On April 18, 2017 a
Notice of Appeal
was filed
involving a dispute between
Moniz, Rachel,
and
Adecco Usa, Inc.,
Does 1 To 50, Inclusive,
Does 1 To 9,
for Complex Civil Unlimited
in the District Court of San Mateo County.
Preview
APP-002
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
NOTICE OF APPEAL CROSS-APPEAL
(UNLIMITED CIVIL CASE)
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form
APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal.
1. NOTICE IS HEREBY GIVEN that (name):
appeals from the following judgment or order in this case, which was entered on (date):
Judgment after jury trial
Judgment after court trial
Default judgment
Judgment after an order granting a summary judgment motion
Judgment of dismissal under Code of Civil Procedure sections 581d, 583.250, 583.360, or 583.430
Judgment of dismissal after an order sustaining a demurrer
An order after judgment under Code of Civil Procedure section 904.1(a)(2)
An order or judgment under Code of Civil Procedure section 904.1(a)(3)–(13)
Other (describe and specify code section that authorizes this appeal):
2. For cross-appeals only:
a. Date notice of appeal was filed in original appeal:
b. Date superior court clerk mailed notice of original appeal:
c. Court of Appeal case number (if known):
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Page 1 of 2
Form Approved for Optional Use
Judicial Council of California NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) Cal. Rules of Court, rule 8.100
www.courts.ca.gov
APP-002 [Rev. July 1, 2010] (Appellate)
APP-002
CASE NAME: CASE NUMBER:
NOTICE TO PARTIES: A copy of this document must be mailed or personally delivered to the other party or parties to this appeal. A PARTY TO
THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF. A person who is at least 18 years old and is not a
party to this appeal must complete the information below and mail (by first-class mail, postage prepaid) or personally deliver the front and back of
this document. When the front and back of this document have been completed and a copy mailed or personally delivered, the original may then
be filed with the court.
PROOF OF SERVICE
Mail Personal Service
1. At the time of service I was at least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify):
1 California Street, Suite 1250, San Francisco, CA 94111
3. I mailed or personally delivered a copy of the Notice of Appeal/Cross-Appeal (Unlimited Civil Case) as follows (complete either a or b):
a. Mail. I am a resident of or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope and
(a) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(b) placed the envelope for collection and mailing on the date and at the place shown in items below, following
our ordinary business practices. I am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Name of person served:
(b) Address on envelope:
See attachment titled "Persons Served"
(c) Date of mailing:
(d) Place of mailing (city and state):
b. Personal delivery. I personally delivered a copy as follows:
(1) Name of person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
APP-002 [Rev. July 1, 2010] Page 2 of 2
NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)
(Appellate)
Moniz v. Adecco, Case No. 17CIV1736
ATTACHMENT A
For the avoidance of doubt, the appellants hereby give notice of their appeal of the
following judgments/orders:
1) 7/31/2023 Judgment
2) 6/23/2023 Order re: Attorneys’ Fees Awards from PAGA Settlement
3) 2/10/2023 Order Granting Approval of PAGA Settlement
In addition to those grounds set forth in the Form Notice of Appeal, the following (among
other case and statutory law) also authorizes the appeal:
1) CCP § 904.1 (authorizing appeals of “judgments,” which includes appealable orders)
2) CCP § 906 (authorizing review of interlocutory orders as part of appeal of appealable order)
3) Investco Management & Development LLC (2018) 22 Cal.App.5th 443 (appeal from attorneys
fees order because attorney in overlapping litigation “clearly interested” in litigation)
4) In re FairWageLaw (2009) 176 Cal.App.4th 279 (“nonparties who are aggrieved by a
judgment may appeal it”)
5) Boeing Co. v. Van Gemert (1980) 44 US 472 (judgment approving common fund settlement
appealable order even before issue of attorneys’ fees from common fund decided);
6) Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60 (an appeal is allowed if the
order is a final decision against a party in a collateral proceeding growing out of the action).
Persons Served Attachment
Carolyn H. Cottrell
David C. Leimbach
Scott L. Gordon
Elisa J. Guevara
Sarah Q. Price
SCHNEIDER WALLACE COTTRELL
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Counsel for Plaintiff Rachel Moniz
Mia Farber
Adam Y. Siegel
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017
Counsel for Defendant Adecco USA, Inc.
Scott Jang
Rob Yang
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111
Counsel for Defendant Adecco USA, Inc.
Michael L. Smith
Labor & Workforce Development Agency
Division of Labor Standards Enforcement
1515 Clay Street, Suite 2206
Oakland, CA 94612
Counsel for Aggrieved Party LWDA
Marie S. Weiner, Judge
Department 2
Courtroom 2E
400 County Center
Redwood City, CA 94063
Judge’s Copy
Document Filed Date
August 14, 2023
Case Filing Date
April 18, 2017
Category
Complex Civil Unlimited
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