Party Discovery: Jay Robinson vs. Asomeo Environmental Restoration Industry, L...

• 
• 
• 
• 

						
                                
Preview
                                1 LEWIS BRISBOIS BISGAARD & SMITH LLP
                    SHANE SINGH, SB# 202733
                  2   E-Mail: Shane.Singh@lewisbrisbois.com
                    GEORGE J. THEOFANIS, SB# 324037                     FlLED/E^DOBSED
                  3
                    NOLAN W. KESSLER, SB# 327178


                                                                         •
                  4   E-Mail: Nolan.Kessler@lewisbrisbois.com                 DEC - 3 2019
                    2020 West El Camino Avenue, Suite 700
                  5 Sacramento, Califomia 95833                        By:.
                    Telephone: 916.564.5400                                      Deputy Ulerk
                  6 Facsimile: 916.564.5444
                  7 Attomeys for Defendant Asomeo Environmental
                      Restoration Industry, LLC
                  8
                  9                           SUPERIOR COURT OF THE STATE OF CALIFORNIA
                 10                                    COUNTY OF SACRAMENTO
                 11
                 12 JAY ROBINSON and HUGO PINEDA,                      CASE NO, 34-2019-00262942-CU-OE-GDS
                    individually and on behalfof all others
                 13 similarly situated,                                DEFENDANT ASOMEO
                                                                       ENVIRONMENTAL RESTORATION
                 14                      Plaintiffs,                   INDUSTRY, LLC'S OBJECTION TO THE
                                                                       DECLARATION OF MADELINE
                 15             vs.                                    MCMORROW IN OPPOSITION OF THE
                                                                       MOTION TO TRANSFER VENUE TO
                 16 ASOMEO ENVIRONMENTAL                               PLACER COUNTY
                      RESTORATION INDUSTRY, LLC, a
                 17 California Corporation and PHILLIPS &              Date: December 10, 2019
                    JORDAN ENVIRONMENTAL SERVICES                      Time: 9:30 a.m.
                 18 LLC, a Delaware Corporation and DOES 1-10,         Dept.: 47
                 19                      Defendants.                   Action Filed:       August 16,2019
                                                                       Trial Date:         None Set
                 20
                 21 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
                 22             Defendant Asomeo Environmental Restoration Industry, LLC ("AERI"), hereby submits
                 23 the following objections to the Declaration of Madeline McMorrow in Opposition of the Motion
                 24 to Transfer Venue to Placer County (the "McMorrow Declaration"). Defendant AERI respectfiilly
                 25 requests that the Court not consider such objectionable matter as admissible evidence in
                 26 considering the above-mentioned motion.
                 27   ///

                 28   ///
[BMS                  4831-7578-0014.1
ERSBOIS                                                            1                34-2019-00262942-CU-OE-GDS
BSQAARD                     DEFENDANT AERI, LLC'S OBJECTION TO THE DECLARATION OF MADELINE MCMORROW IN
&3VimUP
ATTOFWBfiATLAW                     OPPOSITION OF THE MOTION TO TRANSFER VENUE TO PLACER COUNTY
                                              Objections to the McMorrow Declaration
                                                              Objection 1

                3 Material Objected to:
                4          Defendant AERI objects to the McMorrow Declaration in its entirety because it lacks
                5 relevance and therefore fails to meet the requirements of admissible evidence under California
                6 Evidence Code section 350.
                7 Grounds for Objection:
                8          "No evidence is admissible except relevant evidence." Cal. Evidence Code § 250.

                9 '"Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or
               10 hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of
               11 consequence to the determination of the action." Cal. Evidence Code § 210. Madeline
               12 McMorrow was never an employee ofDefendant AERI. Rather, Madeline McMorrow was an
               13 independent contractor. The Private Attorneys General Act applies only to employees and not to
               14 independent confractors. Accordingly, as an independent confractor, Madeline McMorrow's
               15 Declaration has no relevance to the instant Private Attomeys General Act action.
               16 Ruling on Objection:
               17          SUSTAINED:

               18          OVERRULED:

               19
               20 DATED: December 3, 2019                   LEWIS BRISBOIS BISGAARD & SMITH LLP
               21
               22
               23                                                 SMineSingh
                                                                  George J. Theofanis
               24                                                 Nolan W. Kessler
                                                                  Attomeys fpr Defendant Asomeo Environmental
               25                                                 Restoration Industry, LLC
               26
               27
               28
LBMS                4831-7578-0014.1
ERSBOIS                                                                               34-2019-00262942-CU-OE-GDS
BSGAAFD                    DEFENDANT AERI, LLC'S OBJECTION TO THE DECLARATION OF MADELINE MCMORROW IN
ASWHllP                              OPPOSITION OF THE MOTION TO TRANSFER VENUE TO PLACER COUNTY
A11DW«TSATUW