Motion-Secondary: Andrea Spears vs. Health Net of California Inc

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                                1   TIMOTHY J. LONG (STATE BAR NO. 137591)
     tj long(^orrick.com
2    NICHOLAS J. HORTON (STATE BAR NO. 289417)
     nhorton@orrick.com
3    AVALON JOHNSON FITZGERALD (STATE BAR NO. 28816|7)
     afitzgerald(§orrick.com
4    ORRICK. HERRINGTON & SUTCLIFFE LLP
     400 Capitol Mall, Suite 3000
5    Sacramento, CA 95814-4497
     Telephone:      +1916 447 8299
6    Facsimile:      +1916 329 4900
7    Attorneys for Defendant                                                i
     HEALTH NET OF CALIFORNIA, INC.
8
                          SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
                                       COUNTY OF SACRAMENTO
10
     ANDREA SPEARS, an individual, on behalf             Consolidated Case No. 34-2017-00210560-
11   of herself and on behalf of all persons similarly   CU-OE-GDS
     situated.
12                      Plaintiff                        DECLARATION OF DIANE C. RODES
                                                         IN SUPPORT OF DEFENDANT H E A L T H
13            V.                                         NET OF CALIFORNIA, INC.'S R E P L Y
                                                         TO RENEWED MOTION FOR
14   HEALTH NET OF CALIFORNIA, INC., a                   SUMMARY ADJUDICATION
     California Corporation; and Does 1 through 50,
15   inclusive.                                          Date:       February 4, 2019
                                                         Time:       9:00 a.m.
16                       Defendants.                     Dept:       54
17                                                       Reservation No.:   2380178
18                                                       Complaint Filed: April 5, 2017
                                                         FAC Filed:        June 29, 2017
19                                                       Consolidated Complaint Filed: Dec. 21, 2017
20                                                       Complaint Filed:   |August I, 2017
     TOMAS R. ARANA, on behalf of himself, all
21   others similarly situated,

22                       Plaintiff

23            V.


24   HEALTH NET OF CALIFORNIA, INC., a
     California corporation; and DOES 1-50,
25   inclusive.

26                       Defendant.

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                      DECLARATION OF DIANE C. RODES IN SUPPORT OF HNCA'S REPLY TO
                             RENEWED MOTION FOR SUMMARY ADJUDICATION
     4154-1219-7658
 1             I , Diane C. Rodes, declare as follows:
2              1.     I am the Director of Human Resources for Health Net, Inc. ("HNI"). I have been
3    employed in this position since 2000. As part of my job duties, I am familiar with the human
     resourcesfiinctionsof Health Net of California, Inc. ("HNCA"), a subsidiary of HNI. All of the

5    informadon contained in this declaration is based upon my personal knowledge or, where context
6    indicates, review of the records described herein. If called and sworn as a witness, I could and

7    would competently testify to the matters in this declaration.
8             2.      Attached hereto as Exhibit A is a true and correct copy of the Health Net, Inc.
9    Direct Deposit Payroll Authorization Agreement that Plaintiff Andrea Spears submitted on

10   September 8,2014, authorizing Health Net, Inc. to deposit her payroll check directly into her
11   bank account. This document has been redacted to avoid disclosing Ms. Spears' personal
12   banking information and telephone number in the public record.
13            I declare under penalty of perjury under the laws of the State of Califomia that the
14   foregoing is true and correct.
15            Executed this         day of January, 2019 in Rancho Cordova, Califomia.
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19                                                       By:                 C/^rPcU^
                                                                            Diane C. Rodes
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                      DECLARATION OF DIANE C. RODES IN SUPPORT OF HNCA'S REPLY TO
                            RENEWED MOTION FOR SUMMARY ADJUDICATION
     4154-1219-7658
EXHIBIT A
'^a'^09/08/201'1 15:19 1-AA           916 9.        <30              IIEALTIINET                                                          12)001/002



                                                                                                         SEP 0 8 2
                                                H E A L T H NET, INCl j^g^-
                         D I R E C T DEPOSIT P A Y R O L L AUTHORIZSTION^

    IMPORTANT NOTE: This form should only be used bv Associates without I^niLINK access. All Associates with
    HRLINK access should add/edit/delete their direct deposit information via HRLINK. My Compensation,
    View/Update Mv Direct Deposit Setup.
    I authorize HEALTH NET, INC to deposit my payroll check each payday directly into the account(s), and at the bank(s) listed below. This
    agreement will remain until I give written notice to changefinahciaJinstitutions, terminate service, or until my employer notifies me that this
    service has been tenninated. I hereby authorize HEALTH NET, INC. and the financial instilution(s) identiried below lo electronicaUy
    deposit my pay into my designated account(s) and to correct my account(s) for any amounts deposited to which I am not entitled.


    Name:                                                                  Associate ID:

    Company:       Ueja\ V^Ci^-^               ^ WTT

    Health Net is not currently able to process international direct deposit transactions. I understand that I will not be eligible for direct deposit if
    I request that Health Net send myfiindsto a foreign (non-U.S.) banking institution, or if I have a standing order with a U.S. banking
    institution to immediately transfer 100% of my direct deposit to a foreign banking institution.

    I hereby agree that I am not requesting Health Net to directly deposit my fimds into a foreign banking institution, nor will Che entirety of my
    direct deposit be transferred to a foreign banking institution.

          1^4. Agree |           | Disagree                 (Please Check One)

     Signature::    (IXjVvjgjiy>4^0^'^2J2toLKI>                    Date:    0[             1 H        Daytime Phone:

    PLEASE NOTE:
    •  It takes approx 2 pay periods to implement direct deposit, assuming valid account and bank routing information has been provided.
    •  All monies will be posted to your account no later than midnight on payday.
    •  Check your paystub each payday to verify that the automatic deposit is active.
    •  A transfer between companies can disrupt your direct deposit until it can be reestablished with the new company.

          I X ] New         I I Change                    Cancel            Add            (Please Check One)

                                                    PLEASE R E A D A L L INSTRUCTIONS

             Type of Account:             Checking                    Savings

             Financial Institution:   "^x^^ Credit Oni^<^                                  Bank Phone #:

             Bank Transit/Routing #: J     m    H    H     H   i                 Account #:

             Distribution: (% Of Net) :             % or Amouni to be Deposited to Account: $




    SEE NEXT PAGE TO SET UP ADDITIONAL ACCOUNTS




                                                                                                                                           EXHIBIT A
                                                                                                                                  HNCA004430