Preview
" ORIGINAL
Maria C. Roberts, SBN 137907
mroberts reeneroberts.com F L
l
Dessi N. @Ey, SBN 207699 S%%EJ‘#C}¢89URTEFDCAL'FORN'A
SAN BERNARD'NO
dday@greeneroberts.com
Noel J. Meza, SBN 331 169
nmeza@greeneroberts.com JUN 0 5 2023
GREENE & ROBERTS
402 West Broadway, Suite 1025
San Diego, CA 92101 BY: Rina Phillips, Deputy
Telephone: (619) 398-3400
Facsimile: (619) 330-4907
OONON
Attorneys for Defendant Inland Behavioral and Health Services, Inc.,
a California corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
\D
COUNTY OF SAN BERNARDINO
10
JOSEPH ANZORA, as an aggrieved Case No. CIVSB2218375
11 employee, and 0n behalf of all other Judge: Hon. David Cohn
aggrieved employees under the Labor Code Action Date: August 22, 2022
12 Private Attorneys’ General Act of 2004, Trial Date: Not Yet Set
13 Plaintiff, DECLARATION OF MARIA C. ROBER’W
IN SUPPORT OF MOTION BY
14 v. DEFENDANT INLAND BEHAVIORAL
AND HEALTH SERVICES, INC. TO ST
15 INLAND BEHAVIORAL AND HEALTH CASE, PENDING OUTCOME OF
SERVICES, INC. a California corporation; EARLIER FILED AND RELATED CASE><
16 and DOES 1 through 100, inclusive,
SUPPORTING DOCUMENTS:
17 Defendants. NOTICE OF MOTION AND MOTION TO
STAY; MEMORANDUM OF POINTS AND
18 AUTHORITIES; REQUEST FOR JUDICLAL
NOTICE
19
Date: July 26, 2023
20 Time: 8:30 a.m.
Dept: $26
21
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23
24
25
26
27
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DECLARATION OF MARIA C. ROBERTS IN SUPPORT OF DEFENDANT’S MOTION TO STAY
w
I, Maria C. Roberts, declare as follows:
1. I am an attorney licensed t0 practice law before all couns in the State of
California. I am an attorney with the law firm 0f Greene & Roberts, attorneys of record herein
for Defendant Inland Behavioral and Health Services, Inc. (“IBHS”). l have personal knowledge
0f the facts set forth in this Declaration and can competently testify thereto.
2. This declaration is submitted in support of Defendant’s motion to stay this case,
pending the outcome of an earlier filed and related case.
3. According to the Court’s docket, on June 24, 2021, the Bibiyan Law Group filed a
case entitled Edith Franco v. Inland Behavioral and Health Services, Ina, et al., Case No.
10 CIVSB21 18579 against IBHS and Dr. Lindsey (the First Case), which asserts ten causes of action
11 for alleged (1) unpaid overtime, (2) minimum wages, (3) meal periods (4) rest periods, (5)
12 waiting time penalties, (6) wage statement Violations, (7) timely wages, (8) business expenses, (9)
13 vacation pay and (10) unfair competition, for a putative class consisting of “current and former
14 non-exempt employees of Defendants within the State of California” in the four years preceding
15 the filing of the complaint. The First Case action is designated as complex and is pending in this
16 department. Attached hereto as Exhibit 1 is a true and correct copy 0f the Complaint filed in the
17 matter of Edith Franco v. Inland Behavioral and Health Services, Inc, et al., Case No.
18 CIVSB21 18579, filed on June 24, 2021.
19 4. According to the Court’s docket, 0n October 1, 2021, the Bibiyan Law Gorup
20 filed another case (the Second Case) against IBHS and Dr. Lindsey, on behalf of Edith Franco
21 and Monica Alfaro, “as a proxy of the Labor and Workforce Development Agency of the State 0f
22 California (“LWDA”),” on behalf 0f all other aggrieved employee[s] under PAGA.” The PAGA
23 cause of action is based on the same core facts and alleged Labor Code sections alleged in the
24 Franco Putative Class Action. The Second Case seeks Labor Code §2698 penalties for alleged
25 violations of the Labor Code as pertaining to overtime, minimum wages, meal and rest periods,
26 waiting time penalties, wage statements, timely wages, business expenses and vacation pay for
27 “the period beginning one (1) year preceding the provision notice to the LWDA,” allegedly 0n
28 June 24, 2021 (Franco), and July 14, 2021 (Alfaro.) The complaint specifically cites to Labor
1
DECLARATION OF MARIA C. ROBERTS TN SUPPORT OF DEFENDANT’S MOTION TO STAY
Preview
" ORIGINAL Maria C. Roberts, SBN 137907 mroberts reeneroberts.com F L l Dessi N. @Ey, SBN 207699 S%%EJ‘#C}¢89URTEFDCAL'FORN'A SAN BERNARD'NO dday@greeneroberts.com Noel J. Meza, SBN 331 169 nmeza@greeneroberts.com JUN 0 5 2023 GREENE & ROBERTS 402 West Broadway, Suite 1025 San Diego, CA 92101 BY: Rina Phillips, Deputy Telephone: (619) 398-3400 Facsimile: (619) 330-4907 OONON Attorneys for Defendant Inland Behavioral and Health Services, Inc., a California corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA \D COUNTY OF SAN BERNARDINO 10 JOSEPH ANZORA, as an aggrieved Case No. CIVSB2218375 11 employee, and 0n behalf of all other Judge: Hon. David Cohn aggrieved employees under the Labor Code Action Date: August 22, 2022 12 Private Attorneys’ General Act of 2004, Trial Date: Not Yet Set 13 Plaintiff, DECLARATION OF MARIA C. ROBER’W IN SUPPORT OF MOTION BY 14 v. DEFENDANT INLAND BEHAVIORAL AND HEALTH SERVICES, INC. TO ST 15 INLAND BEHAVIORAL AND HEALTH CASE, PENDING OUTCOME OF SERVICES, INC. a California corporation; EARLIER FILED AND RELATED CASE>< 16 and DOES 1 through 100, inclusive, SUPPORTING DOCUMENTS: 17 Defendants. NOTICE OF MOTION AND MOTION TO STAY; MEMORANDUM OF POINTS AND 18 AUTHORITIES; REQUEST FOR JUDICLAL NOTICE 19 Date: July 26, 2023 20 Time: 8:30 a.m. Dept: $26 21 22 23 24 25 26 27 28 DECLARATION OF MARIA C. ROBERTS IN SUPPORT OF DEFENDANT’S MOTION TO STAY w I, Maria C. Roberts, declare as follows: 1. I am an attorney licensed t0 practice law before all couns in the State of California. I am an attorney with the law firm 0f Greene & Roberts, attorneys of record herein for Defendant Inland Behavioral and Health Services, Inc. (“IBHS”). l have personal knowledge 0f the facts set forth in this Declaration and can competently testify thereto. 2. This declaration is submitted in support of Defendant’s motion to stay this case, pending the outcome of an earlier filed and related case. 3. According to the Court’s docket, on June 24, 2021, the Bibiyan Law Group filed a case entitled Edith Franco v. Inland Behavioral and Health Services, Ina, et al., Case No. 10 CIVSB21 18579 against IBHS and Dr. Lindsey (the First Case), which asserts ten causes of action 11 for alleged (1) unpaid overtime, (2) minimum wages, (3) meal periods (4) rest periods, (5) 12 waiting time penalties, (6) wage statement Violations, (7) timely wages, (8) business expenses, (9) 13 vacation pay and (10) unfair competition, for a putative class consisting of “current and former 14 non-exempt employees of Defendants within the State of California” in the four years preceding 15 the filing of the complaint. The First Case action is designated as complex and is pending in this 16 department. Attached hereto as Exhibit 1 is a true and correct copy 0f the Complaint filed in the 17 matter of Edith Franco v. Inland Behavioral and Health Services, Inc, et al., Case No. 18 CIVSB21 18579, filed on June 24, 2021. 19 4. According to the Court’s docket, 0n October 1, 2021, the Bibiyan Law Gorup 20 filed another case (the Second Case) against IBHS and Dr. Lindsey, on behalf of Edith Franco 21 and Monica Alfaro, “as a proxy of the Labor and Workforce Development Agency of the State 0f 22 California (“LWDA”),” on behalf 0f all other aggrieved employee[s] under PAGA.” The PAGA 23 cause of action is based on the same core facts and alleged Labor Code sections alleged in the 24 Franco Putative Class Action. The Second Case seeks Labor Code §2698 penalties for alleged 25 violations of the Labor Code as pertaining to overtime, minimum wages, meal and rest periods, 26 waiting time penalties, wage statements, timely wages, business expenses and vacation pay for 27 “the period beginning one (1) year preceding the provision notice to the LWDA,” allegedly 0n 28 June 24, 2021 (Franco), and July 14, 2021 (Alfaro.) The complaint specifically cites to Labor 1 DECLARATION OF MARIA C. ROBERTS TN SUPPORT OF DEFENDANT’S MOTION TO STAY