Preview
w
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
RONALD J. HOLLAND, Cal. Bar No. 148687 ELECTRONICALLY
BABAK G. YOUSEFZADEH, Cal. Bar No. 235974 FILED
DORNA MOINI, Cal. Bar No, 287115 ‘Superior Court of Caltfornia,
Four Embarcadero Center, 17" Floor County of San Francisco
San Francisco, California 94111-4109 12/23/2014
Telephone: 415.434.9100
Facsimile: 415.434.3947
Email: rholland@sheppardmullin.com
dmoini@sheppardmullin.com
Attorneys for Plaintiff
Clerk of the Court
BY:WILLIAM TRUPEK
Deputy Clerk
byousefzadeh@sheppardmullin.com
BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a BENTLY
BIOFUELS COL
ECTION SERVICES, LLC,
SUPERIOR COURT OF TH
E STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
BENTLY BIOFUELS COMPANY LLC d/b/a
BENTLY BIOFUELS COLLECTION
SERVICES, LLC,
Plaintiff,
v.
K. DAVID FISHER; 3D OIL&GREASE,
LLC; and DOES 1-25, inclusive,
Defendants.
Case No. CGC-13-535864
DECLARATION OF DAVID DELUCCHI
IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY
ADJUDICATION
Date: March 12, 2015
Time: 9:30 a.m.
Department: 302
Reservation No. 121714-09
SMRH:435628106.1 DECLARATION OF DAVID DELUCCHI ISO MOTION FOR SUMMARY JUDGMENTwo oN DAH BF BH
NN YN NN NY DYN ee Be eB ewe ee em Be
CNY AH BF wWwBNH KF SO wM IAHR DN HD
I, David Delucchi, declare as follows:
1. I am the Operations and Fleet Manager for Bently Biofuels Collection Services
(“Bently”), Plaintiff in the above-captioned matter. _I have personal knowledge of the facts set
forth below and make this declaration in support of Plaintiff's Motion for Preliminary Injunction.
If sworn as a witness, I could and would testify as set forth herein.
2. As the Operations Manager, my job duties include managing Bently’s California
operations, hiring, implementing and enforcing our safety procedures, purchasing necessary
equipment, ensuring that we comply with the Department of Transportation’s rules and
regulations, and handling our billing and budgets. I am familiar with Defendant K. David Fisher
and his employment at Bently, and was his supervisor when he worked at Bently.
3. Mr. Fisher briefly worked for Bently as a Truck Driver. At Bently, only employees
who need certain types of confidential or proprietary information to perform their job duties are
given access to it. This information includes customer lists and histories, special needs, and
pricing, as well as Bently’s procedures and methods. All employees are prohibited from
disclosing the information and are told that all such information obtained through employment
with Bently is Bently’s sole property,
4, Following the termination of Mr. Fisher’s employment from Bently, Bently
discovered that he was stealing used cooking oil and grease out of Bently’s containers on
customers’ premises, as well as soliciting the business of those customers for Mr. Fisher’s new oil
collection company. Bently has spent hours trying to determine the nature and extent of Mr.
Fisher’s misconduct, as well as significant time and resources to combat and repair the harm
caused to its reputation and business (including relationships with customers).
5. The customers whose cooking oil Mr. Fisher stole and whose business he has
solicited represent approximately 20% of Bently’s total customer base. Bently has received
numerous complaints from its customers and has suffered substantial harm to its reputation and
relationship with those customers.
6. I believe that Mr. Fisher, at the time he engaged in the conduct set forth above,
knew that Bently had exclusive service contracts and/or agreements with its customers. I base this
-l-
DECLARATION OF DAVID DELUCCHI ISO MOTION FOR PRELIMINARY INITINCTION
‘SMRH:418248313.1oOo I AH PF WN
N NN NY NN N NHN mm ee
oI AA BR wBNH KH SOD OI DUH BF wWwN SK SD
statement on the fact that Mr. Fisher worked for Bently (and for Got Grease for years before) and
not only interacted with the customers on a daily basis, but also provided services to them based
on those very agreements with the customers.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed this__/2. day of March 2014, in Rul, onl , California.
David Delucchi
‘SMRH-418248313.1
-2-
SMRH-418248313.1
DECLARATION OF DAVID DELUCCHI ISO MOTION FOR PRELIMINARY INJUNCTION
Preview
w SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations RONALD J. HOLLAND, Cal. Bar No. 148687 ELECTRONICALLY BABAK G. YOUSEFZADEH, Cal. Bar No. 235974 FILED DORNA MOINI, Cal. Bar No, 287115 ‘Superior Court of Caltfornia, Four Embarcadero Center, 17" Floor County of San Francisco San Francisco, California 94111-4109 12/23/2014 Telephone: 415.434.9100 Facsimile: 415.434.3947 Email: rholland@sheppardmullin.com dmoini@sheppardmullin.com Attorneys for Plaintiff Clerk of the Court BY:WILLIAM TRUPEK Deputy Clerk byousefzadeh@sheppardmullin.com BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a BENTLY BIOFUELS COL ECTION SERVICES, LLC, SUPERIOR COURT OF TH E STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BENTLY BIOFUELS COMPANY LLC d/b/a BENTLY BIOFUELS COLLECTION SERVICES, LLC, Plaintiff, v. K. DAVID FISHER; 3D OIL&GREASE, LLC; and DOES 1-25, inclusive, Defendants. Case No. CGC-13-535864 DECLARATION OF DAVID DELUCCHI IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Date: March 12, 2015 Time: 9:30 a.m. Department: 302 Reservation No. 121714-09 SMRH:435628106.1 DECLARATION OF DAVID DELUCCHI ISO MOTION FOR SUMMARY JUDGMENTwo oN DAH BF BH NN YN NN NY DYN ee Be eB ewe ee em Be CNY AH BF wWwBNH KF SO wM IAHR DN HD I, David Delucchi, declare as follows: 1. I am the Operations and Fleet Manager for Bently Biofuels Collection Services (“Bently”), Plaintiff in the above-captioned matter. _I have personal knowledge of the facts set forth below and make this declaration in support of Plaintiff's Motion for Preliminary Injunction. If sworn as a witness, I could and would testify as set forth herein. 2. As the Operations Manager, my job duties include managing Bently’s California operations, hiring, implementing and enforcing our safety procedures, purchasing necessary equipment, ensuring that we comply with the Department of Transportation’s rules and regulations, and handling our billing and budgets. I am familiar with Defendant K. David Fisher and his employment at Bently, and was his supervisor when he worked at Bently. 3. Mr. Fisher briefly worked for Bently as a Truck Driver. At Bently, only employees who need certain types of confidential or proprietary information to perform their job duties are given access to it. This information includes customer lists and histories, special needs, and pricing, as well as Bently’s procedures and methods. All employees are prohibited from disclosing the information and are told that all such information obtained through employment with Bently is Bently’s sole property, 4, Following the termination of Mr. Fisher’s employment from Bently, Bently discovered that he was stealing used cooking oil and grease out of Bently’s containers on customers’ premises, as well as soliciting the business of those customers for Mr. Fisher’s new oil collection company. Bently has spent hours trying to determine the nature and extent of Mr. Fisher’s misconduct, as well as significant time and resources to combat and repair the harm caused to its reputation and business (including relationships with customers). 5. The customers whose cooking oil Mr. Fisher stole and whose business he has solicited represent approximately 20% of Bently’s total customer base. Bently has received numerous complaints from its customers and has suffered substantial harm to its reputation and relationship with those customers. 6. I believe that Mr. Fisher, at the time he engaged in the conduct set forth above, knew that Bently had exclusive service contracts and/or agreements with its customers. I base this -l- DECLARATION OF DAVID DELUCCHI ISO MOTION FOR PRELIMINARY INITINCTION ‘SMRH:418248313.1oOo I AH PF WN N NN NY NN N NHN mm ee oI AA BR wBNH KH SOD OI DUH BF wWwN SK SD statement on the fact that Mr. Fisher worked for Bently (and for Got Grease for years before) and not only interacted with the customers on a daily basis, but also provided services to them based on those very agreements with the customers. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this__/2. day of March 2014, in Rul, onl , California. David Delucchi ‘SMRH-418248313.1 -2- SMRH-418248313.1 DECLARATION OF DAVID DELUCCHI ISO MOTION FOR PRELIMINARY INJUNCTION