Preview
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
ONALD J. HOLLAND, Cal. Bar No. 148687
DORNA MOINI, Cal. Bar No, 287115
Four Embarcadero Center, 17" Floor
San Francisco, California 94111-4109
Telephone: 415.434.9100
Facsimile: 415.434.3947
Email: rholland@sheppardmullin.com
dmoini@sheppardmullin.com
Attorneys for Plaintiff
BENTLY BIOFUELS CO
BIOFUELS COLL
SERVICES, LLC,
SUPE)
BENTLY BIOFUELS COMPANY LLC d/b/a
BENTLY BIOFUELS COLLECTION
SERVICES, LLC,
Plaintiff,
Vv.
K. DAVID FISHER; 3D OIL&GREASE,
LLC; and DOES 1-25, inclusive,
Defendants.
BABAK G. YOUSEFZADEH, Cal. Bar No. 235974
JOR COURT OF TH
ELECTRONICALLY
FILED
Supertor Court of Caiffornia,
County of San Francisco
12/23/2014
Clerk of the Court
BY:WILLIAM TRUPEK
Deputy Clerk
byousefzadeh@sheppardmullin.com
JLECTION SERVICES LLC d/b/a BENTLY
[E STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Case No. CGC-13-535864
DECLARATION OF CARLO LURIIN
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:418248496.2
DECLARATION OF CARLO LURI ISO MOTION FOR SUMMARY JUDGMENTOo ONDA F&F WN |
NN NY NY YD NY NY NY SE H&B Be Be Se Re Be eS
e2AIA DA BF ON YF SGD OA DAN BF WN — CO
I, Carlo Luri, declare as follows:
Ll I am the Director of Business Development for Bently Enterprises, the parent
company of 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. 1 have been employed by Bently since 2002 and have held several different job
positions since that time. I was promoted to Director of Business Development in May of 2013.
As the Director of Business Development, I oversaw the acquisition of Got Grease, LLC (“Got
Grease”), in the fall of 2013 and helped to establish Bently’s facility in Richmond, California. I
am familiar with Defendant K. David Fisher and his employment at Bently,
3. When Bently acquired Got Grease, Got Grease ceased operations as a used cooking
oil collection service. Bently hired Mr. Fisher as a Truck Driver and required him to sign an
Employment Agreement in which he agreed to abide by all Company policies, including those in
the Employee Handbook. Bently requires all employees with access to Bently’s confidential
information to sign employment agreements like the one Mr. Fisher signed, in order to protect the
information from disclosure, as Bently relies on this information to run its business. A true and
correct copy of the Employment Agreement that Mr. Fisher signed is attached hereto as Exhibit
A. A true and correct copy of relevant excerpts of the Employee Handbook that applied to Mr.
Fisher’s employment at Bently is attached hereto as Exhibit B.
4. Bently assigned Mr. Fisher to work with the same customers he had worked with at
Got Grease, in order to provide continuity to its customers. While providing used oil and grease
collection service to these customers, Mr. Fisher wore a Got Grease uniform that identified him to
the customers as an employee of Bently and/or Got Grease (“the Company”).
5. Shortly after Mr. Fisher was terminated from Bently, Bently discovered that Fisher
was using Bently’s information to: (1) impersonate a Company employee and steal used oil from
Bently’s collection bins on its customers’ property; (2) solicit the business of Bently’s customers
for his own competitor company, 3D Oil&Grease; (3) steal Bently’s collection bins, repaint them
-l-
DECLARATION OF CARLO LURI ISO MOTION FOR PRELIMINARY INJUNCTION
SMRH:418248496.2Oo ON KH A FF WN
NN YN HN NN Ye He ee ee Ee ee
CAI A ARH NYH FHF DO WOH IA WH BRB WN — CO
with 3D Oil&Grease’s logo, and/or replace them; and (4) develop the methods, techniques and
processes of his competitor company in order to solicit the business of Bently’s customers, as well
as attract new customers to 3D Oil&Grease.
6. Based on documentary evidence available to the Company, Mr. Fisher has stolen
oil out of the Company’s collection bins from at least twenty of Bently’s customers, several of ,
which he misrepresented himself to as an agent or employee of the Company. These customers
include Grindz, Limon Rotisserie, Mango’s Pier 39, Tacolicious, Q Restaurant, Citizens Band,
Blowfish, Flour and Water, Whiz Burger, Harry’s Bar, Mission Bowl, Beach Chalet, Joe’s of
Westlake, King Wah Restaurant, Zaytoon, Tempest, Southpaw BBQ, Chez Papa, Udupi Palace,
and Waterfront Restaurant. Multiple witnesses have seen Mr. Fisher engage in this conduct, as
well as solicit Bently’s customers’ business.
7. The California Department of Food and Agriculture (“CDFA”), which registers
entities engaged in the oil collection business, recently labeled Fisher a “violator” of the Food and
Agriculture Code and revoked his registration to transport used cooking oil because of his
unlawful activities, relating to the theft of used oil and grease that belonged to other companies
(including Bently). Attached hereto as Exhibit C is a true and correct copy of the CDFA’s
determination from the CDFA’s website, https://apps4.cdfa.ca.gov/ikg/pdf/ViolatorList.pdf, on
February 13, 2014. Even after the CDFA revoked Mr. Fisher’s transportation registration, Mr.
Fisher has continued to steal used oil and containers from Bently and to transport them
unlawfully. A true and correct copy of a February 27, 2014 e-mail from a third party private
investigator, documenting some of this ongoing theft after February 13, 2014, is attached hereto as
Exhibit D.
8. 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, strategies, 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.
-2-
DECLARATION OF CARLO LURI ISO MOTION FOR PRELIMINARY INJUNCTION
SMRH:418248496.2oO ONIN AH BBN |
NN NY NY NHN NY KB DB Nw eee
SIA AA RB HKH KF SDH AA DA WR KW NH SK SO
9. Mr. Fisher does not have, and has never had, Bently’s permission to use Bently’s
confidential customer information for his own use or to disclose it to any third party, including 3D
Oil&Grease, LLC.
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 CE California.
farlo,
‘SMRH:418248496.2
-3-
DECLARATION OF CARLO LURI ISO MOTION FOR PRELIMINARY INJUNCTION
SMRH:418248496.2EXHIBIT AEmployment Agreement
For: K. David Fisher
| accept employment with Bently Biofuel Collection Services commencing on August 30, 2013.
(understand my position title to be a CDL Class B Truck Driver with a starting rate of 21.50 per HOUR.
Policy l understand that the standards and policies of Bently Biofuel Collection Services are set forth in the
Employee Handbook, which | agree to read, accept and follow to the best of my ability. Future revisions
to the Employee Handbook will be posted and my responsibility is to record these revisions in my copy of
the Employee Handbook and to follow the action described. Violation of the Company Policy described in
the Employee Handbook, Policy and Procedures Manual and revisions thereto are subject to discipline,
up to and including termination.
Wage
Adjustment | accept my starting wage as a fair and equitable rate for the position offered to me and understand that
all future increases or decreases will be made in accordance with my job performance. My job
performance will be reviewed in a timely fashion and merit increases, if earned, may be awarded. If
circumstances require (such as promotion, demotion or transfer), a special performance review may be
given at any time the company deems necessary.
Safety | understand that Safety is an integral part of my job with Bently Biofuel Collection Services. | agree to
keep myself informed of all Bently Biofuel Collection Services safe-work procedures and practices in my
working area and to follow them completely. | am responsible for making sure that ail persons coming
into my work area are informed of our safety requirements. | must abide by ail of the safety requirements
of other working areas of Bently Holdings California LP that | may enter for any reason.
Security | understand that all materials marked Company Confidential or information of a proprietary nature or
obtained in confidence, including but not limited to customer lists, procedures, software, documents,
designs, materials and products are the sole property of Bently Biofuel Collection Services and are
confidential. | agree that | will not disclose any such information in any form or format, except in the
regular course of my employment as approved by my supervisor or manager, to any outside party or
parties either during my employment, or for 3 years after the termination of my employment with Bently
Biofuel Collection Services.
| understand that in exchange for my agreed upon compensation, | agree that all intellectual property
such as inventions, formulas, trade secrets, techniques and processes whether or not patentable, made
or conceived either solely or in conjunction with others during the period of my employment, which relate
to or result from the actual or demonstrably anticipated business, work, or research and development of
the company are and shall remain the sole property of Bently Biofuel Collection Services, and all such
intellectual property shall be assigned to Bently Biofuel Collection Services.
{understand that all property of Bently Biofuel Collection Services including all work materials, furniture,
equipment, supplies, parts, products, telephones and vehicles are for the sole use of the operation of the
Company and that any private use, abuse, misappropriation or destruction of the Company property is
prohibited.
Acceptance During the period of my employment | agree to abide by the policies and procedures of Bently Biofuel
Collection Services as they may be amended from time to time. | have read and understand the
Employee Handbook.
| understand and agree that my employment is at will, and that this agreement is regarding
conduct during and after employment, it is not a contract regarding continued employment, it is
for no definite period and may, regardless of the date of payment of any wages and salary, be
terminated at any time without my previous notice or cause.
a. Qo) Ph Asa 30° 9-03 YU 10/30/2013
ot Wate
Employee Signatu re H.R. Representative Signature DateEXHIBIT BBENTLY BIOFUELS COLLECTION
SERVICES
COLLECTION SERVICESINTRODUCTION 5
HISTORY 6
COMPANY POLICIES 7
Right to Revise 7
At-Will Employment Status 7
Equal Employment Opportunity 8
Unlawful Harassment 9
EMPLOYMENT GUIDELINES 12
Accidents 12
Aircraft, Use of 12
Attendance 12
Automobiles ~ Use of Personal 13
Badges 14
Blogging and Websites 14
Bulletin Board 14
Cell Phones 15
Charitable Contributions 15
Chemicals 16
Compensation 16
Computer Integrity 16
Confidentiality 17
Conflicts of Interest 18
Creative Endeavors 19
Dress and Grooming 19
Electronic Communications 19
Emergencies 20
Employment Procedures 20
Environment 21
Exit Interview 21
Fire 21
First Aid 21
Gifts 22Hazardous Communications Training
Hours of Work
Internal Audit
Job Descriptions
Job Posting - See Transfers and Promotions
Keys and Locks
Lost and Found
Lunch Periods
Open House Tours
Outside Employment
Overtime
Part-time Employees
Paychecks
Performance Evaluation
Personal Property
Personnel Records
Policies and Procedures
Political Activity
Prohibited Conduct
Rehire Status
Relatives - Employment of
Resignation
Resource Conservation
Rest Periods
Safety
Security
Smoking Areas
Solicitations
Tardiness
Telephones
Termination
Time Reporting
Tools
Transfers and Promotions
Visitors
22
22
23
23
23
23
23
24
24
24
25
25
26
26
27
27
27
28
28
30
30
30
30
31
32
33
34
34
34
35
35
35
36
36
37Wage Assignment (Garnishments and Tax Levies) 37
Worker's Compensation - For Job-Related Injuries 37
BENEFITS, TIME OFF, AND LEAVES OF ABSENCE 38
Benefits 38
Educational Assistance 38
Funeral Leave (Bereavement Leave) 39
Holidays 39
Insurance - See Benefits 40
Jury and Witness Duty 40
Military Leave (Short-Term) 41
Military Leave (Long-Term) 41
Military Spouse Leave 42
Paid Time Off (PTO) 42
Personal Leave (Unpaid) 43
Pregnancy Disability Leave 44
Profit Sharing 46
School Disciplinary Action Leave 46
Time Off for Voting 46
Volunteer Civil Service Leave 46Company provided computers are the sole property of the Company and are provided
for the sole purpose of conducting Company business. Information contained on the
Computer may be audited, reviewed, copied, or accessed by Company management or
the Security Department at any time.
Confidentiality
Employees must protect BBCS’s trade secrets and other confidential information from
disclosure to anyone, except where that disclosure is required by their jobs.
This policy is intended to protect BBCS's legitimate interests and does not preclude
employees from discussing the terms and conditions of their employment.
For example, the following types of information should be considered confidential:
Information gained in the course of their work except when disclosure is authorized,
or unless legally required to do so.
Executive personnel travel itineraries (dates, times and travel locations) for safety
purposes, unless authorized by proper authority.
Passwords and access codes
Individual employment records
Customer lists and histories
Sources of supply
Acquisition plans
Production plans
Financial statements
Pricing data
Marketing data and strategies
Research projects
Inventions, machines and devices
Compilations and compositionsFormulas and algorithms
Patterns and designs
Methods, processes and techniques
Computer programs and object and source codes
Systems and their documentation
Other non-public business and technical information, whether related to past,
present or future products and services.
Employees must also take care to not use or appear to use confidential information for
unethical or illegal advantage either personally or through other parties.
If you are unsure about whether any particular item of information is confidential, you
should assume that it is confidential and ask your supervisor. Employees who disclose
trade secrets or other confidential information are subject to disciplinary action or
immediate termination.
Furthermore, even after you are no longer employed by BBCS, you may not disclose the
trade secrets and other confidential information you've obtained through the course of
your employment to anyone.
Conflicts of Interest
The Company expects all employees to devote their full-time energy to the Company
during working hours; to be loyal to professional relationships with co-employees,
supervisors, and subordinates at all times; and to avoid any personal, business, or
social relationships which could create actual, potential, or apparent conflicts of
interest, divisions of loyalty, or which could in any way distract from the performance
of their job responsibilities. The Company expects supervisors to avoid any situation or
relationship with an employee which could give rise to complaints of favoritism, lack of
objectivity, or adversely affect employee morale in any way.
Any actual or potential conflict of interest should be brought to the attention of your
supervisor and/or the Human Resources Department as soon as possible so that
appropriate action can be taken.EXHIBIT Cyyor ated
zebnys. “ese -] jaoow oF
pauujuco jeluap zieeh Ova aioow. | alueudas
é
z1-280-05 besser ovssipose | }
ayersules . “(uonenD) LEBo-L | tesodsia? es
zrozuer, | 0008S Bujoog geo] 4°69
jewea 0} SOON ‘Lb-042
a
coos. | o00z$ 08S ex setesh, s19M4 VOID | als onaig
bepowe | Hadyve2 | OVI AON Heidv-et | stazmauen |
i
< pL¥aIOL¥z OA | ‘
WIN 8122-9. t
etannez @ADeU PaIePAC ‘eres “(@)olest Ovs I .
zeer-et + sine,
eid Aung easeai9 09
ya90 9800 pened prea
zi-ueryz
“Ladys "Fl-aed 2b i
0b DA 3
ano zi-Gny-Lt i
ue PRMD ;
2201 i
" . id
sevodsuer, oni | osz'is "| oos'ss ove: | G4 PUN EI a !
joremetias jawed] of-unr-ez |. o-uneez | ts aa edee| 24882905 | uc
asuenteneg. | 00028 | odzs ons [® PSU Ge eUmedEO| “suo dois, [PMH Ur OMA
worpajiog mau | eordes-ti | BOMESLE | Gots LooG-L: i
relvag 11-2806 : fF jroo i
‘1das-9z '0l-o20-h} i
‘oFsdy-rh “bordaszt 4
“BO-IM-Z "90-90-82, i
(hotest ‘setest Ovs aes i .
suonsano | - 000'0KS | ab-fevrez‘zivd¥t | acpaig. | BUEOH
puss: | zor | ‘ziseWoe ZEW. | Sy stonjoyg | UY eUNdeS
: tease “10S | nen use
eisew-sz |. 008 5 zanbypoy |”
vers | znpons | Ses ovsziverier | westtd | Yoouasy
oss 4 (ores ows Buypfoay €
erverrat: [OSS 20+ TENS vas _ | Sud vees
ons TuETIOD z
oszs 4 oes SvsthI90-s2 | asea9
zePOst worbuusen | “ON
7 ¥
suorieioin 1
yo woneueydeg 20) api |
uonnsasosg on ioutkeg Ayjeuag | eereemte | owen |
ed seaddy 01 29n0N=VIN. JBUMO
eur, Bai
yearns yojewoa - | Ayeuag | PM2A%T | sposapiier-on apo | Aueduien |
Feanynaysdy pue poos=I¥I 1
worejoIn apy
5 ¥ > z 3 a 3 @ ¥
pauparr'eo'r0.sy 0121014, rafegpjoz ated
7 w
2 . (as'ese0r i
> ws SL som 00's A wowabeuen]
Se4eha eH | oed zis] zitonroe- |. @LELOLOVA -- | aera nea| {AM
a eos, shee tt
‘wouaies aise L %
uosud yjuow g saljunyio) soses Oyt nebo sor
ven vena uewed {g) ¥a90 Z1-Gny-02, i
Gada Fp pre Soe %
‘dn vee! ezoar's'osve'z00b2 | ceasing | doqesey
szas.an wee ASL2S | curenagjomno | 2962s “phiez'ooszr'ouve | “Sten | See
un paid seoudey | peNRM
zistny-eb ‘9A-va90 t
5 KIBGDES_] et
one's boe'ss ook (e)orest Buiduing | uibew wo)
zi-son-oe | “o0e6Lovd ziades-+z | tenog :
so
¥a90 Bulpuad o zi000'6t Vd00 VN
np. }-UPJEW-S () ob€et Ova Ztadag-9} / Burduing,
e102 1eueq (eXe)oz"081 Ova Sean
Zi-ides-ot zi-Bny-1e
Zioz wea wey He
Freres. |... @s'etest ‘vorsl] | senpoidke
oo'ns | C08BE Ova Zt-Onv-06 ieyseo9}
IOS
tiadas-yz| 30} 0518, t ose‘ i
auy pue eaid hung| papayen 00 dare ‘ooadz ee
=¥a Aino abuei9| vao0 i
Zb-PO-L : L
s'0086 OW Ob i *
serest ©) orest Oval’ eouoiny | ~ érzepjo.t
orsestie “6080-81, pesopoig | Jezeyea
“BONG 'LO-190°62 ad
> Sunejorn oOSS: s a j *
* oniisi6—s zeunr-gz | SPle61 Welolest OVA | igen | |
jo prespyIM: ooss. ovis, | Heeqz von yous | SZ Sprigoy
_|parsanbarxonqou}| 0001S | (ggg) sepig [EE BAV-S SF EIEBL| ongiyy | 2eUldors¥uD
zhune-sz puoyeindyg |'Fereél OVS OLadas-e2| .
- oridesez | t
: : = e
; suowoico |. dov'ed. || SX (orREE Dui
| orpuas | zi-a0n-az Feuneay sseusna Lal
DUET a
eousisul he
fetuap eb-das- 164 Ov: asealg
2 seis SexOUS !
FEET OWI ~ i
08. AON Z-AON-ez | Guo BuresH
peoaae | MR? | 00s | Seles: (@orest ova | Suppfooy | Seno
un-ah! teosaz | xonng | - PON.
‘ibnon-ab ‘i tades-oz 1
T
suonejoin, i
5s ‘je asiawuitdg 20) pres i
uojnsdsoig”, | YOREASHHEM | pom—DH | jaugy | PubemuseDes, |S son |
cuits do asuaon | auourked | 15 gay, |. 2e8ddvetomovemn | an faumo
' yoyetueg Ayeuag |” 2p0D APIYEA=DA. 20D moo
teansinojy pue poos= vs |
wOHEIOIA BpoD :
3 v > 3 3 a 3 g v
PauparT60'T0 51 sOVeIO1A,
za8edpjog ated
5 = ve
eb-P0-9%. = ¥ 0086 sienjog
* ¥aI0 Feld AND Ova WIN ebSny-9z |... JoqieH
o> fe
Lezy
zLveON cones
‘oats eaid Ang» MY
syheyree =
‘Avo sotiodsties,
Oy a1e7SUISR
eras s 2 . baer of
ssveorrseueg | 00's. | odo'es | MES! REELS! | aseoio ion
uogoaiog pur: :
‘Bay sopoduesy, .
yew:
ELEN ex (e)oLest
. 6
Seu ovodsueh : exs'etesl ons
yt e1weG Wd ZI-AON-FL AON t
5 BME Si os ued oF
Jéj wailodsuesy’ S : i
‘onl aesuIY vxeunday suunyer | srleinainas
1080-10. aseai .' | “yseoloigIN
“Gay sapodsuesy AH | gievog | MINIONS | sui
e 2eotldy 01 2NON=VIN
eur: IAID Ana” ~
reps “yoyeiusa’ | Aajeuag’| BP®7 | spon epuensan spdy | Aueduod
feanyyrop ay pur poos< us
vonesoIA apoy
3 ¥ o a o Nl wi 7 x t 7 a 5 a 3 a 2 a v
PBUBAPT GOTO Is JOIEION odepop atee
‘0% i %
Bai savodsuens| bxsoesTavFEEAON-T2| jesodsia uN] UokUGOY spLY
‘oy ieusa] weg i
S i te
os SS eTRST“EtEsT| sews} |
‘oteeravape-uerie‘eH| sais prsea 9
§ pur woe)“,
290-62 ‘E1-20-EE'EF-PO-8| }
3
‘ont Tx bzosEt YH]
vi07| cies NEO . ssBeuey
sme remanence
% wuadl * speed ° ‘ui Wo
eatin leetésr vs non resavet wor doves
5 S ; =
e1ac-0: soos)" | ouLeligen | peisaony
‘¥G90 Paid Pe ‘OVA VIN ef-Sny6z puerg — | werljyy uovke|
2 suopejin ed
: vis ebook a 5 2 | gouopeuejaia 103 apr)
5 uolensiay | paniaray . anus se
oj aoa Lruouieg | ME | eivomann | Se | faumo
r i avaddy 0} a0nON-WAN |
ny AID Ani VAN | ‘
teow Aajeuiog | AM | apoo apiten-on poo | Aueduion.| >
oe eanaysopy pule pooasov | =~ :
wonejoIA apo> ;
3 ¥ 3 i z a 3 z ¥
auIpapt 60°TO st s0VeIOIA,
pategEXHIBIT DBegin forwarded message:
From: "Pete Siragusa"
Date: February 27, 2014 at 7:31:04 AM PST
To: "Brady J. Frey" , "Carlo Luri"
Subject: FW: Feb 25th list of Restaurants
Stops on February 25th
1.Pollo Supremo- 2740 Mission St, San Francisco
2.Hua's World- 950 Geneva St, San Francisco
3.Little Hunan- 6127 Mission St,. Daly City
4.La Grotta- 2590 Mission St, San Francisco
5.Dear Mom- 2700 16th Street, San Francisco6.Zynga- 699 8th Street, San Francisco
Stops on February 26th
1.FuzeBar- 2311 Magnolia Street, Oakland
2.Fang- 660 Howard Street, San Francisco
3.W Hotel- 181 3rd Street, San Francisco
4.Unidentifed Business- 933 19th Ave San Francisco
Here are a few places, there are a few more that I have to look into to get exact address.
Unknown Busincss-3333 18" Street-San Francisco, CA 94110
Limon-524 Valencia Street, San Francisco, CA 94110
Wise Sons Delicatessen 3150 24" Street -San Francisco, CA 94110
Umbria-198 2™ Street -San Francisco, CA 94105
Preview
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations ONALD J. HOLLAND, Cal. Bar No. 148687 DORNA MOINI, Cal. Bar No, 287115 Four Embarcadero Center, 17" Floor San Francisco, California 94111-4109 Telephone: 415.434.9100 Facsimile: 415.434.3947 Email: rholland@sheppardmullin.com dmoini@sheppardmullin.com Attorneys for Plaintiff BENTLY BIOFUELS CO BIOFUELS COLL SERVICES, LLC, SUPE) BENTLY BIOFUELS COMPANY LLC d/b/a BENTLY BIOFUELS COLLECTION SERVICES, LLC, Plaintiff, Vv. K. DAVID FISHER; 3D OIL&GREASE, LLC; and DOES 1-25, inclusive, Defendants. BABAK G. YOUSEFZADEH, Cal. Bar No. 235974 JOR COURT OF TH ELECTRONICALLY FILED Supertor Court of Caiffornia, County of San Francisco 12/23/2014 Clerk of the Court BY:WILLIAM TRUPEK Deputy Clerk byousefzadeh@sheppardmullin.com JLECTION SERVICES LLC d/b/a BENTLY [E STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO Case No. CGC-13-535864 DECLARATION OF CARLO LURIIN 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:418248496.2 DECLARATION OF CARLO LURI ISO MOTION FOR SUMMARY JUDGMENTOo ONDA F&F WN | NN NY NY YD NY NY NY SE H&B Be Be Se Re Be eS e2AIA DA BF ON YF SGD OA DAN BF WN — CO I, Carlo Luri, declare as follows: Ll I am the Director of Business Development for Bently Enterprises, the parent company of 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. 1 have been employed by Bently since 2002 and have held several different job positions since that time. I was promoted to Director of Business Development in May of 2013. As the Director of Business Development, I oversaw the acquisition of Got Grease, LLC (“Got Grease”), in the fall of 2013 and helped to establish Bently’s facility in Richmond, California. I am familiar with Defendant K. David Fisher and his employment at Bently, 3. When Bently acquired Got Grease, Got Grease ceased operations as a used cooking oil collection service. Bently hired Mr. Fisher as a Truck Driver and required him to sign an Employment Agreement in which he agreed to abide by all Company policies, including those in the Employee Handbook. Bently requires all employees with access to Bently’s confidential information to sign employment agreements like the one Mr. Fisher signed, in order to protect the information from disclosure, as Bently relies on this information to run its business. A true and correct copy of the Employment Agreement that Mr. Fisher signed is attached hereto as Exhibit A. A true and correct copy of relevant excerpts of the Employee Handbook that applied to Mr. Fisher’s employment at Bently is attached hereto as Exhibit B. 4. Bently assigned Mr. Fisher to work with the same customers he had worked with at Got Grease, in order to provide continuity to its customers. While providing used oil and grease collection service to these customers, Mr. Fisher wore a Got Grease uniform that identified him to the customers as an employee of Bently and/or Got Grease (“the Company”). 5. Shortly after Mr. Fisher was terminated from Bently, Bently discovered that Fisher was using Bently’s information to: (1) impersonate a Company employee and steal used oil from Bently’s collection bins on its customers’ property; (2) solicit the business of Bently’s customers for his own competitor company, 3D Oil&Grease; (3) steal Bently’s collection bins, repaint them -l- DECLARATION OF CARLO LURI ISO MOTION FOR PRELIMINARY INJUNCTION SMRH:418248496.2Oo ON KH A FF WN NN YN HN NN Ye He ee ee Ee ee CAI A ARH NYH FHF DO WOH IA WH BRB WN — CO with 3D Oil&Grease’s logo, and/or replace them; and (4) develop the methods, techniques and processes of his competitor company in order to solicit the business of Bently’s customers, as well as attract new customers to 3D Oil&Grease. 6. Based on documentary evidence available to the Company, Mr. Fisher has stolen oil out of the Company’s collection bins from at least twenty of Bently’s customers, several of , which he misrepresented himself to as an agent or employee of the Company. These customers include Grindz, Limon Rotisserie, Mango’s Pier 39, Tacolicious, Q Restaurant, Citizens Band, Blowfish, Flour and Water, Whiz Burger, Harry’s Bar, Mission Bowl, Beach Chalet, Joe’s of Westlake, King Wah Restaurant, Zaytoon, Tempest, Southpaw BBQ, Chez Papa, Udupi Palace, and Waterfront Restaurant. Multiple witnesses have seen Mr. Fisher engage in this conduct, as well as solicit Bently’s customers’ business. 7. The California Department of Food and Agriculture (“CDFA”), which registers entities engaged in the oil collection business, recently labeled Fisher a “violator” of the Food and Agriculture Code and revoked his registration to transport used cooking oil because of his unlawful activities, relating to the theft of used oil and grease that belonged to other companies (including Bently). Attached hereto as Exhibit C is a true and correct copy of the CDFA’s determination from the CDFA’s website, https://apps4.cdfa.ca.gov/ikg/pdf/ViolatorList.pdf, on February 13, 2014. Even after the CDFA revoked Mr. Fisher’s transportation registration, Mr. Fisher has continued to steal used oil and containers from Bently and to transport them unlawfully. A true and correct copy of a February 27, 2014 e-mail from a third party private investigator, documenting some of this ongoing theft after February 13, 2014, is attached hereto as Exhibit D. 8. 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, strategies, 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. -2- DECLARATION OF CARLO LURI ISO MOTION FOR PRELIMINARY INJUNCTION SMRH:418248496.2oO ONIN AH BBN | NN NY NY NHN NY KB DB Nw eee SIA AA RB HKH KF SDH AA DA WR KW NH SK SO 9. Mr. Fisher does not have, and has never had, Bently’s permission to use Bently’s confidential customer information for his own use or to disclose it to any third party, including 3D Oil&Grease, LLC. 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 CE California. farlo, ‘SMRH:418248496.2 -3- DECLARATION OF CARLO LURI ISO MOTION FOR PRELIMINARY INJUNCTION SMRH:418248496.2EXHIBIT AEmployment Agreement For: K. David Fisher | accept employment with Bently Biofuel Collection Services commencing on August 30, 2013. (understand my position title to be a CDL Class B Truck Driver with a starting rate of 21.50 per HOUR. Policy l understand that the standards and policies of Bently Biofuel Collection Services are set forth in the Employee Handbook, which | agree to read, accept and follow to the best of my ability. Future revisions to the Employee Handbook will be posted and my responsibility is to record these revisions in my copy of the Employee Handbook and to follow the action described. Violation of the Company Policy described in the Employee Handbook, Policy and Procedures Manual and revisions thereto are subject to discipline, up to and including termination. Wage Adjustment | accept my starting wage as a fair and equitable rate for the position offered to me and understand that all future increases or decreases will be made in accordance with my job performance. My job performance will be reviewed in a timely fashion and merit increases, if earned, may be awarded. If circumstances require (such as promotion, demotion or transfer), a special performance review may be given at any time the company deems necessary. Safety | understand that Safety is an integral part of my job with Bently Biofuel Collection Services. | agree to keep myself informed of all Bently Biofuel Collection Services safe-work procedures and practices in my working area and to follow them completely. | am responsible for making sure that ail persons coming into my work area are informed of our safety requirements. | must abide by ail of the safety requirements of other working areas of Bently Holdings California LP that | may enter for any reason. Security | understand that all materials marked Company Confidential or information of a proprietary nature or obtained in confidence, including but not limited to customer lists, procedures, software, documents, designs, materials and products are the sole property of Bently Biofuel Collection Services and are confidential. | agree that | will not disclose any such information in any form or format, except in the regular course of my employment as approved by my supervisor or manager, to any outside party or parties either during my employment, or for 3 years after the termination of my employment with Bently Biofuel Collection Services. | understand that in exchange for my agreed upon compensation, | agree that all intellectual property such as inventions, formulas, trade secrets, techniques and processes whether or not patentable, made or conceived either solely or in conjunction with others during the period of my employment, which relate to or result from the actual or demonstrably anticipated business, work, or research and development of the company are and shall remain the sole property of Bently Biofuel Collection Services, and all such intellectual property shall be assigned to Bently Biofuel Collection Services. {understand that all property of Bently Biofuel Collection Services including all work materials, furniture, equipment, supplies, parts, products, telephones and vehicles are for the sole use of the operation of the Company and that any private use, abuse, misappropriation or destruction of the Company property is prohibited. Acceptance During the period of my employment | agree to abide by the policies and procedures of Bently Biofuel Collection Services as they may be amended from time to time. | have read and understand the Employee Handbook. | understand and agree that my employment is at will, and that this agreement is regarding conduct during and after employment, it is not a contract regarding continued employment, it is for no definite period and may, regardless of the date of payment of any wages and salary, be terminated at any time without my previous notice or cause. a. Qo) Ph Asa 30° 9-03 YU 10/30/2013 ot Wate Employee Signatu re H.R. Representative Signature DateEXHIBIT BBENTLY BIOFUELS COLLECTION SERVICES COLLECTION SERVICESINTRODUCTION 5 HISTORY 6 COMPANY POLICIES 7 Right to Revise 7 At-Will Employment Status 7 Equal Employment Opportunity 8 Unlawful Harassment 9 EMPLOYMENT GUIDELINES 12 Accidents 12 Aircraft, Use of 12 Attendance 12 Automobiles ~ Use of Personal 13 Badges 14 Blogging and Websites 14 Bulletin Board 14 Cell Phones 15 Charitable Contributions 15 Chemicals 16 Compensation 16 Computer Integrity 16 Confidentiality 17 Conflicts of Interest 18 Creative Endeavors 19 Dress and Grooming 19 Electronic Communications 19 Emergencies 20 Employment Procedures 20 Environment 21 Exit Interview 21 Fire 21 First Aid 21 Gifts 22Hazardous Communications Training Hours of Work Internal Audit Job Descriptions Job Posting - See Transfers and Promotions Keys and Locks Lost and Found Lunch Periods Open House Tours Outside Employment Overtime Part-time Employees Paychecks Performance Evaluation Personal Property Personnel Records Policies and Procedures Political Activity Prohibited Conduct Rehire Status Relatives - Employment of Resignation Resource Conservation Rest Periods Safety Security Smoking Areas Solicitations Tardiness Telephones Termination Time Reporting Tools Transfers and Promotions Visitors 22 22 23 23 23 23 23 24 24 24 25 25 26 26 27 27 27 28 28 30 30 30 30 31 32 33 34 34 34 35 35 35 36 36 37Wage Assignment (Garnishments and Tax Levies) 37 Worker's Compensation - For Job-Related Injuries 37 BENEFITS, TIME OFF, AND LEAVES OF ABSENCE 38 Benefits 38 Educational Assistance 38 Funeral Leave (Bereavement Leave) 39 Holidays 39 Insurance - See Benefits 40 Jury and Witness Duty 40 Military Leave (Short-Term) 41 Military Leave (Long-Term) 41 Military Spouse Leave 42 Paid Time Off (PTO) 42 Personal Leave (Unpaid) 43 Pregnancy Disability Leave 44 Profit Sharing 46 School Disciplinary Action Leave 46 Time Off for Voting 46 Volunteer Civil Service Leave 46Company provided computers are the sole property of the Company and are provided for the sole purpose of conducting Company business. Information contained on the Computer may be audited, reviewed, copied, or accessed by Company management or the Security Department at any time. Confidentiality Employees must protect BBCS’s trade secrets and other confidential information from disclosure to anyone, except where that disclosure is required by their jobs. This policy is intended to protect BBCS's legitimate interests and does not preclude employees from discussing the terms and conditions of their employment. For example, the following types of information should be considered confidential: Information gained in the course of their work except when disclosure is authorized, or unless legally required to do so. Executive personnel travel itineraries (dates, times and travel locations) for safety purposes, unless authorized by proper authority. Passwords and access codes Individual employment records Customer lists and histories Sources of supply Acquisition plans Production plans Financial statements Pricing data Marketing data and strategies Research projects Inventions, machines and devices Compilations and compositionsFormulas and algorithms Patterns and designs Methods, processes and techniques Computer programs and object and source codes Systems and their documentation Other non-public business and technical information, whether related to past, present or future products and services. Employees must also take care to not use or appear to use confidential information for unethical or illegal advantage either personally or through other parties. If you are unsure about whether any particular item of information is confidential, you should assume that it is confidential and ask your supervisor. Employees who disclose trade secrets or other confidential information are subject to disciplinary action or immediate termination. Furthermore, even after you are no longer employed by BBCS, you may not disclose the trade secrets and other confidential information you've obtained through the course of your employment to anyone. Conflicts of Interest The Company expects all employees to devote their full-time energy to the Company during working hours; to be loyal to professional relationships with co-employees, supervisors, and subordinates at all times; and to avoid any personal, business, or social relationships which could create actual, potential, or apparent conflicts of interest, divisions of loyalty, or which could in any way distract from the performance of their job responsibilities. The Company expects supervisors to avoid any situation or relationship with an employee which could give rise to complaints of favoritism, lack of objectivity, or adversely affect employee morale in any way. Any actual or potential conflict of interest should be brought to the attention of your supervisor and/or the Human Resources Department as soon as possible so that appropriate action can be taken.EXHIBIT Cyyor ated zebnys. “ese -] jaoow oF pauujuco jeluap zieeh Ova aioow. | alueudas é z1-280-05 besser ovssipose | } ayersules . “(uonenD) LEBo-L | tesodsia? es zrozuer, | 0008S Bujoog geo] 4°69 jewea 0} SOON ‘Lb-042 a coos. | o00z$ 08S ex setesh, s19M4 VOID | als onaig bepowe | Hadyve2 | OVI AON Heidv-et | stazmauen | i < pL¥aIOL¥z OA | ‘ WIN 8122-9. t etannez @ADeU PaIePAC ‘eres “(@)olest Ovs I . zeer-et + sine, eid Aung easeai9 09 ya90 9800 pened prea zi-ueryz “Ladys "Fl-aed 2b i 0b DA 3 ano zi-Gny-Lt i ue PRMD ; 2201 i " . id sevodsuer, oni | osz'is "| oos'ss ove: | G4 PUN EI a ! joremetias jawed] of-unr-ez |. o-uneez | ts aa edee| 24882905 | uc asuenteneg. | 00028 | odzs ons [® PSU Ge eUmedEO| “suo dois, [PMH Ur OMA worpajiog mau | eordes-ti | BOMESLE | Gots LooG-L: i relvag 11-2806 : fF jroo i ‘1das-9z '0l-o20-h} i ‘oFsdy-rh “bordaszt 4 “BO-IM-Z "90-90-82, i (hotest ‘setest Ovs aes i . suonsano | - 000'0KS | ab-fevrez‘zivd¥t | acpaig. | BUEOH puss: | zor | ‘ziseWoe ZEW. | Sy stonjoyg | UY eUNdeS : tease “10S | nen use eisew-sz |. 008 5 zanbypoy |” vers | znpons | Ses ovsziverier | westtd | Yoouasy oss 4 (ores ows Buypfoay € erverrat: [OSS 20+ TENS vas _ | Sud vees ons TuETIOD z oszs 4 oes SvsthI90-s2 | asea9 zePOst worbuusen | “ON 7 ¥ suorieioin 1 yo woneueydeg 20) api | uonnsasosg on ioutkeg Ayjeuag | eereemte | owen | ed seaddy 01 29n0N=VIN. JBUMO eur, Bai yearns yojewoa - | Ayeuag | PM2A%T | sposapiier-on apo | Aueduien | Feanynaysdy pue poos=I¥I 1 worejoIn apy 5 ¥ > z 3 a 3 @ ¥ pauparr'eo'r0.sy 0121014, rafegpjoz ated 7 w 2 . (as'ese0r i > ws SL som 00's A wowabeuen] Se4eha eH | oed zis] zitonroe- |. @LELOLOVA -- | aera nea| {AM a eos, shee tt ‘wouaies aise L % uosud yjuow g saljunyio) soses Oyt nebo sor ven vena uewed {g) ¥a90 Z1-Gny-02, i Gada Fp pre Soe % ‘dn vee! ezoar's'osve'z00b2 | ceasing | doqesey szas.an wee ASL2S | curenagjomno | 2962s “phiez'ooszr'ouve | “Sten | See un paid seoudey | peNRM zistny-eb ‘9A-va90 t 5 KIBGDES_] et one's boe'ss ook (e)orest Buiduing | uibew wo) zi-son-oe | “o0e6Lovd ziades-+z | tenog : so ¥a90 Bulpuad o zi000'6t Vd00 VN np. }-UPJEW-S () ob€et Ova Ztadag-9} / Burduing, e102 1eueq (eXe)oz"081 Ova Sean Zi-ides-ot zi-Bny-1e Zioz wea wey He Freres. |... @s'etest ‘vorsl] | senpoidke oo'ns | C08BE Ova Zt-Onv-06 ieyseo9} IOS tiadas-yz| 30} 0518, t ose‘ i auy pue eaid hung| papayen 00 dare ‘ooadz ee =¥a Aino abuei9| vao0 i Zb-PO-L : L s'0086 OW Ob i * serest ©) orest Oval’ eouoiny | ~ érzepjo.t orsestie “6080-81, pesopoig | Jezeyea “BONG 'LO-190°62 ad > Sunejorn oOSS: s a j * * oniisi6—s zeunr-gz | SPle61 Welolest OVA | igen | | jo prespyIM: ooss. ovis, | Heeqz von yous | SZ Sprigoy _|parsanbarxonqou}| 0001S | (ggg) sepig [EE BAV-S SF EIEBL| ongiyy | 2eUldors¥uD zhune-sz puoyeindyg |'Fereél OVS OLadas-e2| . - oridesez | t : : = e ; suowoico |. dov'ed. || SX (orREE Dui | orpuas | zi-a0n-az Feuneay sseusna Lal DUET a eousisul he fetuap eb-das- 164 Ov: asealg 2 seis SexOUS ! FEET OWI ~ i 08. AON Z-AON-ez | Guo BuresH peoaae | MR? | 00s | Seles: (@orest ova | Suppfooy | Seno un-ah! teosaz | xonng | - PON. ‘ibnon-ab ‘i tades-oz 1 T suonejoin, i 5s ‘je asiawuitdg 20) pres i uojnsdsoig”, | YOREASHHEM | pom—DH | jaugy | PubemuseDes, |S son | cuits do asuaon | auourked | 15 gay, |. 2e8ddvetomovemn | an faumo ' yoyetueg Ayeuag |” 2p0D APIYEA=DA. 20D moo teansinojy pue poos= vs | wOHEIOIA BpoD : 3 v > 3 3 a 3 g v PauparT60'T0 51 sOVeIO1A, za8edpjog ated 5 = ve eb-P0-9%. = ¥ 0086 sienjog * ¥aI0 Feld AND Ova WIN ebSny-9z |... JoqieH o> fe Lezy zLveON cones ‘oats eaid Ang» MY syheyree = ‘Avo sotiodsties, Oy a1e7SUISR eras s 2 . baer of ssveorrseueg | 00's. | odo'es | MES! REELS! | aseoio ion uogoaiog pur: : ‘Bay sopoduesy, . yew: ELEN ex (e)oLest . 6 Seu ovodsueh : exs'etesl ons yt e1weG Wd ZI-AON-FL AON t 5 BME Si os ued oF Jéj wailodsuesy’ S : i ‘onl aesuIY vxeunday suunyer | srleinainas 1080-10. aseai .' | “yseoloigIN “Gay sapodsuesy AH | gievog | MINIONS | sui e 2eotldy 01 2NON=VIN eur: IAID Ana” ~ reps “yoyeiusa’ | Aajeuag’| BP®7 | spon epuensan spdy | Aueduod feanyyrop ay pur poos< us vonesoIA apoy 3 ¥ o a o Nl wi 7 x t 7 a 5 a 3 a 2 a v PBUBAPT GOTO Is JOIEION odepop atee ‘0% i % Bai savodsuens| bxsoesTavFEEAON-T2| jesodsia uN] UokUGOY spLY ‘oy ieusa] weg i S i te os SS eTRST“EtEsT| sews} | ‘oteeravape-uerie‘eH| sais prsea 9 § pur woe)“, 290-62 ‘E1-20-EE'EF-PO-8| } 3 ‘ont Tx bzosEt YH] vi07| cies NEO . ssBeuey sme remanence % wuadl * speed ° ‘ui Wo eatin leetésr vs non resavet wor doves 5 S ; = e1ac-0: soos)" | ouLeligen | peisaony ‘¥G90 Paid Pe ‘OVA VIN ef-Sny6z puerg — | werljyy uovke| 2 suopejin ed : vis ebook a 5 2 | gouopeuejaia 103 apr) 5 uolensiay | paniaray . anus se oj aoa Lruouieg | ME | eivomann | Se | faumo r i avaddy 0} a0nON-WAN | ny AID Ani VAN | ‘ teow Aajeuiog | AM | apoo apiten-on poo | Aueduion.| > oe eanaysopy pule pooasov | =~ : wonejoIA apo> ; 3 ¥ 3 i z a 3 z ¥ auIpapt 60°TO st s0VeIOIA, pategEXHIBIT DBegin forwarded message: From: "Pete Siragusa" Date: February 27, 2014 at 7:31:04 AM PST To: "Brady J. Frey" , "Carlo Luri" Subject: FW: Feb 25th list of Restaurants Stops on February 25th 1.Pollo Supremo- 2740 Mission St, San Francisco 2.Hua's World- 950 Geneva St, San Francisco 3.Little Hunan- 6127 Mission St,. Daly City 4.La Grotta- 2590 Mission St, San Francisco 5.Dear Mom- 2700 16th Street, San Francisco6.Zynga- 699 8th Street, San Francisco Stops on February 26th 1.FuzeBar- 2311 Magnolia Street, Oakland 2.Fang- 660 Howard Street, San Francisco 3.W Hotel- 181 3rd Street, San Francisco 4.Unidentifed Business- 933 19th Ave San Francisco Here are a few places, there are a few more that I have to look into to get exact address. Unknown Busincss-3333 18" Street-San Francisco, CA 94110 Limon-524 Valencia Street, San Francisco, CA 94110 Wise Sons Delicatessen 3150 24" Street -San Francisco, CA 94110 Umbria-198 2™ Street -San Francisco, CA 94105