On March 02, 2015 a
Party Discovery
was filed
involving a dispute between
Rigoli, Brianne,
and
C.R. England, Inc. A Utah Corporation,
England Global Logistics Usa, Inc. A Utah Corporation,
Torres, Lorena,
Rigoli, Brianne,
for Wrongful Termination
in the District Court of San Bernardino County.
Preview
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t cw
1 JeffreyA Rager Esq SBN 185216 FB L E p
James Y Yoon ESq SBN 289906 SUPERIOR COURT OF CALIFORNIA
2 THE RAGER LAW FIRM COUNTY OF SAN BERNARDINO
SAN BERNARC INO DISTRICT
970 West 190 Street Suite 340
3 Torrance California 90502 NOV 3 0 2016
Telephone 310 527 6994
4 Facsimile 310 527 6800 gy R x
Email jeff a ragerlawoffices com
5 ames erlawoffices com
DANIELA TIRADO DEPU fY
6 Melanie Savarese Esq SBN 216950
Savarese Law Firm
7 37 W Sierra Madre Blvd
Sierra Madre CA 91024
8 Phone 626 355 3264
Facsimile 626 355 3491
9 Email melanie a savareselawfirm com
10 Attorneys for Plaintiff BRIANNE RIGOLI
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SAN BERNARDiNO
13
14 BRIANNE RIGOLI CASE No CIVDS 1502545
15 Assigned To Hon Janet M Frangie Dept
Plaintiff S29 o
16
vs OPPOSITION TO MOTION TO QUASH
17 PLAINTIFF S SUBPOENA FOR
PRODUCTION OF EMPLOYMENT
18 C R ENGLAND INC a Utah Corporation RECORDS OF LORENA TORRES
ENGLAND GLOBAL LOGISTICS USA INC
19 a Utah Corparation LORENA TORRES an Date December 13 2016
individual and DOES 1 through 10 inclusive Time 8 30
20 Dept S29
21 Filed March 2 2015
Defendants TRC January 5 2017
22 Trial January 9 2017
23
24
25
26
27
28
OPPOSITION TO MOTION TO QUASH PLAINTIFF S SUBPOENA FOR PRODUCTION OF EMPLOYMENT
RECORDS OF LORENA TORRES
S
R
1 Memorandum of Points and Authorities
2 1 Introduction to Argument
3 Ms Rigoli was fired eight days after complaining of discrimination by Lorena Torres Ms
4 Torres terminated her
5 Defendants have an obligation to prevent this discrimination and retaliation under Government
6 Code section 12940 subdivision k Whether or not Ms Torres was counseled or disciplined by
7 Defendant is an element of Plaintiffls the eighth cause of action
8 Ms Torres denies any such counseling but Plaintiff should be able to verify this information
9 Further Ms Tones fired two other employees April Gonzalez and Crezette Shoulders who like
10 Plaintiff availed themselves of inedical leave and were fired Again whether she was disciplined in
11 those instances would bear on whether Defendants acted promptly to remedy any such retaliation once
12 they were aware of it
13 In terms of Ms Torres personnel file it is comparative evidence If Ms Torres had a history
14 of counselings and poor performance and was retained it wouldtend to show that Plaintif s termination
15 was pretextual Meaning Ms Torres committed moretermination worthy offenses but was never fired
16 Lastly Defendants never attempted to meet and confer They simply filed this motion to quash
17 on the eve of documents being due November 11 2016 This is grounds for denial of the motion
18 2 efendant served the document subpoenas in lieu of the Request for Production Set Two
19 Nos 23 26
20 Due to the requirement of i notice to the consumer pursuant to Code of Civil Procedure
21 section 1985 6 Plaintiff served the Deposition Subpoena with the accompanying Notice to Consumer
22 in lieu of the Document requests which are attached as Exhibit A to the Motion A true and correct
23 copy of the Notice to Consumer and Deposition Subpoena is attached hereto as Exhibit A
24
2 When employment records of a present or former employee are sought a notice to consumer
must be given with the subpoena The Rutter Guide Civ Proc Before Trial 8 596 6 citing CCP
26 1985 6 a 3
If the employee party is represented by counsel service may be made upon his or her attorney
27 of record The Rutter Guide Civ Proc Before Trial 8 596 18 citing CCP 1985 6 b 1
28 Notedly in the Motion to Quash Defendants omitted the Notice to Consumer attaching only
the subpoena in Exhibit B
OPPOSITION TO MOTION TO QUASH PLAINTIFF S SUBPOENA FOR PRODUCTION OF EMPLOYMENT
IZECORDS OF LORENA TORRES
Document Filed Date
November 30, 2016
Case Filing Date
March 02, 2015
Category
Wrongful Termination
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F4 t cw 1 JeffreyA Rager Esq SBN 185216 FB L E p James Y Yoon ESq SBN 289906 SUPERIOR COURT OF CALIFORNIA 2 THE RAGER LAW FIRM COUNTY OF SAN BERNARDINO SAN BERNARC INO DISTRICT 970 West 190 Street Suite 340 3 Torrance California 90502 NOV 3 0 2016 Telephone 310 527 6994 4 Facsimile 310 527 6800 gy R x Email jeff a ragerlawoffices com 5 ames erlawoffices com DANIELA TIRADO DEPU fY 6 Melanie Savarese Esq SBN 216950 Savarese Law Firm 7 37 W Sierra Madre Blvd Sierra Madre CA 91024 8 Phone 626 355 3264 Facsimile 626 355 3491 9 Email melanie a savareselawfirm com 10 Attorneys for Plaintiff BRIANNE RIGOLI 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDiNO 13 14 BRIANNE RIGOLI CASE No CIVDS 1502545 15 Assigned To Hon Janet M Frangie Dept Plaintiff S29 o 16 vs OPPOSITION TO MOTION TO QUASH 17 PLAINTIFF S SUBPOENA FOR PRODUCTION OF EMPLOYMENT 18 C R ENGLAND INC a Utah Corporation RECORDS OF LORENA TORRES ENGLAND GLOBAL LOGISTICS USA INC 19 a Utah Corparation LORENA TORRES an Date December 13 2016 individual and DOES 1 through 10 inclusive Time 8 30 20 Dept S29 21 Filed March 2 2015 Defendants TRC January 5 2017 22 Trial January 9 2017 23 24 25 26 27 28 OPPOSITION TO MOTION TO QUASH PLAINTIFF S SUBPOENA FOR PRODUCTION OF EMPLOYMENT RECORDS OF LORENA TORRES S R 1 Memorandum of Points and Authorities 2 1 Introduction to Argument 3 Ms Rigoli was fired eight days after complaining of discrimination by Lorena Torres Ms 4 Torres terminated her 5 Defendants have an obligation to prevent this discrimination and retaliation under Government 6 Code section 12940 subdivision k Whether or not Ms Torres was counseled or disciplined by 7 Defendant is an element of Plaintiffls the eighth cause of action 8 Ms Torres denies any such counseling but Plaintiff should be able to verify this information 9 Further Ms Tones fired two other employees April Gonzalez and Crezette Shoulders who like 10 Plaintiff availed themselves of inedical leave and were fired Again whether she was disciplined in 11 those instances would bear on whether Defendants acted promptly to remedy any such retaliation once 12 they were aware of it 13 In terms of Ms Torres personnel file it is comparative evidence If Ms Torres had a history 14 of counselings and poor performance and was retained it wouldtend to show that Plaintif s termination 15 was pretextual Meaning Ms Torres committed moretermination worthy offenses but was never fired 16 Lastly Defendants never attempted to meet and confer They simply filed this motion to quash 17 on the eve of documents being due November 11 2016 This is grounds for denial of the motion 18 2 efendant served the document subpoenas in lieu of the Request for Production Set Two 19 Nos 23 26 20 Due to the requirement of i notice to the consumer pursuant to Code of Civil Procedure 21 section 1985 6 Plaintiff served the Deposition Subpoena with the accompanying Notice to Consumer 22 in lieu of the Document requests which are attached as Exhibit A to the Motion A true and correct 23 copy of the Notice to Consumer and Deposition Subpoena is attached hereto as Exhibit A 24 2 When employment records of a present or former employee are sought a notice to consumer must be given with the subpoena The Rutter Guide Civ Proc Before Trial 8 596 6 citing CCP 26 1985 6 a 3 If the employee party is represented by counsel service may be made upon his or her attorney 27 of record The Rutter Guide Civ Proc Before Trial 8 596 18 citing CCP 1985 6 b 1 28 Notedly in the Motion to Quash Defendants omitted the Notice to Consumer attaching only the subpoena in Exhibit B OPPOSITION TO MOTION TO QUASH PLAINTIFF S SUBPOENA FOR PRODUCTION OF EMPLOYMENT IZECORDS OF LORENA TORRES