knowledge of the 6 matters stated herein and, if called upon, I could and would testify to the truth thereof. 7 2. I make this declaration with respect to Trader Joe’s good-faith attempt to meet and 8 confer regarding deficiencies identified by Trader Joe’s in the Complaint filed by Plaintiffs 9 Gregory Bartlett and Cassandra Vaglienty (“Plaintiffs”); the parties’ inability to meet and confer 10 at least five days before Trader Joe’s responsive pleading is due; and, pursuant to California Code 11 of Civil Procedure Section 430.41(a)(2), Trader Joe’s entitlement to an automatic 30-day 12 extension of time within which to file its responsive pleading(s). 13 3. On April 13, 2021, I emailed Plaintiffs’ counsel Trader Joe’s Notice and 14 Acknowledgment of Receipt of a copy of the Summons and Complaint in the above-captioned 15 action. 16 4. On April 29, 2021 at 8:18 a.m., I emailed Plaintiffs’ counsel asking for their 17 availability on May 3 or May 4 “to meet and confer under California Code of Civil Procedure 18 § 430.41 regarding the demurrer that Trader Joe’s intends to file in the above-referenced matter.” 19 5. Plaintiffs’ counsel responded that she was available on May 4, 2021 at 4:00 p.m. I 20 confirmed my availability for a meet and confer call at 4:00 p.m. on May 4, 2021 and circulated a 21 dial-in we could use for the meet and confer call. 22 6. At 4:06 p.m. on May 4, 2021, I emailed Plaintiffs’ counsel asking if she was still 23 available for the meet and confer scheduled for 4:00 p.m. that day, as she had not dialed in to the 24 call. At 4:21 p.m. on May 4, 2021, I emailed Plaintiffs’ counsel again noting that my colleague 25 and I waited about 10 to 15 minutes before leaving the dial-in and asking for availability to 26 conduct the meet and confer on May 5, 2021. Plaintiffs’ counsel responded via email asking to 27 move the call to early the next week. I sent an email in response that said, “We are happy to 28 move our meet and confer discussion to early next week, but that would be after our deadline to -2- DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION 1 meet and confer regarding our demurrer, which is this Friday, May 7. Under CCP 430.41(a)(2), 2 this would trigger an automatic 30 day extension for Trader Joe’s to respond to the PAGA 3 Complaint. If you instead would like to meet and confer by May 7 to keep current deadlines in 4 place, please let us know. If not, we suggest that we move the call to Monday or Tuesday 5 afternoon.” 6 7. At 8:47 a.m. on May 7, 2021 I sent an email following up on my May 4, 2021 7 email in which I again requested Plaintiffs’ counsel’s availability to meet and confer. Plaintiffs’ 8 counsel has not yet responded to my May 7, 2021 email or otherwise provided times she is 9 available to meet and confer regarding the demurrer Trader Joe’s intends to file in response to 10 Plaintiffs’ Complaint. 11 8. As set out above, despite Trader Joe’s good-faith efforts, the parties were not able 12 to complete the meet-and-confer process at least five days before the deadline for Trader Joe’s 13 responsive pleading(s) of May 13, 2021. 14 9. Because the parties were not able to complete the meet-and-confer process at least 15 five days before May 13, 2021, Trader joe’s is entitled to a 30-day extension of time within which 16 to file its responsive pleading(s) pursuant to California Code of Civil Procedure 17 Section 430.41(a)(2). 18 10. Because 30 days from May 13, 2021 falls on a Saturday, pursuant to Rule 1.10(b) 19 of the California Rules of Court, Trader Joe’s new deadline for filing their responsive pleading(s) 20 is June 14, 2021. 21 22 I declare, under penalty of perjury under the laws of the State of California, that the 23 foregoing is true and correct. Executed on this 12th day of May, 2021, in Los Angeles County, 24 California. 25 26 Marni F. Barta 27 28 -3- DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION 1 PROOF OF SERVICE 2 I am over the age of eighteen years and not a party to the within action. I am a 3 resident of or employed in the county where the service described below occurred. My 4 business address is 400 South Hope Street, 18th Floor, Los Angeles, California 90071- 5 2899. On May 12, 2021, I served the following: 6 DECLARATION OF MARNI F. BARTA IN SUPPORT OF AUTOMATIC 30-DAY EXTENSION TO FILE 7 RESPONSIVE PLEADING PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 430.41 8 by causing the document(s) to be emailed or electronically transmitted to the 9 person(s) at the email addresses set forth on the attached Service List, pursuant to a 10 court order or an agreement of the parties to accept service by email or electronic transmission. I did not receive, within a reasonable time after the transmission, any 11 electronic message or other indication that the transmission was unsuccessful. 12 I declare under penalty of perjury under the laws of the State of California that the above 13 is true and correct. Executed on May 12, 2021, at Los Angeles, California. 14 15 16 Marni F. Barta 17 18 19 20 21 22 23 24 25 26 27 28 -4- DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION 1 SERVICE LIST 2 Norman B. Blumenthal (SBN 068687) norm@bamlawca.com 3 Kyle R. Nordrehaug (SBN 205975) 4 kyle@bamlawca.com Aparajit Bhowmik (SBN 248066) 5 aj@bamlawlj.com Jeffrey Herman (SBN 280058) 6 jeffrey@bamlawca.com Christine T. LeVu (SBN 288271) 7 christine@bamlawca.com 8 Andrew Ronan (SBN 312316) andrew@bamlawca.com 9 Ricardo R. Ehmann (SBN 320117) rico@bamlawca.com 10 BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW 2255 Calle Clara La Jolla, CA 92037 11 Phone: 858-551-1223 12 Fax: 858-551-1232 Attorneys for Plaintiffs 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- DECL. OF M. BARTA ISO DEF.’S AUTOMATIC 30-DAY EXTENSION