Order: Andrea Spears vs. Health Net of California Inc

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                                1   TIMOTHY J. LONG (STATE BAR NO. 137591)
     tj long@orrick.com
2    NICHOLAS J. HORTON (STATE BAR NO. 289417)
     nhorton@orrick.com
3    ORRICK, HERRINGTON & SUTCLIFFE LLP
     400 Capitol Mall, Suite 3000
4    Sacramento, CA 95814-4497
     Telephone:     +1 916 447 8299
5    Facsimile:     +1 916 329 4900
6    Attomeys for Defendant                                       FEB 15 2019
     HEALTH NET OF CALIFORNIA, INC.
7                                                                   M. Ruhalrah;,
                                                                    _Depu(y Clert
8                        SUPERIOR COURT OF THE STATE OF CALIFORNIA
9                                      COUNTY OF SACRAMENTO
10   ANDREA SPEARS, an individual, on behalf         Consolidated Case No. 34-2017-00210560-
     of herself and on behalf of all persons         CU-OE-GDS
11   similarly situated.
                         Plaintiff,
12                                                   DECLARATION OF MYNOR MASAYA
               V.                                    Judge:     Hon. Alan G. Perkins
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     HEALTH NET OF CALIFORNIA, E^C, a                Complaint Filed: April 5, 2017
14   Califomia Corporation; and Does 1 through       FAC Filed:       June 29, 2017
     50, inclusive.
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                        Defendants.
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17   TOMAS R. ARANA, on behalf of himself, all
                                                     Complaint Filed: August 1, 2017
     others similarly situated,
                                                     Consolidated Complaint Filed: Dec. 21, 2017
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                        Plaintiff,
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     HEALTH NET OF CALIFORNIA, INC., a
21   Califomia corporation: and DOES 1-50,
     inclusive.
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                        Defendant.
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                                      DECLARATION OF MYNOR MASAYA
     4127-1178-1146.1
 1            I, Mynor Masaya, declare as follows:

2             l . I      understand and have been told there is a lawsuit between Health Net and two

3    current or former employees, who seek to represent all current and former hourly or non-exempt

4    Health Net employees in Califomia from April 5, 2013 through the present, as well as certain

5    exempt employees during the same time period.

6             2.        1fiirtherunderstand that the Plaintiffs in this case are seeking to represent a class of

7    employees that may include me. I know that I may be eligible to participate as a member of the

8    class, i f certified. I understand that the attomey who spoke with me regarding this declaration

9    represents Health Net and does not represent my personal interests. I am making this statement

10   voluntarily and without coercion.

11            3.        On December 20, 2018, I signed a declaration in support of Plaintiffs' Motion for

12   Class Certification. On January 11, 2019, 1 contacted the attomeys representing Health Net

13   requesting to not be deposed in this matter because I recently started a new job and cannot take

14   time off of work. I was referred to the attomeys for whom I had signed a declaration, but could not

15   reach them after several attempts. On January 22,2019,1 was contacted by an attomey representing

16   Health Net to confirm my attendance for my deposition scheduled for January 24, 2019.

17            4.        Rather than moving forward as a witness in this class action lawsuit, I choose to

18   withdraw my December 20, 2018 declaration filed in support of Plaintiffs' Motion for Class

19 Certification.

20            I declare under the penalty ofperjury under the laws of the United States and the State of

21   Califomia that the foregoing is tme and correct. Executed on January 22 , 2019 at Palmdale,

22   Califomia.

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                                        DECLARATION OF MYNOR MASAYA
     4127-1178-1146.1