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1 PATRICIA A. SAVAGE, SBN 236235
SAVAGE, LAMB & LUNDE, PC
2
1550 Humboldt Road, Suite 4 FILED/EnOORSI
3 Chico, CA 95928
Telephone: (530) 592-3861 NOV 2 5 2019
4 Fax: (530) 592-3865
By: H. PortKlanza
5 Ueput>' ClerV.
i
Attomeys for Plaintiff,
6 JAY ROBINSON and
HUGO PINEDA, individually and on
7 behalf of all others similarly situated
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
11 COUNTY OF SACRAMENTO
12 JAY ROBINSON and Case No. 34-2019-00262942
13 HUGO PINEDA, individually and on behalf
of all others similarly situated.
14 DECLARATION OF PATRICIA
Plaintiffs, SAVAGE IN SUPPORT OF
15
PLAINTIFFS' JOINT OPPOSITION
16 V. TO DEFENDANT ASOMEO
ENVIRONMENTAL RESTORATION
17 ASOMEO ENVIRONMENTAL INDUSTRY, LLC'S MOTION TO
18
RESTORATION INDUSTRY, LLC, a TRANSFER VENUE
Califomia Coiporation and
19 PHILLIPS & JORDAN, INC. a North
Carolina Coiporation and Date: December 10, 2019
20
DOES 1-10, Time: 9:30 a.m.
21 Dept. 47
Defendants.
22 Action filed: August 16, 2019
23
24 I, Patticia Savage, hereby declaie as follows:
25 1. I am an attomey duly licensed to practice before all ofthe Court ofthe State of
26 Califomia. I am counsel of record for Plaintiffs in the above-captioned action. I have personal
27 knowledge of the facts recited herein, and if called as a witness could and would testify as
28 follows:
1
Complainl for Damages
2. On or around December 10, 2018 1 began receiving calls from various employees
who provided sei-vices for Defendant. Since that time, I have spoken directly with approximately
50 employees who provided services for Defendant after the Camp Fire in Paiadise occurred. Of
4 the employees I've spoken with, most of them declared that the services they provided were in
5 Butte County and that they were temporaiily housed in a motel in Yuba City. None of them
6 mentioned or identified Placer County as a location in which services were provided.
7 3. After reviewing the Defendant's motion for ti ansfer of venue, I contacted four
8 foimer employees to ask them if they had any relationship with Placer County. To a person, all
9 identified that they spent the majority of their time in Butte County and in Yuba County, that
10 their tools and tiucks were provided in Butte County, and that any wage statements received
11 were issued in Butte County. I did speak with a couple of employees who notified me that some
12 initial ttaining and housing did occur in Placer, but everything else regaiding the work, ttucks,
13 meetings, pay and duties occurred in Butte County and Sutter County.
14 4. Prior tofilingthe cmrent law suit, I asked for a number of documents be provided
15 to my office pmsuant to Labor Code Section 226, including applications for employment and
16 wage statements. No documents were provided to our office for eitlier of the named plaintiffs.
17 However, before Defendantfiledthe present motion, counsel met and confened and I notified
18 counsel that it was my understanding that the AERI employees did not have a substantial
19 relationship to Placer County, if any, and I asked them if they would send us the documents
20 responsive to Labor Code Section 226, we could confiim the appropriate jurisdiction based on
21 the location from which the wage statements were issued. In response, we were provided only
22 two wage statements both of which identified Sacramento, not Placer, on the top ofthe wage
23 statements. True and correct copies ofthe wage statements have been provided hereto as
24 Exhibit 1.
25 5. On or around November 21, 2019, after contacting the various employees and
26 reviewing the declaration attached to Defendant's motion by Mr. Kahn, I notified counsel that
27 based on my experience and many conversations with AERI employees that the declaration was
28
Complaint for Damages
1 perjurious and should be withdr awn. True and coirect copies of the declarations have been
2 attached hereto as Exhibit 4.
3: 6. Counsel subsequently engaged in a phone conversation on November 25, 2019
4 and identified the offending provisions in the declaration one by one. I asked Counsel to
5 withdraw the declaiation or I would be forced to notify the Court that Mi:. Kahn's declaration
6 was not trnthfiil. Counsel for defendant have not withdrawai the peijuiious declaration which I
7 believe violates our canon of ethics as Officers of the Court.
8 7. In preparing for thefilingof this action, my office looked on the California
9 Secretaiy of State website to identify tlie conect legal addressforDefendant AERI. At that time
10 documents were obtained that identified Defendant AERI's address as being in Sacramento, CA.
11 Tme and correct copies of the documents obtained fiom the Secretary of State Website have
12 been attached hereto as Exhibit 3.
13^ 8. Additionally, in conttactual documents obtained from Defendant Phillips &
14 Jordan, AERI's business address is identified as being located in Sacramento, Califomia. A tme
15 and coiTect copy of the conttact has been attached as Exhibit 2.
16 I declai e under penalty of perjuiy under the; laws of the State of California that tlie
17 foregoing is true and conect.
18
19
20
Date; November 25, 2019
21
A A. SAVAGE
22
23
24
25
26
27
28
Complaint for Damages
EXHIBIT 1
Soutti East Employee Leasing Services
2739 U.S. Highway 19 N.
Holiday, FL 34691
(866) 605-8605
Asomeo Environmental Rest. Ind
980 9th St. 16th FI Office 44
SOUTHEAST
PCRSONNU LEASING. IKC.
Sacramento, CA 95814
(916) 223-6750
1.
Employee ROBINSON, JAY R Check Date 5/17/2019
SSN *'*-**-0152 Period Start 1/27/2019
Occupation FELLER Period End 2/2/2019
Department (unassigned) Employee ID 89656170065
Address 6402 ALVA AVE Pay Type Hourly
KLAMATH FALLS, OR 97603 Hire Date 1/21/2019
Adjustment ((unassigned)) 24.00 15.27 $366.48 ' $455.10
Adjustment ((unassigned)) 6.00 14.77 $88.62 $455.10
Sick leave 0.00 1.00 1.00
693.00 $0.00
$693.00 $693.00 $0.00
page 1 o f 1
EXHIBIT 2
,1 <0 - -i f^ b ^ / 8
Secretary of State LLC-12 FILED
Statement of Information Secretary of State
(Limited Liability Company) State of California
IMPORTANT — T h i s f o r m c a n be filed online at bizfilo.sos.ca.gov.
NOV 0 8 2018
Read instructions before completing this f o r m .
Fling Fee - $ 2 0 . 0 0
Copy Fees - First page $1.00;each attachmenlpage$0.50; 15?
Certification Fee - $5.00 plus copy fees /Above Space For Office Use Only
1. Limited Liability Company Name (Enter (he exact name of the LLC. If you registered In Calitornia using an alternaio name, soe inslruclions,)
2. 12-Diglt S e c r e t a r y of State Entity (File) Num tier 3. State, F o r e i g n C o u n t r y o r Place o f Organization (only it loimed outside of California)
4. B u s i n e s s A d d r e s s e s
a. Street Address of Principal OfUcc- Do not list a P.O. Box City (no abbre/ialjons) Stale Zip Code
ScA.crc^ry^eii-^
b. Mailing Address of LLC. ) f d l f l c r e n t ( h a n i t e m 4 a City (no abbreviations) state Zip Code
c. Street Address tS Carifomia'Cffce, if Item 4a is not ID Cal/ornla-Oo not list a P.O. Box City (noabbreviations) State Zip Code
CA
If no managers have been appointed or elected, provide tlie name and address of each member. Al least one name and address
5. Manager(s) o r MemtX!r(s) rr^Msx bo listed, if the manager/member is an Individual, complele Items 5a and 5c (leave Item 61) blank). II the manager/member Is
' an entity, complete Items 5band Sc (leave Item Sa blank). Note: The LLC cannot servo as its own manager or member. If the LLC
has additional managers/members, enter the name(s) and address(es) on R>m)LLO\2A.
a. First Name, if an indwidual - Do not complete Item 5b Middle Name Last Name Suffix
b. Entity Name - Do not complete llemSa
c. Adbrcss ' " " • -^-a--.^--*".*.*-^.*""—™™^ City (no abbrei/lalions) Stale Zip Code
^ f ^ S i f v i c e o f P r o c e s s (Ivlust provide either Individual OR Corporation.) '
INOIVIDU/U. - Complete Items 6a and 6b only. Must include agent's full name and California street address.
a. California Agent's First Name (If agcrt Is n o t a corporation) Middle Name Last Name Suffix
b. Street Address (if ager< is not a corporalicn) - Oo not e n t e r s P.O.Box City (no abbreviations) Stale Zip Code
CA
CORPORATION -Complete Horn 6c only. Only include the name of the registered agenl Corporation.
c. Califomia Registered Corporate Agenfs Name (il agail is a corporaion)-Do not complele Item 6a or 6b
7. T y p e ^ f B u s i n e s s
•escribe thetypeof bushess or services of the Limtod Liab'lily Conpary
B. Chief Exc cu t ive Office r, if c fcctcd or app ointcd
Q. First Name Middle Name Last Name Suffix
b. Address City (no abbreviatons) State Zip Code
9. T h e I n f o r m a t i o n c o n t a i n e d h e r e i n , i n c l u d i n g a n y a t t a c h m e n t s m a d e p a r t of t h i s d o c u i t i e n t , is t r u e a n d c o r r e c t .
Date Type or f=Vint Narne of Fterson Completing the Form rule nature
LLC-12 (REV 01/2018} 2018 Califomia Secretary of State
blzfile.sos.ca.gov
•2.
Secretary of State LLC-12 18-D45159
Statement of Information
(Limited Liability Company) FILED
In the office of the Secretary of State
IMPORTANT — Read instructions before completing this form. of the State of California
Filing Fee - $20.00
OCT 15, 2018
Copy Fees - First page $1.00; eacti attachment page $0.50;
Certification Fee - $5.00 plus copy fees
This Space For Office Use Only
1. L i m i t e d L i a b i l i t y C o m p a n y N a m e (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.)
2. 12-Diglt S e c r e t a r y o f State File N u m b e r 3. S ^ l e T T o r e l g n C o u n t r y o r Place o f O r g a n i z a t i o n (only if formed outside of California)
201826210483 CALIFORNIA
4. Business Addresses
a. S t r e e t A ^ ^ ^ ^ ^ ^ c i p a l Office - Do not list a P.O. Box City (no abbreviations) state Zip Code
Littleton CO 80123
City (no abbreviations) state Zip Code
^^^^^^Sf"""" Littleton
city (no abbreviations)
CO
Slate
80123
Zip Code
Sacramento CA 95814
If no managers have been appointed or elected, provide Ihe name and address of each member. At least one naine and address
K M a n a n o r / c t n r Memharr<:\ listed. If the manager/member is an individual, complete Items 5a and 5c (leave Item 5b blank). If the manager/member is
o. lyianager^s; o r m e m D e r ( s ; an entity, complete Items 5b and 5c (leave Item 5a blank). Note: The LLC cannot serve as its own manager or member. If the LLC
has additional managers/members, enter the name(s) and addresses on Form LLC-12A (see instructioiis).
^ ^ ^ ^ ^ ^ ^ ^ ^ a n Individual - Do not complete Item 5b
~b? Entity Name - Do not coiriplete Item 5a
c. Address City (no abbreviations) state Zip Code
8550 W Quincy Ave LITTLETON CO 80123
6. S e r v i c e o f P r o c e s s (Must provide either Individual OR Corporation.)
INDIVIDUAL - Complete Items 6a and 6b only. Must include agent's full name and California street address.
a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix
Legal Zoom.com,inc Legal Zoom,com,inc
b. Street Address (if agent is nof a corporation) - Do not enter a P.O. Box City (no abbreviations) state Zip Code
101 N Brand Blvd 11th Floor Glendale CA 91203
COf?PORATION - Complete Item 6c only. Only include the name of the registered agent Corporation.
c. California Registered Corporate Agent's Name (if agent is a corporation) - Do not complete Item 6a or 6b
7. Type of Business
of the Limited Liability Company
8. Chief Executive Officer, if elected or appointed
a. First Name Middle Name Last Name Suffix
b. Address City (no abbreviations) state Zip Code
9. The Information contained herein, Including any attachments, is true and correct.
1
Preview
1 PATRICIA A. SAVAGE, SBN 236235 SAVAGE, LAMB & LUNDE, PC 2 1550 Humboldt Road, Suite 4 FILED/EnOORSI 3 Chico, CA 95928 Telephone: (530) 592-3861 NOV 2 5 2019 4 Fax: (530) 592-3865 By: H. PortKlanza 5 Ueput>' ClerV. i Attomeys for Plaintiff, 6 JAY ROBINSON and HUGO PINEDA, individually and on 7 behalf of all others similarly situated 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 11 COUNTY OF SACRAMENTO 12 JAY ROBINSON and Case No. 34-2019-00262942 13 HUGO PINEDA, individually and on behalf of all others similarly situated. 14 DECLARATION OF PATRICIA Plaintiffs, SAVAGE IN SUPPORT OF 15 PLAINTIFFS' JOINT OPPOSITION 16 V. TO DEFENDANT ASOMEO ENVIRONMENTAL RESTORATION 17 ASOMEO ENVIRONMENTAL INDUSTRY, LLC'S MOTION TO 18 RESTORATION INDUSTRY, LLC, a TRANSFER VENUE Califomia Coiporation and 19 PHILLIPS & JORDAN, INC. a North Carolina Coiporation and Date: December 10, 2019 20 DOES 1-10, Time: 9:30 a.m. 21 Dept. 47 Defendants. 22 Action filed: August 16, 2019 23 24 I, Patticia Savage, hereby declaie as follows: 25 1. I am an attomey duly licensed to practice before all ofthe Court ofthe State of 26 Califomia. I am counsel of record for Plaintiffs in the above-captioned action. I have personal 27 knowledge of the facts recited herein, and if called as a witness could and would testify as 28 follows: 1 Complainl for Damages 2. On or around December 10, 2018 1 began receiving calls from various employees who provided sei-vices for Defendant. Since that time, I have spoken directly with approximately 50 employees who provided services for Defendant after the Camp Fire in Paiadise occurred. Of 4 the employees I've spoken with, most of them declared that the services they provided were in 5 Butte County and that they were temporaiily housed in a motel in Yuba City. None of them 6 mentioned or identified Placer County as a location in which services were provided. 7 3. After reviewing the Defendant's motion for ti ansfer of venue, I contacted four 8 foimer employees to ask them if they had any relationship with Placer County. To a person, all 9 identified that they spent the majority of their time in Butte County and in Yuba County, that 10 their tools and tiucks were provided in Butte County, and that any wage statements received 11 were issued in Butte County. I did speak with a couple of employees who notified me that some 12 initial ttaining and housing did occur in Placer, but everything else regaiding the work, ttucks, 13 meetings, pay and duties occurred in Butte County and Sutter County. 14 4. Prior tofilingthe cmrent law suit, I asked for a number of documents be provided 15 to my office pmsuant to Labor Code Section 226, including applications for employment and 16 wage statements. No documents were provided to our office for eitlier of the named plaintiffs. 17 However, before Defendantfiledthe present motion, counsel met and confened and I notified 18 counsel that it was my understanding that the AERI employees did not have a substantial 19 relationship to Placer County, if any, and I asked them if they would send us the documents 20 responsive to Labor Code Section 226, we could confiim the appropriate jurisdiction based on 21 the location from which the wage statements were issued. In response, we were provided only 22 two wage statements both of which identified Sacramento, not Placer, on the top ofthe wage 23 statements. True and correct copies ofthe wage statements have been provided hereto as 24 Exhibit 1. 25 5. On or around November 21, 2019, after contacting the various employees and 26 reviewing the declaration attached to Defendant's motion by Mr. Kahn, I notified counsel that 27 based on my experience and many conversations with AERI employees that the declaration was 28 Complaint for Damages 1 perjurious and should be withdr awn. True and coirect copies of the declarations have been 2 attached hereto as Exhibit 4. 3: 6. Counsel subsequently engaged in a phone conversation on November 25, 2019 4 and identified the offending provisions in the declaration one by one. I asked Counsel to 5 withdraw the declaiation or I would be forced to notify the Court that Mi:. Kahn's declaration 6 was not trnthfiil. Counsel for defendant have not withdrawai the peijuiious declaration which I 7 believe violates our canon of ethics as Officers of the Court. 8 7. In preparing for thefilingof this action, my office looked on the California 9 Secretaiy of State website to identify tlie conect legal addressforDefendant AERI. At that time 10 documents were obtained that identified Defendant AERI's address as being in Sacramento, CA. 11 Tme and correct copies of the documents obtained fiom the Secretary of State Website have 12 been attached hereto as Exhibit 3. 13^ 8. Additionally, in conttactual documents obtained from Defendant Phillips & 14 Jordan, AERI's business address is identified as being located in Sacramento, Califomia. A tme 15 and coiTect copy of the conttact has been attached as Exhibit 2. 16 I declai e under penalty of perjuiy under the; laws of the State of California that tlie 17 foregoing is true and conect. 18 19 20 Date; November 25, 2019 21 A A. SAVAGE 22 23 24 25 26 27 28 Complaint for Damages EXHIBIT 1 Soutti East Employee Leasing Services 2739 U.S. Highway 19 N. Holiday, FL 34691 (866) 605-8605 Asomeo Environmental Rest. Ind 980 9th St. 16th FI Office 44 SOUTHEAST PCRSONNU LEASING. IKC. Sacramento, CA 95814 (916) 223-6750 1. Employee ROBINSON, JAY R Check Date 5/17/2019 SSN *'*-**-0152 Period Start 1/27/2019 Occupation FELLER Period End 2/2/2019 Department (unassigned) Employee ID 89656170065 Address 6402 ALVA AVE Pay Type Hourly KLAMATH FALLS, OR 97603 Hire Date 1/21/2019 Adjustment ((unassigned)) 24.00 15.27 $366.48 ' $455.10 Adjustment ((unassigned)) 6.00 14.77 $88.62 $455.10 Sick leave 0.00 1.00 1.00 693.00 $0.00 $693.00 $693.00 $0.00 page 1 o f 1 EXHIBIT 2 ,1 <0 - -i f^ b ^ / 8 Secretary of State LLC-12 FILED Statement of Information Secretary of State (Limited Liability Company) State of California IMPORTANT — T h i s f o r m c a n be filed online at bizfilo.sos.ca.gov. NOV 0 8 2018 Read instructions before completing this f o r m . Fling Fee - $ 2 0 . 0 0 Copy Fees - First page $1.00;each attachmenlpage$0.50; 15? Certification Fee - $5.00 plus copy fees /Above Space For Office Use Only 1. Limited Liability Company Name (Enter (he exact name of the LLC. If you registered In Calitornia using an alternaio name, soe inslruclions,) 2. 12-Diglt S e c r e t a r y of State Entity (File) Num tier 3. State, F o r e i g n C o u n t r y o r Place o f Organization (only it loimed outside of California) 4. B u s i n e s s A d d r e s s e s a. Street Address of Principal OfUcc- Do not list a P.O. Box City (no abbre/ialjons) Stale Zip Code ScA.crc^ry^eii-^ b. Mailing Address of LLC. ) f d l f l c r e n t ( h a n i t e m 4 a City (no abbreviations) state Zip Code c. Street Address tS Carifomia'Cffce, if Item 4a is not ID Cal/ornla-Oo not list a P.O. Box City (noabbreviations) State Zip Code CA If no managers have been appointed or elected, provide tlie name and address of each member. Al least one name and address 5. Manager(s) o r MemtX!r(s) rr^Msx bo listed, if the manager/member is an Individual, complele Items 5a and 5c (leave Item 61) blank). II the manager/member Is ' an entity, complete Items 5band Sc (leave Item Sa blank). Note: The LLC cannot servo as its own manager or member. If the LLC has additional managers/members, enter the name(s) and address(es) on R>m)LLO\2A. a. First Name, if an indwidual - Do not complete Item 5b Middle Name Last Name Suffix b. Entity Name - Do not complete llemSa c. Adbrcss ' " " • -^-a--.^--*".*.*-^.*""—™™^ City (no abbrei/lalions) Stale Zip Code ^ f ^ S i f v i c e o f P r o c e s s (Ivlust provide either Individual OR Corporation.) ' INOIVIDU/U. - Complete Items 6a and 6b only. Must include agent's full name and California street address. a. California Agent's First Name (If agcrt Is n o t a corporation) Middle Name Last Name Suffix b. Street Address (if ager< is not a corporalicn) - Oo not e n t e r s P.O.Box City (no abbreviations) Stale Zip Code CA CORPORATION -Complete Horn 6c only. Only include the name of the registered agenl Corporation. c. Califomia Registered Corporate Agenfs Name (il agail is a corporaion)-Do not complele Item 6a or 6b 7. T y p e ^ f B u s i n e s s •escribe thetypeof bushess or services of the Limtod Liab'lily Conpary B. Chief Exc cu t ive Office r, if c fcctcd or app ointcd Q. First Name Middle Name Last Name Suffix b. Address City (no abbreviatons) State Zip Code 9. T h e I n f o r m a t i o n c o n t a i n e d h e r e i n , i n c l u d i n g a n y a t t a c h m e n t s m a d e p a r t of t h i s d o c u i t i e n t , is t r u e a n d c o r r e c t . Date Type or f=Vint Narne of Fterson Completing the Form rule nature LLC-12 (REV 01/2018} 2018 Califomia Secretary of State blzfile.sos.ca.gov •2. Secretary of State LLC-12 18-D45159 Statement of Information (Limited Liability Company) FILED In the office of the Secretary of State IMPORTANT — Read instructions before completing this form. of the State of California Filing Fee - $20.00 OCT 15, 2018 Copy Fees - First page $1.00; eacti attachment page $0.50; Certification Fee - $5.00 plus copy fees This Space For Office Use Only 1. L i m i t e d L i a b i l i t y C o m p a n y N a m e (Enter the exact name of the LLC. If you registered in California using an alternate name, see instructions.) 2. 12-Diglt S e c r e t a r y o f State File N u m b e r 3. S ^ l e T T o r e l g n C o u n t r y o r Place o f O r g a n i z a t i o n (only if formed outside of California) 201826210483 CALIFORNIA 4. Business Addresses a. S t r e e t A ^ ^ ^ ^ ^ ^ c i p a l Office - Do not list a P.O. Box City (no abbreviations) state Zip Code Littleton CO 80123 City (no abbreviations) state Zip Code ^^^^^^Sf"""" Littleton city (no abbreviations) CO Slate 80123 Zip Code Sacramento CA 95814 If no managers have been appointed or elected, provide Ihe name and address of each member. At least one naine and address K M a n a n o r / c t n r Memharr<:\ listed. If the manager/member is an individual, complete Items 5a and 5c (leave Item 5b blank). If the manager/member is o. lyianager^s; o r m e m D e r ( s ; an entity, complete Items 5b and 5c (leave Item 5a blank). Note: The LLC cannot serve as its own manager or member. If the LLC has additional managers/members, enter the name(s) and addresses on Form LLC-12A (see instructioiis). ^ ^ ^ ^ ^ ^ ^ ^ ^ a n Individual - Do not complete Item 5b ~b? Entity Name - Do not coiriplete Item 5a c. Address City (no abbreviations) state Zip Code 8550 W Quincy Ave LITTLETON CO 80123 6. S e r v i c e o f P r o c e s s (Must provide either Individual OR Corporation.) INDIVIDUAL - Complete Items 6a and 6b only. Must include agent's full name and California street address. a. California Agent's First Name (if agent is not a corporation) Middle Name Last Name Suffix Legal Zoom.com,inc Legal Zoom,com,inc b. Street Address (if agent is nof a corporation) - Do not enter a P.O. Box City (no abbreviations) state Zip Code 101 N Brand Blvd 11th Floor Glendale CA 91203 COf?PORATION - Complete Item 6c only. Only include the name of the registered agent Corporation. c. California Registered Corporate Agent's Name (if agent is a corporation) - Do not complete Item 6a or 6b 7. Type of Business of the Limited Liability Company 8. Chief Executive Officer, if elected or appointed a. First Name Middle Name Last Name Suffix b. Address City (no abbreviations) state Zip Code 9. The Information contained herein, Including any attachments, is true and correct. 1