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1 || SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
2 Including Professional Corporations
RONALD J. HOLLAND, Cal. Bar No. 148687 TILED ~
3 || BABAK G. YOUSEFZADEH, Cal. Bar No. 235974
DORNA MOINI, Cal. Bar No, 287115 County of San troncises
4 || Four Embarcadero Center, 17" Floor 12/23/2014
San Francisco, California 94111-4109 12/23/2014
5||Telephone: 415.434.9100 BY:WILLIAM TRUPEK
Facsimile: 415.434.3947 Deputy Clerk
6 || Email: rholland@sheppardmullin.com
byousefzadeh@sheppardmullin.com
7 Imoini@sheppardmullin.com
8 || Attorneys for Plaintiff
BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a BENTLY
9 || BIOFUELS COLLECTION SERVICES, LLC,
0
SUPERIOR COURT OF THE STATE OF CALIFORNIA
1
COUNTY OF SAN FRANCISCO
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3
BENTLY BIOFUELS COMPANY LLC d/b/a_| Case No. CGC-13-535864
4|| BENTLY BIOFUELS COLLECTION
SERVICES, LLC, DECLARATION OF JOSHUA CLUTTER
5 IN SUPPORT OF MOTION FOR
Plaintiff, SUMMARY JUDGMENT, OR IN THE
6 ALTERNATIVE, SUMMARY
v. ADJUDICATION
17
K. DAVID FISHER; 3D OIL&GREASE, Date: March 12, 2015
8 || LLC; and DOES 1-25, inclusive, Time: 9:30 a.m.
Department: 302
9 Defendants. Reservation No. 121714-09.
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SMRH:418291295.1 DECLARATION OF JOSHUA CLUTTER ISO MOTION FOR SUMMARY JUDGMENTeo wn Au & Bw HN
eee RPRBRRYRBSSRDABESBES
on Nn ew 8b Ga 2A wae YH TSO
I, Joshua Clutter, declare as follows:
lL. ] am the Warehouse Supervisor for Bently Biofuels Collection Services (“Bently”),
Plaintiff in the abovecaptioned matter. I was formerly employed as the Operations Manager
for one and a half years at Got Grease, LLC (“Got Grease”). I have personal knowledge of the
facts set forth below and make this declaration in support of Plaintiff's Motion for Preliminary
Injunction. If swom as a witness, I could and would testify as set forth herein.
2. As the Got Grease Operations Manager, I was responsible for routing drivers,
dispatching all customers calls for oil collection to drivers, checking the drivers’ paperwork
(including the manifests they were required to complete when picking up used oil), and providing
collection bins to new customers, among other things. | worked with Defendant K. David Fisher
at Got Grease and am familiar with his work there and at Bently.
3. Mt. Fisher is a former Bently employee who briefly worked for Bently as a Truck
Driver. Prior to his employment with Bently, Mr. Fisher was employed by Got Grease as a Truck
Driver for about 6 years, His main job duties were to service to Got Grease’s customers in the
Bay Area, including collecting used cooking oil from them.
4. Got Grease’s customers’ used cooking oil was stored in Got Grease bins on the
customers’ premises until Got Grease could collect it, at which point it would be cleaned via a
gravity process and sold to biodiesel plant operators to be turned into biofuel. Got Grease also
provided grease trap cleaning services to customers wherein Got Grease would empty the grease
traps, clean them, and dispose of their contents. Got Grease had agreements with its customers to
provide these services.
5. Mr, Fisher was given access to Got Grease’s confidential information, including its
customer lists, procedures and methods, in order to perform his job duties.
6. On or about October 10, 2013, after Mr. Fisher was no longer employed at Bently,
Mr. Fisher told me that he had received a phone call from a Bently customer, Limon Rotisserie,
who was trying to reach Bently to schedule a grease trap cleaning. Rather than telling the
“le
SMRANHODIS! —_OECLARATION OF JOSHUA CLUTTER ISO MOTION FOR PRELIMINARY INJUNCTIONOo wo WD UW FF WN
o
customer that he was no longer employed by Bently, or telling Bently that the customer needed
service, Mr. Fisher responded to the call himself.as if he was still a Bently employee. I later found
out that Mr, Fisher had not only responded to the call to clean the grease trap, he also picked up
the used cooking oil from the restaurant (and did not deliver it to Bently).
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this _/ “$day of March 2014, in , California.
Bal fsbo
SMRH:418291295.1
-2-
SMRHA1R29295.. _ HECLARATION OF JOSHUA CLUTTER [SO MOTION FOR PRELIMINARY INJUNCTION
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1 || SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 2 Including Professional Corporations RONALD J. HOLLAND, Cal. Bar No. 148687 TILED ~ 3 || BABAK G. YOUSEFZADEH, Cal. Bar No. 235974 DORNA MOINI, Cal. Bar No, 287115 County of San troncises 4 || Four Embarcadero Center, 17" Floor 12/23/2014 San Francisco, California 94111-4109 12/23/2014 5||Telephone: 415.434.9100 BY:WILLIAM TRUPEK Facsimile: 415.434.3947 Deputy Clerk 6 || Email: rholland@sheppardmullin.com byousefzadeh@sheppardmullin.com 7 Imoini@sheppardmullin.com 8 || Attorneys for Plaintiff BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a BENTLY 9 || BIOFUELS COLLECTION SERVICES, LLC, 0 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 COUNTY OF SAN FRANCISCO 2 3 BENTLY BIOFUELS COMPANY LLC d/b/a_| Case No. CGC-13-535864 4|| BENTLY BIOFUELS COLLECTION SERVICES, LLC, DECLARATION OF JOSHUA CLUTTER 5 IN SUPPORT OF MOTION FOR Plaintiff, SUMMARY JUDGMENT, OR IN THE 6 ALTERNATIVE, SUMMARY v. ADJUDICATION 17 K. DAVID FISHER; 3D OIL&GREASE, Date: March 12, 2015 8 || LLC; and DOES 1-25, inclusive, Time: 9:30 a.m. Department: 302 9 Defendants. Reservation No. 121714-09. 20 _ 21 22 23 24 25 26 27 28 SMRH:418291295.1 DECLARATION OF JOSHUA CLUTTER ISO MOTION FOR SUMMARY JUDGMENTeo wn Au & Bw HN eee RPRBRRYRBSSRDABESBES on Nn ew 8b Ga 2A wae YH TSO I, Joshua Clutter, declare as follows: lL. ] am the Warehouse Supervisor for Bently Biofuels Collection Services (“Bently”), Plaintiff in the abovecaptioned matter. I was formerly employed as the Operations Manager for one and a half years at Got Grease, LLC (“Got Grease”). I have personal knowledge of the facts set forth below and make this declaration in support of Plaintiff's Motion for Preliminary Injunction. If swom as a witness, I could and would testify as set forth herein. 2. As the Got Grease Operations Manager, I was responsible for routing drivers, dispatching all customers calls for oil collection to drivers, checking the drivers’ paperwork (including the manifests they were required to complete when picking up used oil), and providing collection bins to new customers, among other things. | worked with Defendant K. David Fisher at Got Grease and am familiar with his work there and at Bently. 3. Mt. Fisher is a former Bently employee who briefly worked for Bently as a Truck Driver. Prior to his employment with Bently, Mr. Fisher was employed by Got Grease as a Truck Driver for about 6 years, His main job duties were to service to Got Grease’s customers in the Bay Area, including collecting used cooking oil from them. 4. Got Grease’s customers’ used cooking oil was stored in Got Grease bins on the customers’ premises until Got Grease could collect it, at which point it would be cleaned via a gravity process and sold to biodiesel plant operators to be turned into biofuel. Got Grease also provided grease trap cleaning services to customers wherein Got Grease would empty the grease traps, clean them, and dispose of their contents. Got Grease had agreements with its customers to provide these services. 5. Mr, Fisher was given access to Got Grease’s confidential information, including its customer lists, procedures and methods, in order to perform his job duties. 6. On or about October 10, 2013, after Mr. Fisher was no longer employed at Bently, Mr. Fisher told me that he had received a phone call from a Bently customer, Limon Rotisserie, who was trying to reach Bently to schedule a grease trap cleaning. Rather than telling the “le SMRANHODIS! —_OECLARATION OF JOSHUA CLUTTER ISO MOTION FOR PRELIMINARY INJUNCTIONOo wo WD UW FF WN o customer that he was no longer employed by Bently, or telling Bently that the customer needed service, Mr. Fisher responded to the call himself.as if he was still a Bently employee. I later found out that Mr, Fisher had not only responded to the call to clean the grease trap, he also picked up the used cooking oil from the restaurant (and did not deliver it to Bently). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _/ “$day of March 2014, in , California. Bal fsbo SMRH:418291295.1 -2- SMRHA1R29295.. _ HECLARATION OF JOSHUA CLUTTER [SO MOTION FOR PRELIMINARY INJUNCTION