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DIVISION OF LABOR STANDARDS ENFORCEMENT
Department of Industrial Relations E-FILED
State of California 4/16/2019 9:02 AM
By: Patrick C. McManaman, SBN 254821 Superior Court of California
Scott L. Jones, SBN 250974
770 E. Shaw Avenue, Suite 222
County of Fresno
Fresno, California 937 1 0 By: C. York, Deputy
Te1.: (559) 244-5348
WOONQLJIAUJNH
Attorne s for the State Labor Commissioner
and on ehalf of Plaintiff / Respondent
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY 0F FRESNO
SUDARSHAN TOOR, Case N0. 19CECG00819
Plaintiff / Respondent, DECLARATION OF COUNSEL PATRICK
C. McMANAMAN IN SUPPORT OF
V. MOTION T0 DISMISS UNTIMELY
APPEAL OF TI-IE LABOR
TIRATH SINGH, an individual dba COMMISSIONER’S ORDER, DECISION
SANGHERA TRUCK LINE, OR AWARD; AND REQUEST FOR
ATTORNEY’S FEES
[Exemptfrom fees pursuant to Labor Code
Defendant / Appellant. Section I 01 et seq.]
NNNNNNNNNHHwHHpflHH.‘
mflomhmwwowwumm#wN—O
Filed Concurrently Herewith:
Notice ofMotion
Memorandum ofPoints and Authorities
[Proposed] Order
Hearing Schedule:
Date : May 16, 2019
Time : 10:00 a.m.
Dept. :404
Trial Date: June 5, 2019
/ / /
/ / /
// /
Declaration of Counsel in Support of Motion Recycled Paper
I, Patrick C. McManaman, declare as follows:
1. I am an attorney at law duly licensed to practice before all courts of the State of
California and am counsel to the State Labor Commissioner of the Division of Labor Standards
Enforcement, Department of Industrial Relations. In my capacity as staff counsel, I represent the
interests of the State Labor Commissioner; and in this matter, I concurrently represent the interests of
Plaintiff /
\DOOVO‘xkh-h
Respondent, SUDARSHAN TOOR. I have reviewed the materials in the file pertaining to
this matter. If called to testify, I could and would competently testify to the facts as stated in this
declaration.
-
2. The documents and records in the Labor Commissioner case of Sudarshan Toor v.
10 Tirath Singh, an individual dba Sanghera Truck Line, originated in the Fresno District Office of the
11 Labor Commissioner as State Case No. WC—CM-454903. Those documents were kept and maintained
12 by the Fresno District Office, in the ordinary course of business in a file created specifically for that
'
13 case.
14 3. 011 July 3, 201 8, an administrative hearing, known as a Berman Hearing, was conducted
15 by the Labor Commissioner before a Hearing Officer. The case file and testimonial records indicate
16 that Mr. Toor and Mr. Singh were present at the scheduled adj udicatory hearing.
17 4. On November 27, 2018, the Labor Commissioner issued an Order, Decision or Award
18 (hereinafier “0rder”), awarding wages 0n béhalf 0f Mr. Toor against Defendant / Appellant. The Order
19 awarded $10,355.24 to Mr. Toor, which represented unpaid wages, liquidated damages, waiting time
20 penalties and accrued interest. Included on the face page of the Order is a delineation of appellate
21 rights and procedures, including the prerequisite to post an undertaking as a condition t0 filing an
22 appeal.
23 Labor Code section requires as a condition filing
98.2(b) to an appeal against an Order,
24 Decision 0r Award ofthe Labor Commissioner, that an employer shall first post a bond or undertaking
25 with the court for the amount 0f the ODA; and the employer shall provide written notice to the other
26 parties and the Labor Commissioner of that posting.
27
28
Declaration of Counsel in Support of Motion
Recycled Paper
A true and correct copy of the first page of the above-referenced ODA is attached as Exhibit I .
5. On February 21, 2019, the Order was served via first~class mail upon Defendant /
Appellant. A true and correct copy of the proof of service is attached hereto as Exhibit 2.
6. As staff counsel for the Division of Labor Standards Enforcement, I have expended 3 .00
hours in reviewing, interviewing, drafting, appearing and litigating this matter.
\DOOQONmAmMH
7. I have been in the practice 0f law for over ten years primarily in areas 0f employment
and labor litigation. My hourly rate is$300.00 per hour, which is below that of the customary hourly
rate for attorneys with equal experience in the areas of labor and employment. Thus, reasonable
”attorney’s fees incurred on behalf of Mr. Toor total $900.00.
Ideclare under penalty of perjury under the laws of the State 0f California that the foregoing
. istrue and correct.
Executed this H/ day of April, 2019, at Fresno, California.
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DIVISION OF LABOR STANDARDS ENFORCEMENT Department of Industrial Relations E-FILED State of California 4/16/2019 9:02 AM By: Patrick C. McManaman, SBN 254821 Superior Court of California Scott L. Jones, SBN 250974 770 E. Shaw Avenue, Suite 222 County of Fresno Fresno, California 937 1 0 By: C. York, Deputy Te1.: (559) 244-5348 WOONQLJIAUJNH Attorne s for the State Labor Commissioner and on ehalf of Plaintiff / Respondent SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY 0F FRESNO SUDARSHAN TOOR, Case N0. 19CECG00819 Plaintiff / Respondent, DECLARATION OF COUNSEL PATRICK C. McMANAMAN IN SUPPORT OF V. MOTION T0 DISMISS UNTIMELY APPEAL OF TI-IE LABOR TIRATH SINGH, an individual dba COMMISSIONER’S ORDER, DECISION SANGHERA TRUCK LINE, OR AWARD; AND REQUEST FOR ATTORNEY’S FEES [Exemptfrom fees pursuant to Labor Code Defendant / Appellant. Section I 01 et seq.] NNNNNNNNNHHwHHpflHH.‘ mflomhmwwowwumm#wN—O Filed Concurrently Herewith: Notice ofMotion Memorandum ofPoints and Authorities [Proposed] Order Hearing Schedule: Date : May 16, 2019 Time : 10:00 a.m. Dept. :404 Trial Date: June 5, 2019 / / / / / / // / Declaration of Counsel in Support of Motion Recycled Paper I, Patrick C. McManaman, declare as follows: 1. I am an attorney at law duly licensed to practice before all courts of the State of California and am counsel to the State Labor Commissioner of the Division of Labor Standards Enforcement, Department of Industrial Relations. In my capacity as staff counsel, I represent the interests of the State Labor Commissioner; and in this matter, I concurrently represent the interests of Plaintiff / \DOOVO‘xkh-h Respondent, SUDARSHAN TOOR. I have reviewed the materials in the file pertaining to this matter. If called to testify, I could and would competently testify to the facts as stated in this declaration. - 2. The documents and records in the Labor Commissioner case of Sudarshan Toor v. 10 Tirath Singh, an individual dba Sanghera Truck Line, originated in the Fresno District Office of the 11 Labor Commissioner as State Case No. WC—CM-454903. Those documents were kept and maintained 12 by the Fresno District Office, in the ordinary course of business in a file created specifically for that ' 13 case. 14 3. 011 July 3, 201 8, an administrative hearing, known as a Berman Hearing, was conducted 15 by the Labor Commissioner before a Hearing Officer. The case file and testimonial records indicate 16 that Mr. Toor and Mr. Singh were present at the scheduled adj udicatory hearing. 17 4. On November 27, 2018, the Labor Commissioner issued an Order, Decision or Award 18 (hereinafier “0rder”), awarding wages 0n béhalf 0f Mr. Toor against Defendant / Appellant. The Order 19 awarded $10,355.24 to Mr. Toor, which represented unpaid wages, liquidated damages, waiting time 20 penalties and accrued interest. Included on the face page of the Order is a delineation of appellate 21 rights and procedures, including the prerequisite to post an undertaking as a condition t0 filing an 22 appeal. 23 Labor Code section requires as a condition filing 98.2(b) to an appeal against an Order, 24 Decision 0r Award ofthe Labor Commissioner, that an employer shall first post a bond or undertaking 25 with the court for the amount 0f the ODA; and the employer shall provide written notice to the other 26 parties and the Labor Commissioner of that posting. 27 28 Declaration of Counsel in Support of Motion Recycled Paper A true and correct copy of the first page of the above-referenced ODA is attached as Exhibit I . 5. On February 21, 2019, the Order was served via first~class mail upon Defendant / Appellant. A true and correct copy of the proof of service is attached hereto as Exhibit 2. 6. As staff counsel for the Division of Labor Standards Enforcement, I have expended 3 .00 hours in reviewing, interviewing, drafting, appearing and litigating this matter. \DOOQONmAmMH 7. I have been in the practice 0f law for over ten years primarily in areas 0f employment and labor litigation. My hourly rate is$300.00 per hour, which is below that of the customary hourly rate for attorneys with equal experience in the areas of labor and employment. Thus, reasonable ”attorney’s fees incurred on behalf of Mr. Toor total $900.00. Ideclare under penalty of perjury under the laws of the State 0f California that the foregoing . istrue and correct. Executed this H/ day of April, 2019, at Fresno, California.