Preview
ORIGINAL
CM-110
ATTOHNEV OR PARTY WITHOUT ATTORNEY fWame, Srafe Bar numtier, and adrf/Bss;.- FOR COURT USE ONL Y
Alejandro P. Gutierrez SBN 107688
Hathaway,- Perrett,. Webster, e t a l .
5450 Telegraph Road, Suite 200
Ventura, C a l i f o r n i a 93003
TELEPHONENO.: ( 8 0 5 ) 6 4 4 - 7 1 1 1 FfXW>.(Optianltl): ( 8 0 5 )
E-MAIL ADDRESS fopftorai;,- agut l e r r e zOhathawaylawf 1 m i . coiti
644-8296 ^''LED/ENDORSED
ATTORNEY FOR (wama;.- P l a i n t i f f & Proposed Class
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSacramento
OCT 1 7 2019
STREETADDRESS: 720 9 t h Street
MAIUNQ ADDRESS; By:. 6. SUTTnM
Sacramento, CA 95814
CITY AND ZIP (30DE: Deputy Clerk
BRANCH NAME: Civil-Downtown
PLAINTIFF/PETITIONER: John Boudreau
DEFENDANT/RESPONDENT: P r i m e r i t u s F i n a n c i a l S e r v i c e s , 4
CASE MANAGEMENT STATEMENT CASE NUMBER:
CD (Check one): ^ } UNLIMITED CASE
(Amount demanded
C D LIMITED CASE
(Amount demanded is $25,000
34-2018-00247272
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 1 0 - 2 5 - 1 9 Time: 1 0 : 3 0 AM Dept.: Div.: Room:
Address of court (if different fmm the address atiove):
Noticeof Intent to Appear by Telephone, by Cname/'Alejandro P. G u t i e r r e z
INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must ba provided.
1. Party or parties (answer one):
a. ( 3 This statement is submitted by party ^name/- P l a i n t i f f , John Boudreau
b. CD Ttlis statement is submitted Jointly by parties (names):
2. Complaint and cross-complaint (to be answered by piaintiffs and cross-complainants only)
a. The complaint was filed on ^cyafe/- 12-27-18
b. ^ ] The cross-compiaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named In the complaint and cross-complaint have been sen/ed, have appeared, or have been dismissed.
b. ^ j ] The following parties named In the complaint or cross-compiaint
(1) have not been served (^spec/^ names and exp/a/n w*jy nof/'
(2) ^J have been served but have not appeared and have not been dismissed (specify names):
(3) Q have had a default entered against them (specify names):
c. • The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be sen/ed):
Description of case
a. Type of case In (^complaint Q cross-complaint (Describe, including causes of action):
F a i l u r e t o pay minimum wages f o r non-productive work;- provide l a w f u l
r e s t periods and pay r e s t break premiums; provide meal breaks and pay
meal break premiums; provide accurate complaint wage statements; and,
f o r v i o l a t i o n of Business & Professions Code sect. 17200
Paga I o l 8
Forrn Adopted tor Mandatory tjse
Judicial Council oi Calilomla
CASE MANAGEMENT STATEMENT Cal. Rules ol Court,
mles 3.720-3.730
CM-1tO[Rev. Julyl,2011] www.cotjrts.ca.gov
Boudreau, John
CM-110
_ PLAINTIFF/PETITIONER:John B o u d r e a u i CASENUMBER:
34-2018-00247272
DEFENDANT/RESPONDENT: P r i m e r i t u s Financial Services, et al.
Provide a brief statement of the case, Including any damages, (if personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [Indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earnings, if equitable relief Is sought, describe the nature of the relief.)
Sea Attachment, r'
(if more space is needed, check this tmx and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury trial Q a nonjury trial. (If moretitanone party, provide the name of each party
requesting a jury trial):
6. Trial date
a. C3 The trial has been set for (date):
b. tX] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
' December 2 0 1 9 ; J a n u a r y - S e p t 2020 - s c h e d u l e d a r b i t r a t i o n s
7. Estimated length of trial
.The party or parties estimate that the trial will take (check one):
a. S I days (specify number): 7 - 1 0
b. ^3 hours (short causes) (specify):
8. ' Trial representation (to be answered for each party)
The party or parties will be represented at trial ^ by the attorney or party listed in the caption ^ 3 by the following:
a. Attorney: Dan Palay, Brian H e f e l f i n g e r
b. Firm: Palay H e f e l f i n g e r
c. Address: 1746 S. V i c t o r i a Ave, #230, Ventura, CA 93003
d. Telephone number: 8 0 5 - 6 2 8 - 8 2 2 0 f. Faxnumber: 8 0 5 - 7 6 5 - 8 6 0 0
e. E-mail address: djpecaiempioymentcoun&ei.coin g. Party represented:
C ^ Additional representation is described in Attachment 8.
9. Preference
• This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR).
a. ADR Information package. Please note that different ADR processes are available in different courts and communities; read
, the ADR information package provided by the court under mle 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has C ^ has not provided the ADR Information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party \ ^ has has not reviewed the ADR information package identified In rule 3.221.
I
b. Referral to Judicial arbitration or civil action mediation (if available).
(1) Q This matter is subjectto mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) Q Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) [ X l This case is exempt from judicial art}itration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Pa8B2of5
( J ^ * I Essentia]
l^^smar Boudreau, John
CM-110
_ PIJ\INTIFF/PETITIONER:John Boudreau CASE NUMBER:
34-2018-00247272
DEFENDANT/RESPONDENT: Primeritus Financial Services, et al.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that appiy and provide the specitied infoimation):
The party or parties completing if the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
CD Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
CD Mediation completed on (c^afe):
( X l Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
CD Agreed to complete settlement conference by (date):
CD Settlement conference completed on (dafe):
CD Neutral evaluation not yet scheduled
1 I Neutral evaluation scheduled for (dafe):
(3) Neutral evaluation •
^ D Agreed to complete neutral evaluation by (date):
^ D Neutral evaluation completed on (dafe):
Q Judicial artiitration not yet scheduled
(4) Nonbinding judicial • Judicial ariliitration scheduled for (dafa);
arbitration
Q Agreed to complete judiciai artiitration by (dafe).-
CD Judicial arbitration completed on (dafs):
Q Private artiitration not yet scheduled
(5) Binding private O Private artiitration scheduled for (dafe);
arbitration
CD Agreed to complete private arbitration by (date):
Q j Private arbitration completed on (dafe):
^D ADR session not yet scheduled
(6) Other (specif/): CD Q ADR session scheduled for (dafa);
Q Agreed to complete ADR session by (dafa);
• ADR completed on (date):
CM-110[Rav. Julyl,20111 CASE MANAGEMENT STATEMENT Pago 3 of S
Boudreau, John
CM-110
PLAINTIFF/PETITIONER; J o h n Boudreau CASE NUMBER:
34-2018-00247272
DEFENDANT/RESPONDENT: P r i m e r i t u s F i n a n c i a l Services, et a l .
11. Insurance '
a. Q Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: CD Yes Q No
c. Coverage Issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this c:ase, and describe the status.
• Bankruptcy • Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. CD There are companion, underiying, or related cases.
(1) Name of case:
, (2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. ^ D A motion to ^ D consolidate ^ D coordinate will be filed by ^name party):
14. Bifurcation
.CD T^^ Psrty or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
( X l The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
M o t i o n t o C e r t i f y t h e C l a s s ; M o t i o n f o r Summary J u d g m e n t
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe aii anticipated discovery):
Party Description Date
Plaintiff W r i t t e n discovery per CCP
Plaintiff Production o f Documents per CCP
Plaintiffs Depositions Per CCP .
c. Q The following discovery Issues, including issues regarding the discovery of electronically stored Information, are
anticipated (specify):
CM.110|Rev. Julyl,2011] CASE MANAGEMENT STATEMENT PaBe4of5
Boudreau, John
CM-110
PLAINTIFF/PETITIONER: J o h n Boudreau CASE NUMBER:
34-2018-00247272
DEFENDANT/RESPONDENT Primeritus Financial Services, et al.
17. Economic litigation ~
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures In Code
of Civil Procedure sections 90-98 will apply to this case.
b. ^ D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain speciticaiiy why economic litigation procedures relating to discovery or trial
should not apply to.thls case):
18. Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conferenceCspecrvy); S c h e d u l i n g o f b r i e f i n g a n d h e a r i n g f o r M o t i o n t o C e r t i f y
Class
19. Meet and confer
.a. IZ] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the Califomia Ruies of Court, the parties agree on the following
(specify):
20. Total number of pages attached (If any):
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these Issues at the time of
the case management conference, including the written authority of the party where required.
Date: 1 0 - 1 6 - 1 9
A l p j a n f i r n P. t-i Prrp?:
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OH ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
^ ] Additional signatures are attached.
CM-110[Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page Sot 5
f T R I Essential
Boudreau, John
ATTACHMENT TO CASE MANAGEMENT STATEMENT
1
2 BOUDREAU V. PRIMERITUS Case Number: 34-2018-00247272
, 3 4b.
4 This case was filed as a class action and includes a PAGA cause of action arising out of the same facts.
5 The basic facts alleged in support of the claims are as follows: Defendant Primeritus Financial
Services ("Primeritus") provides outsourced repossession management and skip tracing services for ,
6 lenders. In Califomia during the last four (4) years, Primeritus has employed approximately 150
employees in the position of investigator to provide the skip tracing services out of the El Dorado Hills
7 office.
8 During the four (4) years immediately prior to the filing of the complaint and continuing through
9 approximately July 2019, Primeritus' compensation pay plan for its investigators provided that each
was paid $8.00 per hour plus piece rate compensation based on the number of vehicles located via the
10 skip tracing. The employees were not paid for "non-productive" time and rest breaks in compliance
with Labor Code section 226.2. The wage statements provided to employees were not compliant with
11 Labor Code section 226, as the wage statements failed to provide, in relevant part, the number of
piece-rate units eamed and any applicable piece rate; the gross wages eamed; the net wages eamed;
12 and, all applicable hourly rates.
13
Primeritus failed to provide lawful and compliant meal breaks and rest breaks, and failed to pay the
14 premiums mandated by Labor Code section 226.7.
. 15 Primeritus failed to pay employees all wages upon termination or resignation as provided in Labor
Code section 201 and 202, and Plaintiff seeks for himself and the class the waiting time penalties
16 pursuant to Labor Code section 203.
17
Plaintiff has also included a cause of action for violation of Business & Professions Code section
18 17200 based on the same underlying allegations.
19 Plaintiff served the Labor and Workforce Development Agency (LWDA) and Primeritus with the
20 notice provided pursuant to Labor Code section with the 2699.3, and after waiting 65 days, filed his
First Amended Complaint to include the PAGA cause of action.
21
22
23
24
25
26
27
28
1
ATTACHMENT TO CASE IVfANAGEMENT STATEMENT
PROOF OF SERVICE
I am employed in the County of Ventura, State of Califomia. 1 am over the age of eighteen years
and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200, Ventura,
CA 93003.
4 On the date below, I caused to be served a true and correct copy of the foregoing document
described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows
5
6
Daniel J. Palay (SBN 159348) Co-Counsel for Plaintiffs
7 Brian D. Hefelfinger (SBN 253054)
PALAY HEF1:LFINGER, APC
8 1746 S. Victoria Avenue, Suite 230
Ventura, CA 93003
9 Telephone: (805)628-8220
Facsimile: (805)765-8600
10 E-mai I: djp@calemploymentcounsel. com
bdh(S,calemploymentcounsel. com
11
Keith A. Jacoby Attorneys for Defendants, Primeritus
12 Bradley E. Schwan Financial Services and Chris McGinness
Littler Mendelson, PC
13 2049 Century Park East, 5* Floor
"14 Los Angeles, CA 90067-3107
Tel: (310) 553-0308 / Fax: (310) 553-5583
-15 E-mail: kjacoby@littler.com
bschwan@littler.com
16
Nathaniel H. Jenkins
17 Littler Mendelson, PC
18 500 Capitol Mall, Suite 2000
Sacramento, CA 95814
19 Tel: (916) 830-7200 / Fax: (916) 561-0828
E-mail: njenkins@littler.com
20
21 [X] BY MAIL: By placing a true copy thereof enclosed in a sealed envelope addressed to the
addressee(s) listed above. I am "readily familiar" with thefirm'spractice of collection and
22
processing correspondence for mailing. Under that practice, it would be deposited with the U.S.
23 Postal Service on that same date with postage thereon fully prepaid at Ventura, Califomia, in the
ordinary course of business. I am aware that on motion of the party served, service is presumed
24 invalid if postal cancellation date or postage meter date is more than one day after date of deposit
for mailing in affidavit.
25 [X] (State) I declare under penalty of perjury under the laws of the State of Califomia that the
26 foregoing is true and correct. Executed on October 16, 2019 at Ventura, Califomia.
27
28 Edna Byerly
1
NOTICE OF ASSOCIATION OF COUNSEL
U.-:;x't':'Z...V
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C .,'- • :•: '•! "'if '' '-
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Preview
ORIGINAL CM-110 ATTOHNEV OR PARTY WITHOUT ATTORNEY fWame, Srafe Bar numtier, and adrf/Bss;.- FOR COURT USE ONL Y Alejandro P. Gutierrez SBN 107688 Hathaway,- Perrett,. Webster, e t a l . 5450 Telegraph Road, Suite 200 Ventura, C a l i f o r n i a 93003 TELEPHONENO.: ( 8 0 5 ) 6 4 4 - 7 1 1 1 FfXW>.(Optianltl): ( 8 0 5 ) E-MAIL ADDRESS fopftorai;,- agut l e r r e zOhathawaylawf 1 m i . coiti 644-8296 ^''LED/ENDORSED ATTORNEY FOR (wama;.- P l a i n t i f f & Proposed Class SUPERIOR COURT OF CALIFORNIA, COUNTY OFSacramento OCT 1 7 2019 STREETADDRESS: 720 9 t h Street MAIUNQ ADDRESS; By:. 6. SUTTnM Sacramento, CA 95814 CITY AND ZIP (30DE: Deputy Clerk BRANCH NAME: Civil-Downtown PLAINTIFF/PETITIONER: John Boudreau DEFENDANT/RESPONDENT: P r i m e r i t u s F i n a n c i a l S e r v i c e s , 4 CASE MANAGEMENT STATEMENT CASE NUMBER: CD (Check one): ^ } UNLIMITED CASE (Amount demanded C D LIMITED CASE (Amount demanded is $25,000 34-2018-00247272 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 1 0 - 2 5 - 1 9 Time: 1 0 : 3 0 AM Dept.: Div.: Room: Address of court (if different fmm the address atiove): Noticeof Intent to Appear by Telephone, by Cname/'Alejandro P. G u t i e r r e z INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must ba provided. 1. Party or parties (answer one): a. ( 3 This statement is submitted by party ^name/- P l a i n t i f f , John Boudreau b. CD Ttlis statement is submitted Jointly by parties (names): 2. Complaint and cross-complaint (to be answered by piaintiffs and cross-complainants only) a. The complaint was filed on ^cyafe/- 12-27-18 b. ^ ] The cross-compiaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named In the complaint and cross-complaint have been sen/ed, have appeared, or have been dismissed. b. ^ j ] The following parties named In the complaint or cross-compiaint (1) have not been served (^spec/^ names and exp/a/n w*jy nof/' (2) ^J have been served but have not appeared and have not been dismissed (specify names): (3) Q have had a default entered against them (specify names): c. • The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be sen/ed): Description of case a. Type of case In (^complaint Q cross-complaint (Describe, including causes of action): F a i l u r e t o pay minimum wages f o r non-productive work;- provide l a w f u l r e s t periods and pay r e s t break premiums; provide meal breaks and pay meal break premiums; provide accurate complaint wage statements; and, f o r v i o l a t i o n of Business & Professions Code sect. 17200 Paga I o l 8 Forrn Adopted tor Mandatory tjse Judicial Council oi Calilomla CASE MANAGEMENT STATEMENT Cal. Rules ol Court, mles 3.720-3.730 CM-1tO[Rev. Julyl,2011] www.cotjrts.ca.gov Boudreau, John CM-110 _ PLAINTIFF/PETITIONER:John B o u d r e a u i CASENUMBER: 34-2018-00247272 DEFENDANT/RESPONDENT: P r i m e r i t u s Financial Services, et al. Provide a brief statement of the case, Including any damages, (if personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [Indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings, if equitable relief Is sought, describe the nature of the relief.) Sea Attachment, r' (if more space is needed, check this tmx and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial Q a nonjury trial. (If moretitanone party, provide the name of each party requesting a jury trial): 6. Trial date a. C3 The trial has been set for (date): b. tX] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): ' December 2 0 1 9 ; J a n u a r y - S e p t 2020 - s c h e d u l e d a r b i t r a t i o n s 7. Estimated length of trial .The party or parties estimate that the trial will take (check one): a. S I days (specify number): 7 - 1 0 b. ^3 hours (short causes) (specify): 8. ' Trial representation (to be answered for each party) The party or parties will be represented at trial ^ by the attorney or party listed in the caption ^ 3 by the following: a. Attorney: Dan Palay, Brian H e f e l f i n g e r b. Firm: Palay H e f e l f i n g e r c. Address: 1746 S. V i c t o r i a Ave, #230, Ventura, CA 93003 d. Telephone number: 8 0 5 - 6 2 8 - 8 2 2 0 f. Faxnumber: 8 0 5 - 7 6 5 - 8 6 0 0 e. E-mail address: djpecaiempioymentcoun&ei.coin g. Party represented: C ^ Additional representation is described in Attachment 8. 9. Preference • This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR). a. ADR Information package. Please note that different ADR processes are available in different courts and communities; read , the ADR information package provided by the court under mle 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has C ^ has not provided the ADR Information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party \ ^ has has not reviewed the ADR information package identified In rule 3.221. I b. Referral to Judicial arbitration or civil action mediation (if available). (1) Q This matter is subjectto mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) Q Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [ X l This case is exempt from judicial art}itration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Pa8B2of5 ( J ^ * I Essentia] l^^smar Boudreau, John CM-110 _ PIJ\INTIFF/PETITIONER:John Boudreau CASE NUMBER: 34-2018-00247272 DEFENDANT/RESPONDENT: Primeritus Financial Services, et al. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that appiy and provide the specitied infoimation): The party or parties completing if the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled CD Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): CD Mediation completed on (c^afe): ( X l Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference CD Agreed to complete settlement conference by (date): CD Settlement conference completed on (dafe): CD Neutral evaluation not yet scheduled 1 I Neutral evaluation scheduled for (dafe): (3) Neutral evaluation • ^ D Agreed to complete neutral evaluation by (date): ^ D Neutral evaluation completed on (dafe): Q Judicial artiitration not yet scheduled (4) Nonbinding judicial • Judicial ariliitration scheduled for (dafa); arbitration Q Agreed to complete judiciai artiitration by (dafe).- CD Judicial arbitration completed on (dafs): Q Private artiitration not yet scheduled (5) Binding private O Private artiitration scheduled for (dafe); arbitration CD Agreed to complete private arbitration by (date): Q j Private arbitration completed on (dafe): ^D ADR session not yet scheduled (6) Other (specif/): CD Q ADR session scheduled for (dafa); Q Agreed to complete ADR session by (dafa); • ADR completed on (date): CM-110[Rav. Julyl,20111 CASE MANAGEMENT STATEMENT Pago 3 of S Boudreau, John CM-110 PLAINTIFF/PETITIONER; J o h n Boudreau CASE NUMBER: 34-2018-00247272 DEFENDANT/RESPONDENT: P r i m e r i t u s F i n a n c i a l Services, et a l . 11. Insurance ' a. Q Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: CD Yes Q No c. Coverage Issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this c:ase, and describe the status. • Bankruptcy • Other (specify): Status: 13. Related cases, consolidation, and coordination a. CD There are companion, underiying, or related cases. (1) Name of case: , (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. ^ D A motion to ^ D consolidate ^ D coordinate will be filed by ^name party): 14. Bifurcation .CD T^^ Psrty or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions ( X l The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): M o t i o n t o C e r t i f y t h e C l a s s ; M o t i o n f o r Summary J u d g m e n t 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe aii anticipated discovery): Party Description Date Plaintiff W r i t t e n discovery per CCP Plaintiff Production o f Documents per CCP Plaintiffs Depositions Per CCP . c. Q The following discovery Issues, including issues regarding the discovery of electronically stored Information, are anticipated (specify): CM.110|Rev. Julyl,2011] CASE MANAGEMENT STATEMENT PaBe4of5 Boudreau, John CM-110 PLAINTIFF/PETITIONER: J o h n Boudreau CASE NUMBER: 34-2018-00247272 DEFENDANT/RESPONDENT Primeritus Financial Services, et al. 17. Economic litigation ~ a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures In Code of Civil Procedure sections 90-98 will apply to this case. b. ^ D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain speciticaiiy why economic litigation procedures relating to discovery or trial should not apply to.thls case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conferenceCspecrvy); S c h e d u l i n g o f b r i e f i n g a n d h e a r i n g f o r M o t i o n t o C e r t i f y Class 19. Meet and confer .a. IZ] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the Califomia Ruies of Court, the parties agree on the following (specify): 20. Total number of pages attached (If any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these Issues at the time of the case management conference, including the written authority of the party where required. Date: 1 0 - 1 6 - 1 9 A l p j a n f i r n P. t-i Prrp?: (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OH ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ^ ] Additional signatures are attached. CM-110[Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page Sot 5 f T R I Essential Boudreau, John ATTACHMENT TO CASE MANAGEMENT STATEMENT 1 2 BOUDREAU V. PRIMERITUS Case Number: 34-2018-00247272 , 3 4b. 4 This case was filed as a class action and includes a PAGA cause of action arising out of the same facts. 5 The basic facts alleged in support of the claims are as follows: Defendant Primeritus Financial Services ("Primeritus") provides outsourced repossession management and skip tracing services for , 6 lenders. In Califomia during the last four (4) years, Primeritus has employed approximately 150 employees in the position of investigator to provide the skip tracing services out of the El Dorado Hills 7 office. 8 During the four (4) years immediately prior to the filing of the complaint and continuing through 9 approximately July 2019, Primeritus' compensation pay plan for its investigators provided that each was paid $8.00 per hour plus piece rate compensation based on the number of vehicles located via the 10 skip tracing. The employees were not paid for "non-productive" time and rest breaks in compliance with Labor Code section 226.2. The wage statements provided to employees were not compliant with 11 Labor Code section 226, as the wage statements failed to provide, in relevant part, the number of piece-rate units eamed and any applicable piece rate; the gross wages eamed; the net wages eamed; 12 and, all applicable hourly rates. 13 Primeritus failed to provide lawful and compliant meal breaks and rest breaks, and failed to pay the 14 premiums mandated by Labor Code section 226.7. . 15 Primeritus failed to pay employees all wages upon termination or resignation as provided in Labor Code section 201 and 202, and Plaintiff seeks for himself and the class the waiting time penalties 16 pursuant to Labor Code section 203. 17 Plaintiff has also included a cause of action for violation of Business & Professions Code section 18 17200 based on the same underlying allegations. 19 Plaintiff served the Labor and Workforce Development Agency (LWDA) and Primeritus with the 20 notice provided pursuant to Labor Code section with the 2699.3, and after waiting 65 days, filed his First Amended Complaint to include the PAGA cause of action. 21 22 23 24 25 26 27 28 1 ATTACHMENT TO CASE IVfANAGEMENT STATEMENT PROOF OF SERVICE I am employed in the County of Ventura, State of Califomia. 1 am over the age of eighteen years and not a party to the within action. My business address is 5450 Telegraph Road, Suite 200, Ventura, CA 93003. 4 On the date below, I caused to be served a true and correct copy of the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows 5 6 Daniel J. Palay (SBN 159348) Co-Counsel for Plaintiffs 7 Brian D. Hefelfinger (SBN 253054) PALAY HEF1:LFINGER, APC 8 1746 S. Victoria Avenue, Suite 230 Ventura, CA 93003 9 Telephone: (805)628-8220 Facsimile: (805)765-8600 10 E-mai I: djp@calemploymentcounsel. com bdh(S,calemploymentcounsel. com 11 Keith A. Jacoby Attorneys for Defendants, Primeritus 12 Bradley E. Schwan Financial Services and Chris McGinness Littler Mendelson, PC 13 2049 Century Park East, 5* Floor "14 Los Angeles, CA 90067-3107 Tel: (310) 553-0308 / Fax: (310) 553-5583 -15 E-mail: kjacoby@littler.com bschwan@littler.com 16 Nathaniel H. Jenkins 17 Littler Mendelson, PC 18 500 Capitol Mall, Suite 2000 Sacramento, CA 95814 19 Tel: (916) 830-7200 / Fax: (916) 561-0828 E-mail: njenkins@littler.com 20 21 [X] BY MAIL: By placing a true copy thereof enclosed in a sealed envelope addressed to the addressee(s) listed above. I am "readily familiar" with thefirm'spractice of collection and 22 processing correspondence for mailing. Under that practice, it would be deposited with the U.S. 23 Postal Service on that same date with postage thereon fully prepaid at Ventura, Califomia, in the ordinary course of business. I am aware that on motion of the party served, service is presumed 24 invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 25 [X] (State) I declare under penalty of perjury under the laws of the State of Califomia that the 26 foregoing is true and correct. Executed on October 16, 2019 at Ventura, Califomia. 27 28 Edna Byerly 1 NOTICE OF ASSOCIATION OF COUNSEL U.-:;x't':'Z...V •^1 i..I • t 2ij C .,'- • :•: '•! "'if '' '- 'I 1