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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
RONALD J. HOLLAND, Cal. Bar No. 148687
BABAK G. YOUSEFZADEH, Cal. Bar No. 235974
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
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
dmoini@sheppardmullin.com
Attorneys for Plaintiff
BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a
BENTLY BIOFUELS COLLECTION SERVICES, LLC,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
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.
Case No. CGC-13-535864
DECLARATION OF
DREW PEKAREK 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:418248382.1
DECLARATION OF DREW PEKAREK ISO MOTION FOR SUMMARY JUDGMENTnN
SoMU wr DH Fw
1, Drew Pekarek, declare as follows:
1. | am an Outside Sales Representative for Bently Biofuels Collection Services
(“Bently”), Plaintiff in the above-captioned matter. 1 was previously employed at Got Grease,
LLC (“Got Grease”) as Sales Representative. 1 have personal knowledge of the facts set forth
below and make this declaration in support of Plaintiffs Motion for Preliminary Injunction. If
sworn as a Witness, I could and would testify as set forth herein.
2. | was employed at Got Grease as a full-time sales representative whose primary job
it was to identify new customers and manage existing accounts. One of the owners of Got Grease,
David Levenson, also spent a lot of time engaged in sales, including identifying new customers.
Got Grease dedicated a significant amount of time and resources to compiling its customer fists
over a period of several years.
3. . To identify new customers and build its customer list, Got Grease engaged in
efforts such as cold-calling potential customers, visiting businesses in person, performing online
research on various siles related to the restaurant business, asking existing customers for
references, and utilizing social media outlets such as Facebook and Twitter. For example, Got
Grease would review new restaurants’ menus online in order to determine whether the restaurant
was of a type that would generate used cooking oil and might need Got Grease’s services.
4, As an Outside Sales Representative for Bently, | perform many of the same duties
that | performed at Got Grease, including trying to build our customer base. Bently’s customer
information consists of far more than a list of names pulled at random from the phone
book. Instead, it encompasses customer pricing information, billing rates, important customer
contacts for various purposes, and a host of particularities relevant to each customer. Because oil
collection is a niche business, Bently cannot simply open a phone book and find new customers;
rather, it has to “weed out” uninterested persons to compile its list of clientele.
5. Alter K. David Fisher’s employment with Bently was terminated, | was informed
that he was stealing oil out of Bently’s collection bins that are kept on customers’ property, as well
as soliciting those customers for their business. Based on Bently’s evidence, | am informed that in
October and November 2013, Mr. Fisher approached two of Bently’s restaurant customers,
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DECLARATION OF DREW PEKAREK ISO MOTION FOR PRELIMINARY INJUNCTION
SMAI TA 8248582.1CU we NOD HW RF YW
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Tacolicious and Roam Burger, and solicited their business for his new oil collecting company.
Several different Tacolicious locations have since switched their business from Bently to Mr.
Fisher’s new company.
6. In addition, in October 2013, Mr. Fisher went to another customer of Bently’s,
Tempest, and pretended to be a Got Grease or Bently employee. He approached the chef at the
restaurant and asked him to sign a contract with Mr. Fisher’s new company for used oil collection
service, He also stole Bently’s oi! collection bins from Tempest and replaced them with his
company’s containers, The owner of the restaurant was very angry and called Bently to report the
incident.
7. Bently has received numerous complaints from its customers and has suffered
irreversible harm to its reputation and relationship with those customers. For example, one of its
customers recently called Bently, furious, to complain that it was being paid much less than
expected under its contract with Bently, Bently compensates its customers based on the amount of
oil Bently collects from them. Because Fisher had stolen the oil from the customer’s collection
bin, the customer was paid for much less used oil than he had expected.
8. Mr.
sher’s activity has resulted in loss of business, difficulty attracting new
customers, and difficulty retaining existing customers.
9. | believe that Mr. Fisher knew (due to his being employed at both Got Grease and
Bently, and providing services lo these customers) that Bently had exclusive service contracts
and/or agreements with its customers at the time that he stole Bently’s customers’ cooking oil and
collection bins and solicited their business for his new company.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this _/ Zday of March 2014, in San Foncig co, Calif
Drew Pekarek \
-2-
SMRI4 18248582. 1
SMRITATER8382.1 wae , se .
DECLARATION OF DREW PEKAREK ISO MOTION FOR PRELIMINARY INJUNCTION
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0 ON DN BF WY NN YH NY NY NY NN NY He Se Be Se ese Be Be Be CQ DA BRB wWw YH =F DODO we ADH FW NH KF SO SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations RONALD J. HOLLAND, Cal. Bar No. 148687 BABAK G. YOUSEFZADEH, Cal. Bar No. 235974 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 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 dmoini@sheppardmullin.com Attorneys for Plaintiff BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a BENTLY BIOFUELS COLLECTION SERVICES, LLC, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO 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. Case No. CGC-13-535864 DECLARATION OF DREW PEKAREK 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:418248382.1 DECLARATION OF DREW PEKAREK ISO MOTION FOR SUMMARY JUDGMENTnN SoMU wr DH Fw 1, Drew Pekarek, declare as follows: 1. | am an Outside Sales Representative for Bently Biofuels Collection Services (“Bently”), Plaintiff in the above-captioned matter. 1 was previously employed at Got Grease, LLC (“Got Grease”) as Sales Representative. 1 have personal knowledge of the facts set forth below and make this declaration in support of Plaintiffs Motion for Preliminary Injunction. If sworn as a Witness, I could and would testify as set forth herein. 2. | was employed at Got Grease as a full-time sales representative whose primary job it was to identify new customers and manage existing accounts. One of the owners of Got Grease, David Levenson, also spent a lot of time engaged in sales, including identifying new customers. Got Grease dedicated a significant amount of time and resources to compiling its customer fists over a period of several years. 3. . To identify new customers and build its customer list, Got Grease engaged in efforts such as cold-calling potential customers, visiting businesses in person, performing online research on various siles related to the restaurant business, asking existing customers for references, and utilizing social media outlets such as Facebook and Twitter. For example, Got Grease would review new restaurants’ menus online in order to determine whether the restaurant was of a type that would generate used cooking oil and might need Got Grease’s services. 4, As an Outside Sales Representative for Bently, | perform many of the same duties that | performed at Got Grease, including trying to build our customer base. Bently’s customer information consists of far more than a list of names pulled at random from the phone book. Instead, it encompasses customer pricing information, billing rates, important customer contacts for various purposes, and a host of particularities relevant to each customer. Because oil collection is a niche business, Bently cannot simply open a phone book and find new customers; rather, it has to “weed out” uninterested persons to compile its list of clientele. 5. Alter K. David Fisher’s employment with Bently was terminated, | was informed that he was stealing oil out of Bently’s collection bins that are kept on customers’ property, as well as soliciting those customers for their business. Based on Bently’s evidence, | am informed that in October and November 2013, Mr. Fisher approached two of Bently’s restaurant customers, -l- DECLARATION OF DREW PEKAREK ISO MOTION FOR PRELIMINARY INJUNCTION SMAI TA 8248582.1CU we NOD HW RF YW a BON = 16 Tacolicious and Roam Burger, and solicited their business for his new oil collecting company. Several different Tacolicious locations have since switched their business from Bently to Mr. Fisher’s new company. 6. In addition, in October 2013, Mr. Fisher went to another customer of Bently’s, Tempest, and pretended to be a Got Grease or Bently employee. He approached the chef at the restaurant and asked him to sign a contract with Mr. Fisher’s new company for used oil collection service, He also stole Bently’s oi! collection bins from Tempest and replaced them with his company’s containers, The owner of the restaurant was very angry and called Bently to report the incident. 7. Bently has received numerous complaints from its customers and has suffered irreversible harm to its reputation and relationship with those customers. For example, one of its customers recently called Bently, furious, to complain that it was being paid much less than expected under its contract with Bently, Bently compensates its customers based on the amount of oil Bently collects from them. Because Fisher had stolen the oil from the customer’s collection bin, the customer was paid for much less used oil than he had expected. 8. Mr. sher’s activity has resulted in loss of business, difficulty attracting new customers, and difficulty retaining existing customers. 9. | believe that Mr. Fisher knew (due to his being employed at both Got Grease and Bently, and providing services lo these customers) that Bently had exclusive service contracts and/or agreements with its customers at the time that he stole Bently’s customers’ cooking oil and collection bins and solicited their business for his new company. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _/ Zday of March 2014, in San Foncig co, Calif Drew Pekarek \ -2- SMRI4 18248582. 1 SMRITATER8382.1 wae , se . DECLARATION OF DREW PEKAREK ISO MOTION FOR PRELIMINARY INJUNCTION