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= LEWIS BRISBOIS BISGAARD & SMITH LLP Bi ee few anf
SHANE SINGH, SB# 202733
E-Mail: Shane.Singh@lewisbrisbois.com JUN 13 2023
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GRACE E. MEHTA, SB# 327676
E-Mail: Grace.Mehta@lewisbrisbois.com By: E Macdonald
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2020 West El Camino Avenue, Suite 700 y: Deputy ou
Sacramento, California 95833
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Telephone: 916.564.5400
Facsimile: 916.564.5444
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Attorneys for Defendant, ASOMEO
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ENVIRONMENTAL RESTORATION
INDUSTRY, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS
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individually and on behalf of all others
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similarly situated, DECLARATION OF GRACE MEHTA IN
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SUPPORT OF DEFENDANT’S
Plaintiffs, OPPOSITION TO MOTION FOR CLASS
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BY FAX
CERTIFICATION
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Date: June 27, 2023
ASOMEO ENVIRONMENTAL Time: 9:00 a.m.
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RESTORATION INDUSTRY, LLC, a Dept.: 54
California Corporation and PHILLIPS &
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JORDAN INC., a North Carolina Corporation | Action Filed: August 16, 2019
and DOES 1-10, Trial Date: None Set
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Defendants.
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DECLARATION OF GRACE MEHTA
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I, Grace Mehta, declare as follows:
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L. I am an attorney duly admitted to practice in all of the courts of the State of
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California and I am an associate with Lewis Brisbois Bisgaard & Smith LLP, attorneys of record
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for Defendant, ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC herein. The
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facts set forth herein are of my own personal knowledge, and if sworn I could and would
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competently testify thereto.
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2. In response to receiving Plaintiffs’ Motion for Class Certification, Defendant AERI
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BRISBOIS 125565132.1 1
BISGAARD DECLARATION OF GRACE MEHTA IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR
& SMITH LP
ATTORNEYS AT LAW CLASS CERTIFICATION
= noticed Plaintiff Pineda’s deposition. A true and correct copy of the Deposition Notice to Plaintiff
Pineda is attached hereto as Exhibit A.
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ai Plaintiffs’ counsel responded to the deposition notice for Plaintiff Pineda via email
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indicating that she would not be producing Plaintiff Pineda for deposition. A true and correct
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copy of the email correspondence related to Plaintiff Pineda’s deposition is attached hereto as
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Exhibit B.
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4. Plaintiffs’ counsel took the deposition of Lawrence Kahn, AERI’s person most
knowledgeable, on April 21, 2022. A true and correct copy of the relevant portions of Mr. Kahn’s
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deposition transcript is attached hereto as Exhibit C.
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct and that this declaration was executed on this 13th day of June, 2023,
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at Sacramento, California.
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BRISBOIS 125565132.1 2
BISGAARD DECLARATION OF GRACE MEHTA IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR
& SMITH LP
ATTORNEYS AT LAW CLASS CERTIFICATION
EXHIBIT A
= LEWIS BRISBOIS BISGAARD & SMITH LLP
SHANE SINGH, SB# 202733
E-Mail: Shane.Singh@lewisbrisbois.com
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GRACE E. MEHTA, SB# 327676
E-Mail: Grace.Mehta@lewisbrisbois.com
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2020 West El Camino Avenue, Suite 700
Sacramento, California 95833
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Telephone: 916.564.5400
Facsimile: 916.564.5444
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Attorneys for Defendant, ASOMEO
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ENVIRONMENTAL RESTORATION
INDUSTRY, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS
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individually and on behalf of all others
similarly situated,
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NOTICE OF TAKING DEPOSITION OF
Plaintiffs, PLAINTIFF HUGO PINEDA
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ASOMEO ENVIRONMENTAL Action Filed: August 16, 2019
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RESTORATION INDUSTRY, LLC, a Trial Date: None Set
California Corporation and PHILLIPS &
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JORDAN INC., a North Carolina Corporation
and DOES 1-10, ,
Defendants.
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TO PLAINTIFF HUGO PINEDA AND HIS ATTORNEYS OF RECORD:
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NOTICE IS HEREBY GIVEN that pursuant to Code of Civil Procedure section 2025.010,
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et seq., Defendant ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY LLC
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(“Defendant”) will take the deposition upon oral examination of Plaintiff HUGO PINEDA
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(“Plaintiff”) on June 13, 2023, at 10:30 a.m. (PST) at 2020 West El Camino Avenue, Suite 700
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Sacramento, California 95833.
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The deposition will be taken before a Notary Public or other person authorized to
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administer oaths pursuant to the laws of the State of California and shall continue from day to day,
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LEWIS
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BRISBOIS
BISGAARD 93853045.1 ]
& SMITHLLP
ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
= excluding Saturdays, Sundays, and holidays, until completed.
NOTICE IS FURTHER GIVEN, that pursuant to Code of Civil Procedure section
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2025.220, the deposition may be video and/or audio taped. DEFENDANT also reserve the right
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to use said video and/or audio tapes at the time of trial.
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If an interpreter will be necessary, please notify this office within five (5) days prior to the
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deposition and specify the language and dialect that will be required.
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REQUEST FOR PRODUCTION OF DOCUMENTS
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PLEASE TAKE FURTHER NOTICE that pursuant to Code of Civil Procedure section
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2034.415 the deponent should provide a copy of all materials responsive to this notice at least
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three (3) business days before the date of the deposition.
DHDelUmDNOGOlUlUreSEtlCCCOlCUCOlClUlCODWDOUCUCUNClCOCONOU
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DEFINITIONS
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“PLAINTIFF PINEDA” shall refer to Hugo Pineda and (i) all of his present and former
agents, representatives, accountants, investigators, and consultants; (ii) any other person or entity
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acting on his behalf or on whose behalf he acted, or (iii) any other person or entity otherwise
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subject to his control or which controls him, or with which he is under common control.
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“YOU” and “YOUR” shall refer to Hugo Pineda and (i) all of his present and former
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agents, representatives, accountants, investigators, and consultants; (ii) any other person or entity
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acting on his behalf or on whose behalf he acted, or (iii) any other person or entity otherwise
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subject to his control or which controls him, or with which he is under common control.
“PLAINTIFF ROBINSON” shall refer to Jay Robinson and (i) all of his present and
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former agents, representatives, accountants, investigators, and consultants; (ii) any other person or
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entity acting on his behalf or on whose behalf he acted, or (iii) any other person or entity otherwise
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subject to his control or which controls him, or with which he is under common control.
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“DEFENDANT AERI” shall refer to ASOMEO ENVIRONMENTAL RESTORATION
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INDUSTRY, LLC and (i) all their present and former agents, representatives, accountants,
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investigators, consultants, and attorneys; (ii) any other person or entities acting on their behalf or
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on whose behalf they acted; or (iii) any other person or entity otherwise subject to their control or
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which controls them, or with which they are under common control.
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BRISBOIS
BISGAARD 93853045. 1 2
& SMITH LLP
ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
= “DEFENDANT PHILLIPS & JORDAN” shall refer to PHILLIPS & JORDAN INC. and
(i) all their present and former agents, representatives, accountants, investigators, consultants, and
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attorneys; (ii) any other person or entities acting on their behalf or on whose behalf they acted; or
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(iii) any other person or entity otherwise subject to their control or which controls them, or with
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which they are under common control.
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“DEFENDANTS?” shall refer to ASOMEO ENVIRONMENTAL RESTORATION
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INDUSTRY, LLC and PHILLIPS & JORDAN INC. and (i) all their present and former agents,
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representatives, accountants, investigators, consultants, and attorneys; (ii) any other person or
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entities acting on their behalf or on whose behalf they acted; or (iii) any other person or entity
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otherwise subject to their control or which controls them, or with which they are under common
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control.
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“DOCUMENTS?” include, but are not limited to, any writing as defined in California
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Evidence Code section 250, including the originals, or copies when originals are not available, of
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any writing filed for reporting or other purposes with any federal, state, or local agesiey: notes;
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memoranda; letters; financial ledgers; intra-office or interoffice communications; circulars;
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bulletins; manuals; results of investigations; progress reports; performance evaluations;
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employment, transfer, or promotion applications; studies made by or for any business or personal
use; working papers; contracts; agreements; affidavits; declarations; statements; bills; books of
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accounts; vouchers; evaluations; drawings; photographs; desk calendars; bank checks; pay stubs;
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charge slips; receipts; expense accounts; statistical records; cost sheets; journals; diaries; personal
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notes; time sheets or logs; computer data (whether in written, magnetic, electronic, physical, or
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other form); computer disks; audio or video recordings; job or transaction files; medical records;
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permits, licenses, or applications therefor; unemployment applications; personnel evaluations;
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resumes; appointment books; books; records, copies, extracts, and summaries of other documents;
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and preliminary, intermediate, and final drafts of any of the above, whether used or not.
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“COMMUNICATE” or “COMMUNICATION” refers to every manner or means of
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disclosure, transfer, exchange of information, whether orally or in writing, whether face-to-face,
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by telephone, mail, fax, email, or any other method.
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BRISBOIS
BISGAARD 93853045.1 3
& SMITH LLP
ATTORNEYS AT LAW. NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
= “RELATED TO” or “SUPPORTING” means and includes evidencing, referring,
relating, memorializing, embodying, containing, constituting, identifying, stating, being relevant
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to, concerning, refuting, proving, disproving, or negating.
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“PERSON” means any individual, firm, partnership, corporation, proprietorship,
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association, governmental body, or other organization or entity.
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“COMPLAINT” means Plaintiffs’ Second Amended Complaint filed in the Superior
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Court of the State of California, County of Sacramento Case No. 34-2019-00262942-CU-OE-
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GDS.
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“STATEMENT” means any oral, written, stenographic, or recorded declaration of any
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kind or description.
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“EMPLOYMENT” or “EMPLOYED” means a relationship in which a PERSON
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provides services requested by or on behalf of an EMPLOYER.
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“EMPLOYER?” means a PERSON who employs PERSON to provide services in an
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employment relationship.
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REQUEST FOR PRODUCTION NO. 1:
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Any and all DOCUMENTS DEFENDANT AERI provided to YOU during YOUR
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EMPLOYMENT with DEFENDANT AERI.
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REQUEST FOR PRODUCTION NO. 2:
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Any and all DOCUMENTS, including, but not limited to, calendars, day-planners, diaries,
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notes, journals, logs, chronologies, or memoranda prepared, written, or maintained by YOU at any
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time up through the present RELATED to any aspect of YOUR EMPLOYMENT with
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DEFENDANT AERI.
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REQUEST FOR PRODUCTION NO. 3:
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Any and all DOCUMENTS RELATED TO YOUR receipt of wages, salaries, earnings,
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bonuses, commissions, unemployment insurance benefits, disability insurance payments,
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retirement benefits or any other financial benefits, compensation, or income YOU received from
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DEFENDANTS.
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BRISBOIS
BISGAARD 93853045.1 4
& SMITH LLP
ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
— REQUEST FOR PRODUCTION NO. 4:
Any and all DOCUMENTS RELATED TO the terms and conditions of YOUR
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EMPLOYMENT with DEFENDANT AERI.
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REQUEST FOR PRODUCTION NO. 5:
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Any and all DOCUMENTS RELATED TO evaluations of YOUR job performance,
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whether formal or informal, while YOU were EMPLOYED by DEFENDANT AERI.
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REQUEST FOR PRODUCTION NO. 6:
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Any and all DOCUMENTS RELATED TO any written warnings OR disciplinary action
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RELATED TO YOUR job performance while EMPLOYED by DEFENDANT AERI.
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REQUEST FOR PRODUCTION NO. 7:
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Any and all DOCUMENTS RELATED TO or establishing YOUR economic loss, if any as
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RELATED TO the allegations in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 8:
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Any and all DOCUMENTS RELATED TO any attempt by YOU to mitigate the damages
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alleged by YOU in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 9:
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Any and all DOCUMENTS sent by YOU to any non-parties that RELATE TO any of the
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allegations in the COMPLAINT.
REQUEST FOR PRODUCTION NO. 10:
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Any and all DOCUMENTS received by YOU from any non-parties that RELATE TO any
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of the allegations in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 11:
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Any and all DOCUMENTS sent by YOU to any current employees of DEFENDANTS,
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which RELATE TO any of the allegations in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 12:
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Any and all DOCUMENTS received by YOU from any current employees of
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DEFENDANTS, which RELATE TO any of the allegations in the COMPLAINT.
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BRISBOIS
BISGAARD 93853045.1 5
& SMITH LLP
ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
= REQUEST FOR PRODUCTION NO. 13:
Any and all DOCUMENTS sent by YOU to any former employees of DEFENDANTS that
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RELATE TO any of the allegations in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 14:
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Any and all DOCUMENTS received by YOU from any former employees of
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DEFENDANTS, which RELATE TO any of the allegations in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 15:
Any and all witness STATEMENTS RELATED TO any contention in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 16:
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Any and all signed affidavits RELATED TO any contention in the COMPLAINT.
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REQUEST FOR PRODUCTION NO. 17:
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Any and all DOCUMENTS RELATED TO any COMMUNICATION between YOU and
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any doctors, psychiatrists, psychologists, or counselors, caused or aggravated by DEFENDANTS’
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conduct.
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REQUEST FOR PRODUCTION NO. 18:
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Any and all DOCUMENTS RELATED TO any Division of Labor Standards Enforcement
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complaints or claims filed or made by YOU.
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REQUEST FOR PRODUCTION NO. 19:
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Any and all DOCUMENTS RELATED TO any Labor and Workforce Development
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Agency complaints, or claims filed or made by YOU.
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REQUEST FOR PRODUCTION NO. 20:
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Any and all DOCUMENTS RELATED TO any Workers’ Compensation complaints or
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claims filed or made by YOU within the last five years.
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REQUEST FOR PRODUCTION NO. 21:
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Any and all DOCUMENTS RELATED TO any Equal Employment Opportunity
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ADA
Commission complaints or claims filed or made by YOU.
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REQUEST FOR PRODUCTION NO. 22:
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Any and all DOCUMENTS which RELATE TO any legal action in which YOU were a
LEWIS
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BRISBOIS
BISGAARD 93853045.1 6
& SMITH LLP
ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
— party within the last five years.
REQUEST FOR PRODUCTION NO. 23:
NO
Any and all DOCUMENTS RELATED TO YOUR EMPLOYMENT with DEFENDANT
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PHILLIPS & JORDAN, including any and all employment agreements, contracts, employee
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handbooks, policies, procedures, memoranda, and correspondences.
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REQUEST FOR PRODUCTION NO. 24:
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Any and all DOCUMENTS RELATED TO YOUR second cause of action that
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DEFENDANTS failed to pay overtime wages.
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REQUEST FOR PRODUCTION NO. 25:
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Any and all DOCUMENTS RELATED TO YOUR third cause of action that
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DEFENDANTS failed to pay minimum wages.
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REQUEST FOR PRODUCTION NO. 26:
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Any and all DOCUMENTS RELATED TO YOUR fourth cause of action that
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DEFENDANTS failed to provide meal periods or premium pay in lieu thereof.
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REQUEST FOR PRODUCTION NO. 27:
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Any and all DOCUMENTS RELATED TO YOUR fifth cause of action that
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DEFENDANTS failed to provide rest periods or premium pay in lieu thereof.
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REQUEST FOR PRODUCTION NO. 28:
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Any and all DOCUMENTS RELATED TO YOUR sixth cause of action that
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DEFENDANTS failed to pay final wages.
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NO
REQUEST FOR PRODUCTION NO. 29:
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Any and all DOCUMENTS RELATED TO YOUR seventh cause of action that
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DEFENDANTS failed to furnish accurate wage statements.
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REQUEST FOR PRODUCTION NO. 30:
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NY
Any and all DOCUMENTS RELATED TO YOUR eighth cause of action that
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DEFENDANTS failed to pay reimbursement expenses.
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REQUEST FOR PRODUCTION NO. 31:
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NY
Any and all DOCUMENTS RELATED TO YOUR ninth cause of action for violation of
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BRISBOIS
BISGAARD 93853045.1 7
& SMITH LLP
ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
= Labor Code Section 558.
REQUEST FOR PRODUCTION NO. 32:
NO
Any and all DOCUMENTS RELATED TO YOUR tenth cause of action that
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DEFENDANTS failed to keep accurate time records.
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REQUEST FOR PRODUCTION NO. 33:
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Any and all DOCUMENTS RELATED TO YOUR eleventh cause of action for
solicitation of employees by misrepresentation.
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REQUEST FOR PRODUCTION NO. 34:
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All DOCUMENTS RELATED TO any monetary damages YOU allege YOU sustained as
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a result of DEFENDANTS’ alleged actions.
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DATED: April 25, 2023 LEWIS BRISBOIS BISGAARD & SMITH LLP
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By:
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SHANE SINGH
Attorneys for Defendant, ASOMEO
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BRISBOIS
BISGAARD 93853045.1 8
& SMITH LLP
ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA
EXHIBIT B
6/10/23, 9:24 PM RE: Robinson v. AERI (Pineda depo on 5/13/23) - Mehta, Grace - Outlook
RE: Robinson v. AERI (Pineda depo on 5/13/23)
Singh, Shane
Thu 6/8/2023 4:00 PM
To:Patricia Savage ;French, Anne ;Max Lennig
;Morgan Forsey ;Amanda Beckwith
Cc:Mehta, Grace ;Promnick-Pavlov, Genna
Patricia —
This will confirm that we will postpone Pineda’s depo set for 5/13/23,
Please advise if you will be filing a dismissal for Pineda or motion to withdraw, please advise by COB on 5/13/23,
or we will bring a MTC to compel your client’s deposition.
| need to ask him about “accord & satisfaction”.
Thank you,
Shane
Shane Singh
Partner
Sacramento
916.646.8217 or x9168217
From: Patricia Savage
Sent: Monday, June 5, 2023 3:20 PM
To: French, Anne ; Max Lennig ; Morgan Forsey
; Amanda Beckwith
Cc: Singh, Shane ; Mehta, Grace
Subject: [EXT] RE: Robinson v. AERI
Please do note, that but for one exception, we have not spoken with Mr. Pineda since he was contacted directly
by AERI’s agent, Jonathan Fannuci, to have him sign a settlement agreement of all claims.
We understand that he is working for AERI and as there is now a conflict, we cannot produce him for the
deposition that | understand you set for tomorrow.
Thanks.
From: French, Anne
Sent: Monday, May 8, 2023 12:20 PM
To: Patricia Savage ; Max Lennig ; Morgan Forsey
; Amanda Beckwith
Cc: Singh, Shane ; Mehta, Grace
Subject: Robinson v. AERI
about:blank 1/2
6/10/23, 9:24 PM RE: Robinson v. AERI (Pineda depo on 5/13/23) - Mehta, Grace - Outlook
Counsel,
Attached please find a copy of the First Amended Deposition Notice of Plaintiff Robinson
in the above matter.
Thank you.
Anne M. French
L EWI S Legal Assistant to Shane Singh,
r Matthew Randle, George Theofanis
BRISBOIS and Grace Mehta
= Anne.French@lewisbrisbois.com
T: 916.564.5400 F: 916.564.5444
2020 West El Camino Ave., Suite 700 | Sacramento, CA, 95833 | LewisBrisbois.com
about:blank 2/2
EXHIBIT C
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
JAY ROBINSON and HUGO PINDA, ) CERTIFIED
individually and on behalf of )
all others similarly situated,) Ue 1d Lael
Plaintiff,
Vv. CASE NO. 34-2019-0026942
ASOMEO ENVIRONMENTAL
RESTORATION INDUSTRY, LLC, a
California Corporation and
PHILLIPS & JORDAN, INC., a
North Carolina Corporation,
and DOES 1-10, inclusive,
Defendant.
VIDEOCONFERENCED DEPOSITION OF LAWRENCE KAHN
Thursday, April 21, 2022
--0o00--
Reported by: CHRISTINA BICOCCA, CSR #12932
CAROL NYGARD
& ASSOCIATES TR RCE AYA
, MeGeA DEPOSITION
DEPOSITION REPORTERS REPORTERS |
www.NygardReporting.com @ 1-877-438-7787 “#07 core Naud & Associates Deposition Reporters
= : i
CHICO | SACRAMENTO | SAN FRANCISCO | WALNUT CREEK | YUBA CITY
04/21/2022 KAHN LAWRENCE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
JAY ROBINSON and HUGO PINDA, )
individually and on behalf of )
CERTIFIED
all others similarly situated,) a etal
Plaintiff,
es
es
Vv. CASE NO. 34-2019-0026942
we
ete
ASOMEO ENVIRONMENTAL
RESTORATION INDUSTRY, LLC, a
ee
California Corporation and
PHILLIPS & JORDAN, INC., a
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North Carolina Corporation,
and DOES 1-10, inclusive,
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Defendant.
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VIDEOCONFERENCED DEPOSITION OF LAWRENCE KAHN
Thursday, April 21, 2022
--000--
Reported by: CHRISTINA BICOCCA, CSR #12932
Carol Nygard & Associates, Inc. 1-877-438-7787
04/21/2022 KAHN LAWRENCE Page2
APPEARANCES
Counsel for the Plaintiff:
SAVAGE, LAMB, REIMER & HOOPER
1550 Humboldt Road, Suite 4
Chico, California 95928
(530) 809-1851
BY: PATRICIA A. SAVAGE, ESQ.
psavage@slrhlaw.com
(PRESENT VIA VIDEOCONFERENCE)
10
Li
12 Counsel for the Defendant:
L3 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
14 2020 West El Camino Avenue, Suite 700
15 Sacramento, California 95833
16 (916) 564-5400
17 BY: SHALEND S. SINGH, ESQ.
18 shane. singh@lewisbrisbois.com
19 (PRESENT VIA VIDEOCONFERENCE)
20
21 Also Present:
22 GRACE MEHTA
23 (PRESENT VIA VIDEOCONFERENCE)
24
25
Carol Nygard & Associates, Inc. 1-877-438-7787
04/21/2022 KAHN LAWRENCE Page 122
CERTIFICATE OF CERTIFIED SHORTHAND REPORTER
I, Christina Bicocca,
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Fi i a \ Fs | fn 5 \ = LEWIS BRISBOIS BISGAARD & SMITH LLP Bi ee few anf SHANE SINGH, SB# 202733 E-Mail: Shane.Singh@lewisbrisbois.com JUN 13 2023 NH GRACE E. MEHTA, SB# 327676 E-Mail: Grace.Mehta@lewisbrisbois.com By: E Macdonald OH 2020 West El Camino Avenue, Suite 700 y: Deputy ou Sacramento, California 95833 ye Telephone: 916.564.5400 Facsimile: 916.564.5444 Wm Attorneys for Defendant, ASOMEO DB ENVIRONMENTAL RESTORATION INDUSTRY, LLC NA Fe SUPERIOR COURT OF THE STATE OF CALIFORNIA So COUNTY OF SACRAMENTO = SC =O JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS NR individually and on behalf of all others FOO similarly situated, DECLARATION OF GRACE MEHTA IN oO SUPPORT OF DEFENDANT’S Plaintiffs, OPPOSITION TO MOTION FOR CLASS =F » BY FAX CERTIFICATION vs. =F ua Date: June 27, 2023 ASOMEO ENVIRONMENTAL Time: 9:00 a.m. F|F& DBNAHeA RESTORATION INDUSTRY, LLC, a Dept.: 54 California Corporation and PHILLIPS & F§ JORDAN INC., a North Carolina Corporation | Action Filed: August 16, 2019 and DOES 1-10, Trial Date: None Set F Defendants. CO F& CF NR DECLARATION OF GRACE MEHTA =—=&= NK I, Grace Mehta, declare as follows: NR NY L. I am an attorney duly admitted to practice in all of the courts of the State of |} NY California and I am an associate with Lewis Brisbois Bisgaard & Smith LLP, attorneys of record +» NY for Defendant, ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC herein. The RY a facts set forth herein are of my own personal knowledge, and if sworn I could and would Ne IDB competently testify thereto. rv 2. In response to receiving Plaintiffs’ Motion for Class Certification, Defendant AERI Sa LEWIS nv BRISBOIS 125565132.1 1 BISGAARD DECLARATION OF GRACE MEHTA IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR & SMITH LP ATTORNEYS AT LAW CLASS CERTIFICATION = noticed Plaintiff Pineda’s deposition. A true and correct copy of the Deposition Notice to Plaintiff Pineda is attached hereto as Exhibit A. Ne ai Plaintiffs’ counsel responded to the deposition notice for Plaintiff Pineda via email Oy indicating that she would not be producing Plaintiff Pineda for deposition. A true and correct > copy of the email correspondence related to Plaintiff Pineda’s deposition is attached hereto as Oe Exhibit B. NBD 4. Plaintiffs’ counsel took the deposition of Lawrence Kahn, AERI’s person most knowledgeable, on April 21, 2022. A true and correct copy of the relevant portions of Mr. Kahn’s fF deposition transcript is attached hereto as Exhibit C. So I declare under penalty of perjury under the laws of the State of California that the CO foregoing is true and correct and that this declaration was executed on this 13th day of June, 2023, =| — —=—— at Sacramento, California. NY == HO F&F FF Ace © AMax F® no Grace E. Mehta / Bo FF Fe BN FF © FS NK = NK NKR NY oO NY ss» NY aoa NY Dn NY rANIo NY LEWIS So nv BRISBOIS 125565132.1 2 BISGAARD DECLARATION OF GRACE MEHTA IN SUPPORT OF DEFENDANT’S OPPOSITION TO MOTION FOR & SMITH LP ATTORNEYS AT LAW CLASS CERTIFICATION EXHIBIT A = LEWIS BRISBOIS BISGAARD & SMITH LLP SHANE SINGH, SB# 202733 E-Mail: Shane.Singh@lewisbrisbois.com NYO GRACE E. MEHTA, SB# 327676 E-Mail: Grace.Mehta@lewisbrisbois.com OW 2020 West El Camino Avenue, Suite 700 Sacramento, California 95833 > Telephone: 916.564.5400 Facsimile: 916.564.5444 nD Attorneys for Defendant, ASOMEO Bn ENVIRONMENTAL RESTORATION INDUSTRY, LLC NIN fm SUPERIOR COURT OF THE STATE OF CALIFORNIA So COUNTY OF SACRAMENTO mt CS mk = JAY ROBINSON and HUGO PINEDA, CASE NO. 34-2019-00262942-CU-OE-GDS mk NY individually and on behalf of all others similarly situated, He mk NOTICE OF TAKING DEPOSITION OF Plaintiffs, PLAINTIFF HUGO PINEDA F&F pm vs. Uo mm ASOMEO ENVIRONMENTAL Action Filed: August 16, 2019 ARAB RESTORATION INDUSTRY, LLC, a Trial Date: None Set California Corporation and PHILLIPS & mm BNH JORDAN INC., a North Carolina Corporation and DOES 1-10, , Defendants. CO FS KCN TO PLAINTIFF HUGO PINEDA AND HIS ATTORNEYS OF RECORD: N = NOTICE IS HEREBY GIVEN that pursuant to Code of Civil Procedure section 2025.010, NY NH et seq., Defendant ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY LLC }} NY (“Defendant”) will take the deposition upon oral examination of Plaintiff HUGO PINEDA F>_ NY (“Plaintiff”) on June 13, 2023, at 10:30 a.m. (PST) at 2020 West El Camino Avenue, Suite 700 NY a Sacramento, California 95833. Dn NY The deposition will be taken before a Notary Public or other person authorized to IAI NY administer oaths pursuant to the laws of the State of California and shall continue from day to day, Soa LEWIS nv BRISBOIS BISGAARD 93853045.1 ] & SMITHLLP ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA = excluding Saturdays, Sundays, and holidays, until completed. NOTICE IS FURTHER GIVEN, that pursuant to Code of Civil Procedure section NO 2025.220, the deposition may be video and/or audio taped. DEFENDANT also reserve the right WD to use said video and/or audio tapes at the time of trial. Fe If an interpreter will be necessary, please notify this office within five (5) days prior to the nN deposition and specify the language and dialect that will be required. BD REQUEST FOR PRODUCTION OF DOCUMENTS NIN PLEASE TAKE FURTHER NOTICE that pursuant to Code of Civil Procedure section fF 2034.415 the deponent should provide a copy of all materials responsive to this notice at least SoS three (3) business days before the date of the deposition. DHDelUmDNOGOlUlUreSEtlCCCOlCUCOlClUlCODWDOUCUCUNClCOCONOU Nell DEFINITIONS — —— “PLAINTIFF PINEDA” shall refer to Hugo Pineda and (i) all of his present and former agents, representatives, accountants, investigators, and consultants; (ii) any other person or entity = kOe acting on his behalf or on whose behalf he acted, or (iii) any other person or entity otherwise F—=® subject to his control or which controls him, or with which he is under common control. FF? “YOU” and “YOUR” shall refer to Hugo Pineda and (i) all of his present and former F® agents, representatives, accountants, investigators, and consultants; (ii) any other person or entity F® acting on his behalf or on whose behalf he acted, or (iii) any other person or entity otherwise FF subject to his control or which controls him, or with which he is under common control. “PLAINTIFF ROBINSON” shall refer to Jay Robinson and (i) all of his present and NY former agents, representatives, accountants, investigators, and consultants; (ii) any other person or NKR entity acting on his behalf or on whose behalf he acted, or (iii) any other person or entity otherwise NKR subject to his control or which controls him, or with which he is under common control. KR “DEFENDANT AERI” shall refer to ASOMEO ENVIRONMENTAL RESTORATION kt KY INDUSTRY, LLC and (i) all their present and former agents, representatives, accountants, eUW NY investigators, consultants, and attorneys; (ii) any other person or entities acting on their behalf or DNDN NY on whose behalf they acted; or (iii) any other person or entity otherwise subject to their control or NY CoN which controls them, or with which they are under common control. LEWIS nv BRISBOIS BISGAARD 93853045. 1 2 & SMITH LLP ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA = “DEFENDANT PHILLIPS & JORDAN” shall refer to PHILLIPS & JORDAN INC. and (i) all their present and former agents, representatives, accountants, investigators, consultants, and NO attorneys; (ii) any other person or entities acting on their behalf or on whose behalf they acted; or OO (iii) any other person or entity otherwise subject to their control or which controls them, or with > which they are under common control. aA “DEFENDANTS?” shall refer to ASOMEO ENVIRONMENTAL RESTORATION BAB INDUSTRY, LLC and PHILLIPS & JORDAN INC. and (i) all their present and former agents, KI representatives, accountants, investigators, consultants, and attorneys; (ii) any other person or fF entities acting on their behalf or on whose behalf they acted; or (iii) any other person or entity eo otherwise subject to their control or which controls them, or with which they are under common met CO control. ek = “DOCUMENTS?” include, but are not limited to, any writing as defined in California NKR Evidence Code section 250, including the originals, or copies when originals are not available, of HO any writing filed for reporting or other purposes with any federal, state, or local agesiey: notes; F&F ome memoranda; letters; financial ledgers; intra-office or interoffice communications; circulars; un om bulletins; manuals; results of investigations; progress reports; performance evaluations; NHRADA employment, transfer, or promotion applications; studies made by or for any business or personal use; working papers; contracts; agreements; affidavits; declarations; statements; bills; books of DB eS accounts; vouchers; evaluations; drawings; photographs; desk calendars; bank checks; pay stubs; © charge slips; receipts; expense accounts; statistical records; cost sheets; journals; diaries; personal FS NR notes; time sheets or logs; computer data (whether in written, magnetic, electronic, physical, or = other form); computer disks; audio or video recordings; job or transaction files; medical records; NY N permits, licenses, or applications therefor; unemployment applications; personnel evaluations; &» NY resumes; appointment books; books; records, copies, extracts, and summaries of other documents; ks» NY and preliminary, intermediate, and final drafts of any of the above, whether used or not. NY na “COMMUNICATE” or “COMMUNICATION” refers to every manner or means of NY disclosure, transfer, exchange of information, whether orally or in writing, whether face-to-face, NY SoA by telephone, mail, fax, email, or any other method. LEWIS rn BRISBOIS BISGAARD 93853045.1 3 & SMITH LLP ATTORNEYS AT LAW. NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA = “RELATED TO” or “SUPPORTING” means and includes evidencing, referring, relating, memorializing, embodying, containing, constituting, identifying, stating, being relevant NO to, concerning, refuting, proving, disproving, or negating. WD “PERSON” means any individual, firm, partnership, corporation, proprietorship, > association, governmental body, or other organization or entity. mn “COMPLAINT” means Plaintiffs’ Second Amended Complaint filed in the Superior Dn Court of the State of California, County of Sacramento Case No. 34-2019-00262942-CU-OE- KY GDS. fF “STATEMENT” means any oral, written, stenographic, or recorded declaration of any eo kind or description. SC “EMPLOYMENT” or “EMPLOYED” means a relationship in which a PERSON —_— = provides services requested by or on behalf of an EMPLOYER. Ne —_=_— “EMPLOYER?” means a PERSON who employs PERSON to provide services in an —|—= } employment relationship. F&F =F REQUEST FOR PRODUCTION NO. 1: aA =F Any and all DOCUMENTS DEFENDANT AERI provided to YOU during YOUR FF BNANHeA EMPLOYMENT with DEFENDANT AERI. F§ REQUEST FOR PRODUCTION NO. 2: F Any and all DOCUMENTS, including, but not limited to, calendars, day-planners, diaries, CBO F& notes, journals, logs, chronologies, or memoranda prepared, written, or maintained by YOU at any F&F NKR time up through the present RELATED to any aspect of YOUR EMPLOYMENT with =|=& NKR DEFENDANT AERI. N NY REQUEST FOR PRODUCTION NO. 3: Oo NY Any and all DOCUMENTS RELATED TO YOUR receipt of wages, salaries, earnings, NR > bonuses, commissions, unemployment insurance benefits, disability insurance payments, aA NR retirement benefits or any other financial benefits, compensation, or income YOU received from Dn NY rAIo DEFENDANTS. rY /// So LEWIS nv BRISBOIS BISGAARD 93853045.1 4 & SMITH LLP ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA — REQUEST FOR PRODUCTION NO. 4: Any and all DOCUMENTS RELATED TO the terms and conditions of YOUR NO EMPLOYMENT with DEFENDANT AERI. O&O REQUEST FOR PRODUCTION NO. 5: > Any and all DOCUMENTS RELATED TO evaluations of YOUR job performance, a whether formal or informal, while YOU were EMPLOYED by DEFENDANT AERI. BAB REQUEST FOR PRODUCTION NO. 6: AKA Any and all DOCUMENTS RELATED TO any written warnings OR disciplinary action fF RELATED TO YOUR job performance while EMPLOYED by DEFENDANT AERI. So REQUEST FOR PRODUCTION NO. 7: lt CO Any and all DOCUMENTS RELATED TO or establishing YOUR economic loss, if any as el —& RELATED TO the allegations in the COMPLAINT. NYO me REQUEST FOR PRODUCTION NO. 8: He Any and all DOCUMENTS RELATED TO any attempt by YOU to mitigate the damages F&F mmm alleged by YOU in the COMPLAINT. oO REQUEST FOR PRODUCTION NO. 9: Bo Any and all DOCUMENTS sent by YOU to any non-parties that RELATE TO any of the BNI mmm allegations in the COMPLAINT. REQUEST FOR PRODUCTION NO. 10: CO Any and all DOCUMENTS received by YOU from any non-parties that RELATE TO any FS HN No of the allegations in the COMPLAINT. = REQUEST FOR PRODUCTION NO. 11: NK N Any and all DOCUMENTS sent by YOU to any current employees of DEFENDANTS, }} N which RELATE TO any of the allegations in the COMPLAINT. FF N REQUEST FOR PRODUCTION NO. 12: NY a Any and all DOCUMENTS received by YOU from any current employees of Dn NY DEFENDANTS, which RELATE TO any of the allegations in the COMPLAINT. Ne AI /// So LEWIS YN BRISBOIS BISGAARD 93853045.1 5 & SMITH LLP ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA = REQUEST FOR PRODUCTION NO. 13: Any and all DOCUMENTS sent by YOU to any former employees of DEFENDANTS that NN RELATE TO any of the allegations in the COMPLAINT. — REQUEST FOR PRODUCTION NO. 14: eye Any and all DOCUMENTS received by YOU from any former employees of Oh DEFENDANTS, which RELATE TO any of the allegations in the COMPLAINT. NBD REQUEST FOR PRODUCTION NO. 15: Any and all witness STATEMENTS RELATED TO any contention in the COMPLAINT. fF REQUEST FOR PRODUCTION NO. 16: SoS Any and all signed affidavits RELATED TO any contention in the COMPLAINT. mt CO REQUEST FOR PRODUCTION NO. 17: pk = Any and all DOCUMENTS RELATED TO any COMMUNICATION between YOU and mk NY any doctors, psychiatrists, psychologists, or counselors, caused or aggravated by DEFENDANTS’ HO mk conduct. F&F REQUEST FOR PRODUCTION NO. 18: un om Any and all DOCUMENTS RELATED TO any Division of Labor Standards Enforcement Bo om complaints or claims filed or made by YOU. NIH mm REQUEST FOR PRODUCTION NO. 19: Be Any and all DOCUMENTS RELATED TO any Labor and Workforce Development 6 Agency complaints, or claims filed or made by YOU. CFS CRN NO REQUEST FOR PRODUCTION NO. 20: =-=& Any and all DOCUMENTS RELATED TO any Workers’ Compensation complaints or Ne N claims filed or made by YOU within the last five years. WO N REQUEST FOR PRODUCTION NO. 21: FF NY Any and all DOCUMENTS RELATED TO any Equal Employment Opportunity un NY ADA Commission complaints or claims filed or made by YOU. NY CSCSrAaIo REQUEST FOR PRODUCTION NO. 22: NY Any and all DOCUMENTS which RELATE TO any legal action in which YOU were a LEWIS Nv BRISBOIS BISGAARD 93853045.1 6 & SMITH LLP ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA — party within the last five years. REQUEST FOR PRODUCTION NO. 23: NO Any and all DOCUMENTS RELATED TO YOUR EMPLOYMENT with DEFENDANT OO PHILLIPS & JORDAN, including any and all employment agreements, contracts, employee > handbooks, policies, procedures, memoranda, and correspondences. ana REQUEST FOR PRODUCTION NO. 24: DB Any and all DOCUMENTS RELATED TO YOUR second cause of action that KI DEFENDANTS failed to pay overtime wages. fF REQUEST FOR PRODUCTION NO. 25: So Any and all DOCUMENTS RELATED TO YOUR third cause of action that CS lt DEFENDANTS failed to pay minimum wages. — REQUEST FOR PRODUCTION NO. 26: ee NY mem Any and all DOCUMENTS RELATED TO YOUR fourth cause of action that HB DEFENDANTS failed to provide meal periods or premium pay in lieu thereof. F&F REQUEST FOR PRODUCTION NO. 27: Wo Any and all DOCUMENTS RELATED TO YOUR fifth cause of action that AB DEFENDANTS failed to provide rest periods or premium pay in lieu thereof. NH REQUEST FOR PRODUCTION NO. 28: DB Any and all DOCUMENTS RELATED TO YOUR sixth cause of action that CO DEFENDANTS failed to pay final wages. FS —R NO REQUEST FOR PRODUCTION NO. 29: = Any and all DOCUMENTS RELATED TO YOUR seventh cause of action that NY N DEFENDANTS failed to furnish accurate wage statements. HH N REQUEST FOR PRODUCTION NO. 30: FF NY Any and all DOCUMENTS RELATED TO YOUR eighth cause of action that an NY DEFENDANTS failed to pay reimbursement expenses. DB NY REQUEST FOR PRODUCTION NO. 31: AI NY Any and all DOCUMENTS RELATED TO YOUR ninth cause of action for violation of LEWIS So ny BRISBOIS BISGAARD 93853045.1 7 & SMITH LLP ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA = Labor Code Section 558. REQUEST FOR PRODUCTION NO. 32: NO Any and all DOCUMENTS RELATED TO YOUR tenth cause of action that OW DEFENDANTS failed to keep accurate time records. > REQUEST FOR PRODUCTION NO. 33: DoD Any and all DOCUMENTS RELATED TO YOUR eleventh cause of action for solicitation of employees by misrepresentation. HY REQUEST FOR PRODUCTION NO. 34: Pe All DOCUMENTS RELATED TO any monetary damages YOU allege YOU sustained as eo a result of DEFENDANTS’ alleged actions. S&S = = DATED: April 25, 2023 LEWIS BRISBOIS BISGAARD & SMITH LLP =F NO bu bs OO FEF F&F FF By: FF vn SHANE SINGH Attorneys for Defendant, ASOMEO FF DBNHRDA ENVIRONMENTAL RESTORATION INDUSTRY, LLC FF F- F-*§ © Fo NY = KL NY KN »} NKR FF» NY NY a nAvAa NY Sno NY LEWIS nv BRISBOIS BISGAARD 93853045.1 8 & SMITH LLP ATTORNEYS AT LAW NOTICE OF TAKING DEPOSITION OF PLAINTIFF HUGO PINEDA EXHIBIT B 6/10/23, 9:24 PM RE: Robinson v. AERI (Pineda depo on 5/13/23) - Mehta, Grace - Outlook RE: Robinson v. AERI (Pineda depo on 5/13/23) Singh, Shane Thu 6/8/2023 4:00 PM To:Patricia Savage ;French, Anne ;Max Lennig ;Morgan Forsey ;Amanda Beckwith Cc:Mehta, Grace ;Promnick-Pavlov, Genna Patricia — This will confirm that we will postpone Pineda’s depo set for 5/13/23, Please advise if you will be filing a dismissal for Pineda or motion to withdraw, please advise by COB on 5/13/23, or we will bring a MTC to compel your client’s deposition. | need to ask him about “accord & satisfaction”. Thank you, Shane Shane Singh Partner Sacramento 916.646.8217 or x9168217 From: Patricia Savage Sent: Monday, June 5, 2023 3:20 PM To: French, Anne ; Max Lennig ; Morgan Forsey ; Amanda Beckwith Cc: Singh, Shane ; Mehta, Grace Subject: [EXT] RE: Robinson v. AERI Please do note, that but for one exception, we have not spoken with Mr. Pineda since he was contacted directly by AERI’s agent, Jonathan Fannuci, to have him sign a settlement agreement of all claims. We understand that he is working for AERI and as there is now a conflict, we cannot produce him for the deposition that | understand you set for tomorrow. Thanks. From: French, Anne Sent: Monday, May 8, 2023 12:20 PM To: Patricia Savage ; Max Lennig ; Morgan Forsey ; Amanda Beckwith Cc: Singh, Shane ; Mehta, Grace Subject: Robinson v. AERI about:blank 1/2 6/10/23, 9:24 PM RE: Robinson v. AERI (Pineda depo on 5/13/23) - Mehta, Grace - Outlook Counsel, Attached please find a copy of the First Amended Deposition Notice of Plaintiff Robinson in the above matter. Thank you. Anne M. French L EWI S Legal Assistant to Shane Singh, r Matthew Randle, George Theofanis BRISBOIS and Grace Mehta = Anne.French@lewisbrisbois.com T: 916.564.5400 F: 916.564.5444 2020 West El Camino Ave., Suite 700 | Sacramento, CA, 95833 | LewisBrisbois.com about:blank 2/2 EXHIBIT C SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO JAY ROBINSON and HUGO PINDA, ) CERTIFIED individually and on behalf of ) all others similarly situated,) Ue 1d Lael Plaintiff, Vv. CASE NO. 34-2019-0026942 ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC, a California Corporation and PHILLIPS & JORDAN, INC., a North Carolina Corporation, and DOES 1-10, inclusive, Defendant. VIDEOCONFERENCED DEPOSITION OF LAWRENCE KAHN Thursday, April 21, 2022 --0o00-- Reported by: CHRISTINA BICOCCA, CSR #12932 CAROL NYGARD & ASSOCIATES TR RCE AYA , MeGeA DEPOSITION DEPOSITION REPORTERS REPORTERS | www.NygardReporting.com @ 1-877-438-7787 “#07 core Naud & Associates Deposition Reporters = : i CHICO | SACRAMENTO | SAN FRANCISCO | WALNUT CREEK | YUBA CITY 04/21/2022 KAHN LAWRENCE SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO JAY ROBINSON and HUGO PINDA, ) individually and on behalf of ) CERTIFIED all others similarly situated,) a etal Plaintiff, es es Vv. CASE NO. 34-2019-0026942 we ete ASOMEO ENVIRONMENTAL RESTORATION INDUSTRY, LLC, a ee California Corporation and PHILLIPS & JORDAN, INC., a eee North Carolina Corporation, and DOES 1-10, inclusive, eee Defendant. ee VIDEOCONFERENCED DEPOSITION OF LAWRENCE KAHN Thursday, April 21, 2022 --000-- Reported by: CHRISTINA BICOCCA, CSR #12932 Carol Nygard & Associates, Inc. 1-877-438-7787 04/21/2022 KAHN LAWRENCE Page2 APPEARANCES Counsel for the Plaintiff: SAVAGE, LAMB, REIMER & HOOPER 1550 Humboldt Road, Suite 4 Chico, California 95928 (530) 809-1851 BY: PATRICIA A. SAVAGE, ESQ. psavage@slrhlaw.com (PRESENT VIA VIDEOCONFERENCE) 10 Li 12 Counsel for the Defendant: L3 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP 14 2020 West El Camino Avenue, Suite 700 15 Sacramento, California 95833 16 (916) 564-5400 17 BY: SHALEND S. SINGH, ESQ. 18 shane. singh@lewisbrisbois.com 19 (PRESENT VIA VIDEOCONFERENCE) 20 21 Also Present: 22 GRACE MEHTA 23 (PRESENT VIA VIDEOCONFERENCE) 24 25 Carol Nygard & Associates, Inc. 1-877-438-7787 04/21/2022 KAHN LAWRENCE Page 122 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER I, Christina Bicocca,