Preview
1 TIMOTHY J. LONG (STATE BARNO. 137591)
tjlong@orrick.com
2 NICHOLAS J. HORTON (STATE BARNO. 289417)
nhorton@orrick.com ENDORSED
. 3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497 DEC. 2 1 2013
Telephone: +1 916 447 8299
5 Facsimile: +1 916 329 4900 T. Eldfir
Deputy Clerk
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
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, COMPENDIUM OF WITNESS
12
DECLARATIONS IN SUPPORT OF
V.
13 DEFENDANT HEALTH NET OF
CALIFORNIA'S MOTIONS AS TO WHY
HEALTH NET OF CALIFORNIA, INC., a PLAINTIFFS' CASES SHOULD NOT
14 Caiifomia Corporation; and Does 1 through
PROCEED AS PAGA
50, inclusive. REPRESENTATIVE ACTIONS
15
Defendants. Date: April 11,2019
16 Time: 10:00 a.m.
Dept: 35
17 Judge: Hon. Alan G. Perkins
18 Complaint Filed: April 5, 2017
FAC Filed: June 29, 2017
19
20 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017
others similarly situated. Consolidated Complaint Filed: Dec. 21,2017
21
Plaintiff,
(ft 22
< 23
HEALTH NET OF CALIFORNIA, INC., a
24 Caiifomia corporation; and DOES 1-50,
o 25
inclusive.
Defendant.
o 26
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COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF MOTIONS
AS TO WHY PLAFNTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS
1 COMPENDIUM OF WITNESS DECLARATIONS
2 Tab Document
3 1. Declaration of Zeena Aldrete
, 4 2. Declaration of Xochilt Analiz
5 3. Declaration of Ezekial Arizmendi
6 4. Declaration of Catherine Barrantes
7 5. Declaration of Rochelle Bryant
8 6. Declaration of SueAnn Burke
9 7. Declaration of Rocio Cabrales
10 8. Declaration of Maira Castaneda
11 9. Declaration of Martha Contreras
12 10. Declaration of Sandra Cruz
13 n. Declaration of Joshua Del Rosario [
14
12. Declaration of Ovsanna Demirchyan
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13. Declaration of Tracy Lynn Fife
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14. Declaration of Stephanie Guzman
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15. Declaration of Nelson Hidalgo
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16. Declaration ofTatyana Holstrum
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17. - Declaration of Nick Keo
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18. Declaration of Patricia Kermah
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19. Declaration of Vibha Khalasi
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20. Declaration of Cynthia Kirkorian
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21. Declaration of Michelle Lai
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22. Declaration of Moua Lao
25
23. Declaration of Estella Latu
26
24. Declaration of Jennifer Lee
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25. Declaration of Mary Ann Manansala
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COMPENDIUM OF WITNESS DECLARATIONS FN SUPPORT OF MOTIONS
AS TO WHY PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS
1
26. Declaration of Yetlenazi Marquez
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27. Declaration of Debra Mathews
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28. Declaration of Christalex Mendoza
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29. Declaration of Sarah Mitchell
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30. . Declaration of Brooke Mouton
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3L < Declaration of Carlos PenadO
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32. Declaration of Tracy Raitt
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33. Declaration of Rocio Ramirez
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34. Declaration of Krisha Richey
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35. Declaration of Tina Roderick
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36. Declaration of Randy Rohlfs
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37. Declaration of Tina Smithhart
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38. Declaration of Heather Starks
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39. Declaration of Izabella Tarakhchyan
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40. Declaration of D'Anna Torres
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41. Declaration of Carol Tyree
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18 42. Declaration of Dolores Vasquez
19 43. Declaration of Lucinda Watkins
20 44. Declaration of Melissa Weerasinghe
45. Declaration ofThushantha Wijesinghe
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22 46. Declaration of Kathleen Youngstrom
23 III
24 III
25 III
26 III
27 III
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COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF MOTIONS
AS TO WHY PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS
1 Dated: December 21,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP
2
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Tlk^^HY J. LONG
4 NICHOLAS J. HORTON
Attomeys for Defendant
5 HEALTH NET OF CALIFORNIA, INC
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4129-7880-3993.1
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COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF MOTIONS
AS TO WHY PLAFNTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS
TABl
1- TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlorm'iaiorrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton!(ftorrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497
Telephone: +1 916447 9200
5 Facsimile: +1 916 329 4900
6 Attorneys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
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-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 Plaintiff, DECLARATION OF ZEENA ALDRETE
IN SUPPORT OF DEFENDANT HEALTH
13 NET OF CALIFORNIA'S MOTIONS AS
TO WHY PLAINTIFFS' CASES SHOULD
14 HEALTH NET OF CALIFORNIA, INC., a NOT PROCEED AS PAGA
Caiifomia Corporation; and Does 1 through 50, REPRESENTATIVE ACTIONS
15 inclusive,
Date: April 11,2019
16 Defendants. Time: 10:00 a.m.
Dept: 35
17 Judge: Hon. Alan G. Perkins
18 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: April 5,2017
FAC Filed: June 29,2017
19 others similarly situated, Consolidated Complaint Filed: Dec. 21,2017
20 Plaintiff, Complaint Filed: August 1,2017
21 v.
22 HEALTH OF CALIFORNIA, INC., a
Caiifomia corporation; and DOES 1-50,
23 inclusive,
24 Defendant.
25
26
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1 DECLARATION OF ZEENA ALDRETE
2 I, Zeena Aldrete, declare as follows:
3 1. I am an Administrative Assistant III for Health Net of California, Inc. ("Health Nef)
4 in Woodland Hills, Caiifomia. 1 have held this position since 2005. I have personal knowledge of
5 the facts set forth in this declaration and could and would testify competently to them under oath if
6 called as a witoess.
7 2. I understand that the Plaintiffs in this case are seeking to represent a class of
8 employees that may include me. I know that I may be eligible to participate as a member of the
9 , class, if certified. I understand that the attorney who interviewed me represents Health Net and does
10 not represent my personal interests. I am making this statement voluntarily and without coercion.
11 3. Ifiirtherunderstand and have been told there is a lawsuit between Health Net and
12 two current or former employees, who seek to represent all current and former hourly or non-
13 exempt Health Net employees in CaiifomiafromApril 5, 2013 through the present, as well as
14 certain exempt employees during the same time period. I further understand Health Net is
15 attemptmg to gather information for its defense against this lawsuit and my statement is intended
16 to assist Health Net in this regard.
17 4. When 1 began working at Health Net, 1 received training for my job, which included
18 training on how to report my time, how to clock in and out, what Health Net's meal and rest break
19 policies were and who to speak with if I ever had any questions about such things. When Health
20 Net adopted a new time keeping system around the beginning of 2017,1 was again trained on how
21 to accurately record my work time.
22 5. Every time-reporting training session I have attended has explained that all hourly
23 employees are required to record their own time accurately each day. The emphasis in that training
24 has always been that we should and accurately record our time worked because the Company wants
25 to ensure it is paying us for all the hours we work.
26 6. My shift isfrom7:00 a.m. to 3:30 p.m. On a normial day I will get here around 7:00
27 a.m., and I clock in almost immediately.
28 7. I keep my own time. In other words, I myself enter my start times and end times,
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1 and that is what I am paid for. For example, there are instances where I may have forgotten to
2 clock in or out. I am able to manually enter my time to reflect when I actually began work.
3 8; On a regular week day, it is extremely quick for me to log on my computer, taking
4 at most a minute for me to enter my password to unlock the screen and clock in on my time sheet.
5 9. The programs that I use to carry out my job duties are Outlook for emails and Excel
6 Spreadsheets. I am able to open these up on the system very quickly to begin working. At the end
7 of the day, I just hit the "X" to close my email or any spreadsheet 1 am working on. I then clock
8 out and lock my screen, which only takes a few sefconds. I generally sign outrightat 3:30 p.m.
9 when my shift ends, grab my things and leave.
10 10. We do not have to shut down our programs every day. I usually shut down Friday
11 and reboot on Monday moming. When I reboot on Monday, it takes a little longer to log into the
12 system, but takes at most 2 minutes to do so.
13 11. I have always been paid for the time exactly as I have recorded it in the Company's
14 time-keeping system.
15 12. As an Administrative Assistant, I support the Director of the Department of
16 Credentialing. The Credentialing Department makes sure that doctors in the network have proper
17 credentiading and licensing. I do not actually verify any of the credentialing or licensing. On a
18 day-to-day basis, I take care of the Director's calendar and travel details, and support any of the
19 Department's needs, such as ordering toner for the printer and making sure the computer equipment
20 is properly functioning,
21 13. I understand it is Health Net's policy that hourly, non-exempt employees like me
22 are provided with an uninterrupted thirty minute meal period for each shift lasting five or more
23 hours. I imderstand I should take my meal period at or before thefifthhour of work. These policies
24 were explained to me during my orientation.
25 14. My meal breaks are not scheduled, but I try to take my 30-minute meal period
26 around 11:00 a.m. I always take my meal period before thefifthhour worked.
27 15. I almost always taken my full, uninterrupted meal period and I have never been
28 stoppedfromdoing so, nor had a meal break cut short, except in one instance. In that particular
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1 instance, the director I support contacted me for some information. I voluntarily went upstairs
2 without coercion to respond to her and then retumed to my lunch. I still received a full thirty
3 minutes off for lunch despite the interraption. I have never been coerced by a supervisor or anyone
4 at Health Net not to take my meal period. In my position, there are seldom any emergencies which
5 require me to forgo my meal periods. In other words, my workload has never been so intense or
6 demanding that I was unable to take a meal break.
7 16. 1 know I can do whatever I want during my meal breaks. I generally leave my
8 workstation to have my meal. 1 clock back in at or after thirty-minutes. I am well aware of when
9 to take my meal period and know that I must take it at or before my fifth hour worked. Now, the
10 timekeeping system will flag and send out warnings if for some reason I were not to take my meal
11 period at or before thefifthhour.
12 17. I understand it is Health Net's policy that hourly employees are provided with an
13 unintermptedfifteenminute rest break for every four hours worked, or majorfractionthereof. This
14 policy was explained to me during my orientation.
15 18. Although my rest breaks are not scheduled, I have always taken my full,
16 unintermpted rest periods in accordance with Company policy and I have never been stopped from
17 doing so, nor have I had a rest break cut short. I haVe always been encouraged to take my rest
18 breaks.
19 19. I understand Health Net's policy is to pay for all hours worked and that it is my
20 responsibility to ensure that I record and report my time accurately each day. I have never worked
21 offthe clock or worked hours that I have not reported.
22 20. My supervisor has never asked me to work without being paid or to work off the
23 clock and I have never been in fear of reporting all of my hours.
24 21. 1 have always been paid for all the time I have reported.
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1 I declare under penalty of perjury under the laws of the State of Caiifomia and these United
2 States that the foregoing is tme and correct. Executed this '^'/^ day of May, 2018 in the
3 City of Woodland Hills, County of Los Angeles, Caiifomia.
4
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6 ZEENA ALDRETE
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TAB 2
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tilonu'^a:orrick.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhorton/tfiorrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000,
4 Sacramento, CA 95814-4497
Telephone: +1 916 447 9200
5 Facsimile: +1 916 329 4900
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
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-
1! of herself and on behalf of all persons similarly CU-OE-GDS
situated.
12 Plaintiff, DECLARATION OF XOCHILT ANALIZ
IN SUPPORT OF DEFENDANT HEALTH
13 NET OF CALIFORNIA'S MOTIONS AS
TO WHY PLAINTIFFS' CASES SHOULD
14 HEALTH NET OF CALIFORNIA, INC., a NOT PROCEED AS PAGA
Caiifomia Corporation; and Does 1 through 50, REPRESENTATIVE ACTIONS
15 inclusive.
Date: April 11,2019
16 Defendants. Time: 10:00 a.m.
Dept: 35
17 Judge: Hon. Alan G. Perkins
18 Complaint Filed: April 5,2017
TOMAS R. ARANA, on behalf of himself, all FAC Filed: June 29,2017
19 others similarly situated, Consolidated Complaint Filed: Dec. 21,2017
20 Plaindff, Complaint Filed: August 1,2017
21 V.
22 HEALTH OF CALIFORNIA, INC., a
Caiifomia corporation; and DOES 1-50,
23 inclusive, ^
24 Defendant.
25
26
27
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1 DECLARATION QF XOCHILT ANALIZ
2 I, Xochilt Analiz, declare as follows:
3 1. 1 am an Appeals and Grievance Coordinator for Health Net of Caiifomia in
4 Woodland Hills, California. I have held this position since June 2015. I have personal knowledge
5 ofthe facts set forth in this declaration and could and would testify competently to them under oath
-6 if called as a witaess.
7 2. I understand that the Plaintiffs in this case are seeking to represent a class of
8 employees that may include me. Iknow that I may be eligible to. participate as a member ofthe
9 class, if certified. I understand that the attomey who interviewed me represents Defendant Health
10 Net of California, Inc. ("Health Net") and does not represent my personal interests. I am making
11 this statement voluntarily and without coercion.
12 3. I further understand and have been told there is a lawsuit between Health
13 Net and two current or fonner employees, who seek to represent all current and fonner hourly or
14 non-exempt Health Net employees in CaiifomiafromApril 5,2013 through the present, as well as
15 certain exempt employees during the same time period. I fiirther understand Health Net is
16 attempting to gather information for its defense against this lawsuit and my statement is intended
17 to assist Health Net in this regard.
18 4. As an appeals and Grievances Coordinator, I am responsible for a caseload
19 of member or provider appeals or grievances. For example, when a member appeals a coverage
20 decision, or has any kind of grievance against a provider or doctor, or even a complaint about their
21 tteatment, a case is processed and sent to the Appeals and Grievances team. Handling cases usually
22 means reaching out to hospitals or medical providers to obtain authorizations, requesting medical
23 records, or addressing denials of coverage or specific medication. I review the intake information,
24 log the case information, call the member and/or reach out to any other third parties as necessary
25 to get more information to resolve the issues.
26 5. When I began my position at Health Net, I received training for my job
27 duties, as well as training on how to report and log my time, how to clock in and out and what
28 Health Net's meal and rest break policies were.
1 6. The training explained that all hourly employees were required to record
2 their own time accurately each day. My supervisors also go over these policies regularly and
3 remind us to take our meal and rest breaks and record our time.
4 7. Health Net's time keeping system is easy to use; I have never had any
5 problems recording my time exactly as I have worked it, including clocking in and out at the
6 beginning and end of my shift, and clocking in and out for lunch.
7 8. I always record my time accurately and it is easy to do so on my computer.
8 If my computer is slow to log in, I email a screen shot ofthe issue to my supervisor and let them
9 know when I started working, and then manually type in my hours to make sure I am paid for all
10 my working time.
11 9. When I arrive at work in the moming, the first thing I do is open my
12 computer and clock in. I have never started working before I clocked in and no one has eyer
13 suggested that I do that. Even if I arrive before my shift, I do not perform any work until I am
14 clocked in. I also clock out for my meal periods and back in after the meal period is ,dorte.
15 10. At the end of the day, I clock out in the same way that I clock in, by clicking
16 a button. The vyhole process takes a matter of seconds. I have never worked after I have already
17 clocked out.
18 11. I have accurately recorded all of my hours and have always been paid for the
19 time exactly as I have recorded it.
20 12. I understand Health Net's policy is to pay for all hours worked and that it is
21 my responsibility to ensure that I record and report my time accurately each day. I have never
22 worked off the clock or worked hours that I have not reported.
23 13. No supervisor has ever asked me to work without being paid or to work off
24 the clock and I have never been in fear of reporting all of my hours.
25 14. When I started, my shift wasfrom8:00 a.m. to 5:00 p.m. My meal and rest
26 breaks were scheduled in advance by my supervisor, including afifteenminute break in the
27 moming, an hour long lunch before thefifthhour of work and a secondfifteenminute break in the
28 afternoon. Although I know I am entitled to a half hour lunch, I spoke with my supervisor and was
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1 approved to take an hour meal period, which I do every day.
2 15. My supervisor sent out the break schedules so we always knew when our
3 breaks were. I do not recall strictly sticking to the schedule - it was not very regimented. I was
4 alwaysfreeto take a break whenever I wanted. But in general, I have never had trouble adhering
5 to the break schedule and have received and taken all of my meal and rest breaks. I have done so
6 without intermption and without any breaks being cut short.
7 16. Normally, there is nothing that would keep me from taking a break at my
8 exact scheduled break time, but sometimes if I am in the middle of a project or a call, I will just
9 finish the call and go to my break immediately after. I do this ofmy own choice because it is more
10 convenient for me. I know I can take iriy breaks whenever I want and my workload has never
11 stopped me from being able to take my full breaks.
12 17. In 2016,1 changed my shift time to 10:00 a.m. to 7:00 p.m. for a few months.
13 During thattime-period,as before, I was able to take my meal and rest breaks and I was given more
14 or less the same break schedule (a break after two hours of working, an hour lunch and a break
15 around 2 hours before the end ofmy shift).
16 18. In 2017,1 changed my schedule to 8:30 a.m. to 5:30 p.m. Now I regularly
17 take myfirstfifteenminute break at 10:30 a.m., my one hour lunch at 1:00 p:m. and my second
18 fifteen minute break at 3:30 p.m.
19 19. I am free to do whatever I want during my breaks. Typically, I sit at my desk
20 (with my computer logged off and locked) and play on my phone, or go downstairs to take a walk.
21 1 do not do same thing every day on my breaks, but I never work during my breaks.
22 I declare under penalty of perjury under the laws ofthe State of CaUfomia and these
23 United States that the foregoing is true and correct. Executed this day of May, 2018
24 in the City of Woodland Hills, County of Los Angeles, c(a[iforma
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TAB 3
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tilonu;c/lorrick.com .
2 NICHOLAS J. HORTON (STATE BARNO. 289417)
nhortonif/^omck.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramcnto, CA 95814-4497
Telephone: +1 916 447 9200
5 Facsimile: +1 916 3294900
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
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-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
12 PlaintifF, DECLARATION OF EZEiGEL
ARIZMENDI IN SUPPORT OF
13 V. DEFENDANT HEALTH NET OF
CALIFORNIA'S MOTIONS AS TO WHY
14 HEALTH NET OF CALIFORNIA, INC., a PLAINTIFFS' CASES SHOULD NOT
Caiifomia Corporation; and Does 1 through 50,. PROCEED AS PAGA
15 inclusive, REPRESENTATIVE ACTIONS
16 Defendants. Date: April 11,2019
Time: 10:00 a.m.
17 Dept: 35
Judge: Hon. Alan G. Perkins
18
TOMAS R. ARANA, on behalf of himsdf, all Complaint Filed: April 5,2017
19 FAC Filed: June 29,2017
others similarly situated. Consolidated Complaint Filed: Dec. 21,2017
20
Plaintiff, Complaint Filed: August 1,2017
21
V.
22
HEALTH OF CALIFORNIA. INC., a
23 Caiifomia corporation; and DOES 1-50,
inclusive,
24
Defendant.
25
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1 DECLARATION OF EZEKIEL ARIZMENDI
2 I, Ezekiel Arizmendi, declare as follows:
3 1. I am a Manager ofthe Provider Performance and Analytics team for Health
4 Net in Glendale, Caiifomia. I have held this position since December 2017. I have personal
5 knowledge of the facts set forth in this declaration and could and would testify competently to them
6 under oath if called as a witaess.
7 2. I understand that the Plaintiffs in this case are seeking to represent a class of
8 employees that may include me. I know that I may be eligible to participate as a member of the
9 class, if certified. I understand that the attomey who interviewed me represents Defendant Health
10 Net of California, Inc. and does not represent my personal interests. I am making this statement
11 voluntarily and without coercion.
12 3 . 1 further understand and have been told there is a lawsuit between Health
13 Net of California, Inc. ("Health Net") and two current or former employees, who seek to represent
14 all current and former hourly or non-exempt Health Net employees in CaliforniafromApril 5,2013
15 through the present, as well as certain exempt emplpyees during the same time period. I ftirther
16 understand Health Net is attempting to gather information for its defense against this lawsuit and
17 my statement is intended to assist Health Net in this regard.
18 . 4. In April 2013,1 was a Utilization Management Coordinator ("UMC") I in
19 Health Net's Woodland Hills office. At that time, I was an hourly employee. Sometune ih 2014,
20 1 was promoted to UMC II in the same office.
21 5. As a UMC I, I worked under the Medical Management Department. There
22 were several UMCs in that department and we all had different roles based on the tasks or projects
23 we were assigned to. My main duties at the time were to hiandle intake tasks, call hospitals and
24 obtain admission and discharge information, contact medical groups to obtain dispositions for
25 medical review, and review reports and intake information for determinations of medical necessity.
26 1 was on the non-clinical side, whereas other employees such as Registered Nurses and Medical
27 Directors may have worked on clinical matters.
28 6. When I was promoted to UMC U, I was responsible for leading a cost-saving
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1 and process unprovement project. I led the project and oversaw its progress - based on my
2 performance, I was given more resources and personnel to continue growing the project. I also ran
3 projects for improving coinmunications within medical groups to exchange necessary information
4 regarding medical reviews and medical necessity determinations.
5 7. As a UMC I arid II, I was trained on how to report mytime,how to clock in
6 and out, and what Health Net's meal and rest break policies were. During that time, I reported my
7 hours on my computer by manually typing in my work hours. It was essentially an honor system,
8 whereby I wouldfypein when I arrived, when I took my lunch breaks, and when I left for the day.
9 I understood that the Company was counting,on me to report my time worked accurately. I was
10 always paid exactly in accordance with the hours I recorded, and I always recorded my working
11 hours accurately.
12 8. On one or two occasions, I recall having to send an email or two after I
13 already typed in my end time for the day. On those couple of occasions, I knew I could go back iri
14 and adjust my time by a couple of minutes to show I was still working, but I did not do that because
15 it was not worth it to me. I always was paid accurately for overtime, so on those very rare occasions,
16 I did not adjust my time by those couple of minutes - even though I know I could have. No
17 supervisor ever instmcted me to work off the clock, or to work without recording my time, and they
18 did not know I was doing work after clocking out on these very rare occasions. I did this voluntarily
19 because practically speaking, it was faster for me to just send the email and leave than to adjust my
20 time by a minute or two to make a few more pennies. Beyond these rare occasions, I was always
21 paid for the time I worked and always recorded the time I worked.
22 9. I often worked overtime and was encouraged to do so. I was never coerced
23 not to work overtime and was always paid for it. For this reason, I was never in fear of recording
24 my time, to the minute, of when I w ^ working.
25 10. As a UMC I and n, my shift was 8:30 a.m. to 5:00 p.m. I always took a
26 fifteen minute break in the moming, a thirty "minute lunch at midday, and afifteenminute break ia
27 the afternoon. I took my breaks when it was convenient for me. I understood I was entitled to
28 these breaks, since it was explained to me when I joined the company and was common knowledge.
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1 I was never preventedfit)mtaking my breaks nor required to work during my breaks. I took these .
2 breaks every day without any intervention by anyone else.
3 11. Although I understood my lunch break was to be unintermpted, I chose at
4 times to work during my lunch and eat at my desk. I did this completely voluntarily, knowing that
5 I wasfreeto have unintermpted time. I did this because I wanted to prove myself and stay ahead
6 by continuing to review items as I sat and ate - but I did not work at lunch because anyone told me
7 to do it and no one knew I was working. My supervisors were not aware that I ever worked during
8 a lunch break. This was completely my choice and not because I felt compelled to, or because the
9 workload was so intense that I had to. Ultimately, I wanted to work my way up within the company
10 and I felt that staying ahead would put me in a good position to do that. I know I was entitied to,
11 andfreeto take a full thirty minute lunch break. Even when I did these "working lunches," I still
12 wasfreeto do whatever I wanted and no manager or supervisor ever told me I had to work during
13 a break. I did this a few times a week, and at least half the time I took a full thirty minutes and did
14 not perform any work during breaks.
15 12. My breaks were not scheduled in advance, but I was encouraged by my
16 supervisor to take breaks. My schedule wasflexibleand I was always allow;ed to take breaks
17 whenever I wanted, based on my personal preferences. My supervisor checked on trie often to
18 make sure I had therightresources to do my job, including enough time for breaks.
19 13. In July 2015, I was promoted to Business Analyst and transferred to the
20 Health Net office in Glendale, California. This was a proriiotion to a salaried position. I was
21 promoted to work in the Public Programs Department, to assist in strategizing and implementing a
22 processing and reporting plan for pubUc programs.
23 14. The plan was vital to the department because it dealt with auditing and
24 providing infonnation on the plan's performance with respect to govemment contracts, which is a
25 critical aspect of our business. The project was to better capture the performance metrics of the
26 plan to demonstrate the plan was complying >vith the requirements under government-sponsored
27 programs, such as Medicare and Medicaid.
28 15. As a Busuiess Analyst, I took a lead role in the planning and implementation
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1 process and oversaw the work essentially as a project manager. I made sure projects were
2 completed on time by other employees on the project and made sure their workfitthe specifications
3 necessary for the project. I helped and/or advised other employees when they ran into challenges
4 in order to overcome and solve them. I also strategized the best methods for capturing and reporting
5 metrics of our deliverables to provide to regulators and auditors from the public programs. The
6 exercise of these duties required me to regularly use my independent discretion and judgment,
7 which in tum was based on the technical expertise that I developed in my previous roles and my
8 studies at Cal State Northridge where I eamed my Bachelor of Science degree in Business.
9 16. I had independent decision-making authority over certain important aspects
10 of the implementation and strategy process. I was the only Business Analyst pn the project and
11 reported directly to the Director of Public Programs. I was able to make decisions on a day-to-day
12 basis without consulting her. On certain big-picture items, the Director was involved, but I
13 provided important input and worked with the executives on high-level matters, and generally she
14 relied upon my recommendations. I also reviewed other employees' work and was able to direct
15 them to make changes to their work or direct them to do things, without needing prior approval.
16 This happened often. My decisions, and the directions I gave, were vitally important to achieving
17 the company's objectives on this important project, because if we failed to provide the conect
18 information for the audits. Health Net would haveriskedserious consequences for not meeting
19 requirements under contractual and regulatory obligations, including Conective Action Plans,
20 fines, or losing the contracts. And there was no one "right" way tofiguringout how to do all of
21 this. When I made my decisions and recommendations, or when I directed someone to do
22 something differentiy, or to revise their work, I used my OAvn judgment; no one told me what to say
23 or how to think. I was entrusted to do so and it was my job tofigureall of that out.
24 17. I estimate that I spent well over 50% of my time as a Business Analyst
25 exercising my own judginent and discretion advising the Company on this important project and
26 managing others, with a small percentage of time on more routine tasks. I took on a lead role,
27 which ultimately led to my promotion in 2016 to Senior Business Analyst.
28 18. At all times that I was employed as a Business Analyst, 1 eamed an annual
.4.
1 salary well m excess of $50,000.
.2' I declare under penalty of perjury under the laws of the State of Caiifomia and these
3 United States that the foregoing is tme and correct. Executed this (U day Of May, 2018
4 in the City of Woodland Hills, Coimty of Los Angeles, Caiifomia.
5
6
7 EL ARIZMENDI
8
4127-5383-2467.1
9
10
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12
13
14
15
16
17
18
19
20
21
22
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26
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28
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TAB 4
1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tiloniifa;ornck.com
2 NICHOLAS J. HORTON (STATE BAR NO. 289417)
nhonona/lorrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
4 Sacramento, CA 95814-4497
Telephone: +1 916 447 9200
5 Facsimile: +1 916 329 4900
6 Attomeys for Defendant
HEALTH NET OF CALIFORNIA, INC.
7
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-
11 of herself and on behalf of all persons similarly CU-OE-GDS
situated.
12 Plaintiff', DECLARATION OF CATHERINE
BARRANTES IN SUPPORT OF
13 v. DEFENDANT HEALTH NET OF
CALIFORNIA'S MOTIONS AS TO WHY
14 HEALTH NET OF CALIFORNIA, INC., a PLAINTIFFS' CASES SHOULD NOT
Caiifomia Corporation; and Does 1 through 50, PROCEED AS PAGA
15 inclusive, REPRESENTATIVE ACTIONS
16 Defendants. Date: April 11,2019
Time: 10:00 a.m.
17 Dept: 35
Judge: Hon. Alan G. Perkins
18
Complaint Filed: April 5,2017
19 TOMAS R. ARANA, on behalf of himself, all FAC Filed: June 29,2017
others similarly situated. Consolidated Complaint Filed: Dec. 21,2017
20
Plaintiff, Complaint Filed: August 1,2017
21
v.
22
HEALTH OF CALIFORNIA, INC., a
23 Caiifomia corporation; and DOES 1-50,
inclusive.
24
Defendant;
25
26
27
28
1 DECLARATION OF CATHERINE BARRANTES
2 I, Catherine Banantes, declare as follows:
3 1. I am a Supervisor Intake Specialist for the Medical Management Department
4 of Health Net of Caiifomia in Woodland Hills, California. I have held this position since August
5 2017. I have personal knowledge of the facts set forth in this declaration and could and woidd
6 testify competently to them under oath if called as a witaess,
7 2. I understand that the Plaintiffs in this case are seeking to represent a class of
8 employees that may include me. I know that I may be eligible to participate as a member ofthe
9 class, if certified. I understand that the attomey who interviewed me represents Defendant Health
10 Net of Caiifomia, Inc. ("Health Net") and does not represent my personal interests. I am making
11 this statement voluntarily and without coercion.
12 3 . 1 fiirther understand and have been told there is a lawsuit between Health
13 Net and two cunent or former employees, whp seek to represent all cunent and fonner hourly or
14 non-exempt Health Net employees in CaliforniafromApril 5, 2013 through the present, as well as
15 certain exempt employees during the same time period- I further understand Health Net is
16 attempting to gather information for its defense against this lawsuit and my statement is intended
17 to assist Health Net in this regard.
18 4. When I started at Health Net in 2011,1 was hired as a Customer Service
19 Representative ("CSR") I. After some tune, I was promoted to CSR II. As of April 2013,1 had
20 been promoted to CSR m.
21 5. As a CSR III, I worked in the Health Net call center on the fifth floor in one
22 of buildings on Health Net's Woodland Hills campus. I assisted with member and provider
23 inquiries about various subjects, including benefits, claims, appeals and grievances, doctor changes
24 and authorizations - basically anything related to member benefits. For providers, the inquiries
25 were usually about appeals and billing issues, but I assisted with other questions as they arose. I
26 worked in the call center, where calls were routed to each CSR based on their areas of expertise
27 and availability.
28 6. My job duties as a CSR III were slightly different than those of a CSR I or
1 II, not only because the questions I received and answered were usually more advanced/difficult,
2 but I also, had more responsibilities in terms of training and assisting other CSRs. For example,
3 when CSR Is and lis received questions that they were unable to answer, they requested assistance
4 in-the Support Queue, where CSR Ills like me would step in to assist. This usually happened with
5 major or elevated issues that could not be resolved by the initial CSR. I also was called on for
6 special projects and follow-up calls as a CSR HI; those are things I did not do as a CSR I or II.
7 7. When I was hired as a CSR, I was trained by my supervisor on Health Net's
8 policies. The training included an explanation of how to report my time, how to clock in and out
9 from shifts, and what Health Net's meal and rest break policies were.
10 8. I understand it is Health Net's policy that hourly employees are provided
11 with an unintermpted thirty minute meal period for each shift lastingfiveor more hours, to be taken
12 before the fifth hour of work.'
13 9 . 1 also understand it is Health Net's policy that hourly employees are provided
14 with an unintermptedfifteenminute rest break for every four hours worked. Therefore, on an eight
15 hour shift, I took twofifteenminute breaks, one in the middle of the first half of my shift and one
16 in the middle of the second half of my shift.
17 10. I further understand it is Health Net's policy that all hourly employees
18 were/are required to record their own time accurately each day. I understood this as an hourly
19 employee, and I constantiy remind the hourly employees I supervise about this, now that I am a
20 supervisor.
21 11. When I was a CSR HI, I reported my time rnanually on my computer. I
22 recorded my time every day bytypingin my hours into an ordine time sheet to conespond with the
23 tune that I logged into the phone system to start working. I typed in when I began working, wheri
24 I clocked out for lunch, when I clocked back in from lunch and when I stopped working at the end
25 ofthe day. The entire process was always easy, just a few clicks and then I would type in the time.
26 I was always paid according the exact hours I reported - and I always reported my hours accurately.
27 12. As a CSR in, my shift was 9:30 am to 6:00 pm. I had an assigned break
28 schedule communicated to me by my supervisor, which let me know when to take my first rest
-2- .
1 break, lunch break and second rest break. I do not recall my specific schedule, but I know the first
2 fifteen minute break was at around the two hour mark, lunch was before the fifth hour and the
3 secondfifteenminute break was halfway through the last half ofrayshift.
4 13. I never missed any of my breaks and was never discouraged from taking
5 breaks. I was never called back early from a break or had a break intenupted.
6 14. I recall a few times where I was on a customer call that lasted until my
7 scheduled break time. In those instances, i f the call was going to go longer, I would make a
8 judgment call about how much longer the call would take and how important the call was. If I was
9 close to wrapping up the customer call, I would notify my supervisor that the call was running long
10 and that I was going to take my break as soon as the call ended. If I stayed on the call a few minutes
11 into my break time, .1 willingly chose to stay on the call - even though I knew I could schedule a
12 follow-up call and take my break. I knew I was able to take my breaks and no supervisor ever told
13 me had to stay on the calls - I just chose to stay on and take my breaks after those calls when I
14 knew I would be able to finish within a few minutes. I only did this on calls that were complicated
15 with major issues or elevated calls that someone had passed to me becausetaeywere unable to
16 resolve the issue.
17 15. If I could tell the call was going to last longer than a few minutes into my
18 breaks, I would schedule a follow-up call and take my break. I never had any issue doing this, nor
19 was I ever criticized for taking action to schedule a follow-up call. Again, on the rare occasion that
20 I chose to remain on a call with a customer into a break, I willingly volunteered to stay on the calls
21 because I thought it would be the best for everyone, but I knew I did not have to do this, it was just
22 my preference. Even in these instances, I do not recall ever staying on a call that pushed my lunch
23 beyond the fifth hour of work.
24 16. It is rare that I chose to stay on a call into my break because I tried not to
25 start a new call when I knew a break was coming up. I generally always found a way to request
26 assistancefromthe follow-up response team. It was only on major or escalated issues that I would
27 choose to stay on. The system has always allowed CSRs to mark when they are unavailable for
28 new calls in order tp take breaks and we were all trained on how to use the time system. It was
-3-
1 easy to click that I was unavailable so a new call would not come to my queue and I could go take
2 my break. I understand this is still the case today.
3 17. As an hourly employee, I always took my fiilL thirty minute lunch periods
4 and myfifteenminute rest breaks. I was, never instmcted by a supervisor or anyone at Health Net
5 not to take my meal or re
Preview
1 TIMOTHY J. LONG (STATE BARNO. 137591) tjlong@orrick.com 2 NICHOLAS J. HORTON (STATE BARNO. 289417) nhorton@orrick.com ENDORSED . 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 DEC. 2 1 2013 Telephone: +1 916 447 8299 5 Facsimile: +1 916 329 4900 T. Eldfir Deputy Clerk 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 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, COMPENDIUM OF WITNESS 12 DECLARATIONS IN SUPPORT OF V. 13 DEFENDANT HEALTH NET OF CALIFORNIA'S MOTIONS AS TO WHY HEALTH NET OF CALIFORNIA, INC., a PLAINTIFFS' CASES SHOULD NOT 14 Caiifomia Corporation; and Does 1 through PROCEED AS PAGA 50, inclusive. REPRESENTATIVE ACTIONS 15 Defendants. Date: April 11,2019 16 Time: 10:00 a.m. Dept: 35 17 Judge: Hon. Alan G. Perkins 18 Complaint Filed: April 5, 2017 FAC Filed: June 29, 2017 19 20 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017 others similarly situated. Consolidated Complaint Filed: Dec. 21,2017 21 Plaintiff, (ft 22 < 23 HEALTH NET OF CALIFORNIA, INC., a 24 Caiifomia corporation; and DOES 1-50, o 25 inclusive. Defendant. o 26 27 28 COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF MOTIONS AS TO WHY PLAFNTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 1 COMPENDIUM OF WITNESS DECLARATIONS 2 Tab Document 3 1. Declaration of Zeena Aldrete , 4 2. Declaration of Xochilt Analiz 5 3. Declaration of Ezekial Arizmendi 6 4. Declaration of Catherine Barrantes 7 5. Declaration of Rochelle Bryant 8 6. Declaration of SueAnn Burke 9 7. Declaration of Rocio Cabrales 10 8. Declaration of Maira Castaneda 11 9. Declaration of Martha Contreras 12 10. Declaration of Sandra Cruz 13 n. Declaration of Joshua Del Rosario [ 14 12. Declaration of Ovsanna Demirchyan 15 13. Declaration of Tracy Lynn Fife 16 14. Declaration of Stephanie Guzman 17 15. Declaration of Nelson Hidalgo 18 16. Declaration ofTatyana Holstrum 19 17. - Declaration of Nick Keo 20 18. Declaration of Patricia Kermah 21 19. Declaration of Vibha Khalasi 22 20. Declaration of Cynthia Kirkorian 23 21. Declaration of Michelle Lai 24 22. Declaration of Moua Lao 25 23. Declaration of Estella Latu 26 24. Declaration of Jennifer Lee 27 25. Declaration of Mary Ann Manansala 28 -2- COMPENDIUM OF WITNESS DECLARATIONS FN SUPPORT OF MOTIONS AS TO WHY PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 1 26. Declaration of Yetlenazi Marquez 2 27. Declaration of Debra Mathews 3 28. Declaration of Christalex Mendoza 4 29. Declaration of Sarah Mitchell •5 30. . Declaration of Brooke Mouton 6 3L < Declaration of Carlos PenadO 7 32. Declaration of Tracy Raitt 8 33. Declaration of Rocio Ramirez 9 34. Declaration of Krisha Richey 10 35. Declaration of Tina Roderick 11 36. Declaration of Randy Rohlfs 12 37. Declaration of Tina Smithhart 13 38. Declaration of Heather Starks 14 39. Declaration of Izabella Tarakhchyan 15 40. Declaration of D'Anna Torres 16 41. Declaration of Carol Tyree 17 18 42. Declaration of Dolores Vasquez 19 43. Declaration of Lucinda Watkins 20 44. Declaration of Melissa Weerasinghe 45. Declaration ofThushantha Wijesinghe 21 22 46. Declaration of Kathleen Youngstrom 23 III 24 III 25 III 26 III 27 III 28 3- COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF MOTIONS AS TO WHY PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 1 Dated: December 21,2018 ORRICK, HERRINGTON & SUTCLIFFE LLP 2 3 Tlk^^HY J. LONG 4 NICHOLAS J. HORTON Attomeys for Defendant 5 HEALTH NET OF CALIFORNIA, INC 6 7 8 9 10 11 12 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 27 28 4129-7880-3993.1 4- COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF MOTIONS AS TO WHY PLAFNTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS TABl 1- TIMOTHY J. LONG (STATE BAR NO. 137591) tjlorm'iaiorrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton!(ftorrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 Telephone: +1 916447 9200 5 Facsimile: +1 916 329 4900 6 Attorneys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 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- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated, 12 Plaintiff, DECLARATION OF ZEENA ALDRETE IN SUPPORT OF DEFENDANT HEALTH 13 NET OF CALIFORNIA'S MOTIONS AS TO WHY PLAINTIFFS' CASES SHOULD 14 HEALTH NET OF CALIFORNIA, INC., a NOT PROCEED AS PAGA Caiifomia Corporation; and Does 1 through 50, REPRESENTATIVE ACTIONS 15 inclusive, Date: April 11,2019 16 Defendants. Time: 10:00 a.m. Dept: 35 17 Judge: Hon. Alan G. Perkins 18 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: April 5,2017 FAC Filed: June 29,2017 19 others similarly situated, Consolidated Complaint Filed: Dec. 21,2017 20 Plaintiff, Complaint Filed: August 1,2017 21 v. 22 HEALTH OF CALIFORNIA, INC., a Caiifomia corporation; and DOES 1-50, 23 inclusive, 24 Defendant. 25 26 27 28 1 DECLARATION OF ZEENA ALDRETE 2 I, Zeena Aldrete, declare as follows: 3 1. I am an Administrative Assistant III for Health Net of California, Inc. ("Health Nef) 4 in Woodland Hills, Caiifomia. 1 have held this position since 2005. I have personal knowledge of 5 the facts set forth in this declaration and could and would testify competently to them under oath if 6 called as a witoess. 7 2. I understand that the Plaintiffs in this case are seeking to represent a class of 8 employees that may include me. I know that I may be eligible to participate as a member of the 9 , class, if certified. I understand that the attorney who interviewed me represents Health Net and does 10 not represent my personal interests. I am making this statement voluntarily and without coercion. 11 3. Ifiirtherunderstand and have been told there is a lawsuit between Health Net and 12 two current or former employees, who seek to represent all current and former hourly or non- 13 exempt Health Net employees in CaiifomiafromApril 5, 2013 through the present, as well as 14 certain exempt employees during the same time period. I further understand Health Net is 15 attemptmg to gather information for its defense against this lawsuit and my statement is intended 16 to assist Health Net in this regard. 17 4. When 1 began working at Health Net, 1 received training for my job, which included 18 training on how to report my time, how to clock in and out, what Health Net's meal and rest break 19 policies were and who to speak with if I ever had any questions about such things. When Health 20 Net adopted a new time keeping system around the beginning of 2017,1 was again trained on how 21 to accurately record my work time. 22 5. Every time-reporting training session I have attended has explained that all hourly 23 employees are required to record their own time accurately each day. The emphasis in that training 24 has always been that we should and accurately record our time worked because the Company wants 25 to ensure it is paying us for all the hours we work. 26 6. My shift isfrom7:00 a.m. to 3:30 p.m. On a normial day I will get here around 7:00 27 a.m., and I clock in almost immediately. 28 7. I keep my own time. In other words, I myself enter my start times and end times, • -1 - 1 and that is what I am paid for. For example, there are instances where I may have forgotten to 2 clock in or out. I am able to manually enter my time to reflect when I actually began work. 3 8; On a regular week day, it is extremely quick for me to log on my computer, taking 4 at most a minute for me to enter my password to unlock the screen and clock in on my time sheet. 5 9. The programs that I use to carry out my job duties are Outlook for emails and Excel 6 Spreadsheets. I am able to open these up on the system very quickly to begin working. At the end 7 of the day, I just hit the "X" to close my email or any spreadsheet 1 am working on. I then clock 8 out and lock my screen, which only takes a few sefconds. I generally sign outrightat 3:30 p.m. 9 when my shift ends, grab my things and leave. 10 10. We do not have to shut down our programs every day. I usually shut down Friday 11 and reboot on Monday moming. When I reboot on Monday, it takes a little longer to log into the 12 system, but takes at most 2 minutes to do so. 13 11. I have always been paid for the time exactly as I have recorded it in the Company's 14 time-keeping system. 15 12. As an Administrative Assistant, I support the Director of the Department of 16 Credentialing. The Credentialing Department makes sure that doctors in the network have proper 17 credentiading and licensing. I do not actually verify any of the credentialing or licensing. On a 18 day-to-day basis, I take care of the Director's calendar and travel details, and support any of the 19 Department's needs, such as ordering toner for the printer and making sure the computer equipment 20 is properly functioning, 21 13. I understand it is Health Net's policy that hourly, non-exempt employees like me 22 are provided with an uninterrupted thirty minute meal period for each shift lasting five or more 23 hours. I imderstand I should take my meal period at or before thefifthhour of work. These policies 24 were explained to me during my orientation. 25 14. My meal breaks are not scheduled, but I try to take my 30-minute meal period 26 around 11:00 a.m. I always take my meal period before thefifthhour worked. 27 15. I almost always taken my full, uninterrupted meal period and I have never been 28 stoppedfromdoing so, nor had a meal break cut short, except in one instance. In that particular - 2- . ' 1 instance, the director I support contacted me for some information. I voluntarily went upstairs 2 without coercion to respond to her and then retumed to my lunch. I still received a full thirty 3 minutes off for lunch despite the interraption. I have never been coerced by a supervisor or anyone 4 at Health Net not to take my meal period. In my position, there are seldom any emergencies which 5 require me to forgo my meal periods. In other words, my workload has never been so intense or 6 demanding that I was unable to take a meal break. 7 16. 1 know I can do whatever I want during my meal breaks. I generally leave my 8 workstation to have my meal. 1 clock back in at or after thirty-minutes. I am well aware of when 9 to take my meal period and know that I must take it at or before my fifth hour worked. Now, the 10 timekeeping system will flag and send out warnings if for some reason I were not to take my meal 11 period at or before thefifthhour. 12 17. I understand it is Health Net's policy that hourly employees are provided with an 13 unintermptedfifteenminute rest break for every four hours worked, or majorfractionthereof. This 14 policy was explained to me during my orientation. 15 18. Although my rest breaks are not scheduled, I have always taken my full, 16 unintermpted rest periods in accordance with Company policy and I have never been stopped from 17 doing so, nor have I had a rest break cut short. I haVe always been encouraged to take my rest 18 breaks. 19 19. I understand Health Net's policy is to pay for all hours worked and that it is my 20 responsibility to ensure that I record and report my time accurately each day. I have never worked 21 offthe clock or worked hours that I have not reported. 22 20. My supervisor has never asked me to work without being paid or to work off the 23 clock and I have never been in fear of reporting all of my hours. 24 21. 1 have always been paid for all the time I have reported. 25 • , 26 27 28 . • -3- ' 1 I declare under penalty of perjury under the laws of the State of Caiifomia and these United 2 States that the foregoing is tme and correct. Executed this '^'/^ day of May, 2018 in the 3 City of Woodland Hills, County of Los Angeles, Caiifomia. 4 5 6 ZEENA ALDRETE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- TAB 2 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tilonu'^a:orrick.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhorton/tfiorrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000, 4 Sacramento, CA 95814-4497 Telephone: +1 916 447 9200 5 Facsimile: +1 916 329 4900 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 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- 1! of herself and on behalf of all persons similarly CU-OE-GDS situated. 12 Plaintiff, DECLARATION OF XOCHILT ANALIZ IN SUPPORT OF DEFENDANT HEALTH 13 NET OF CALIFORNIA'S MOTIONS AS TO WHY PLAINTIFFS' CASES SHOULD 14 HEALTH NET OF CALIFORNIA, INC., a NOT PROCEED AS PAGA Caiifomia Corporation; and Does 1 through 50, REPRESENTATIVE ACTIONS 15 inclusive. Date: April 11,2019 16 Defendants. Time: 10:00 a.m. Dept: 35 17 Judge: Hon. Alan G. Perkins 18 Complaint Filed: April 5,2017 TOMAS R. ARANA, on behalf of himself, all FAC Filed: June 29,2017 19 others similarly situated, Consolidated Complaint Filed: Dec. 21,2017 20 Plaindff, Complaint Filed: August 1,2017 21 V. 22 HEALTH OF CALIFORNIA, INC., a Caiifomia corporation; and DOES 1-50, 23 inclusive, ^ 24 Defendant. 25 26 27 28 1 DECLARATION QF XOCHILT ANALIZ 2 I, Xochilt Analiz, declare as follows: 3 1. 1 am an Appeals and Grievance Coordinator for Health Net of Caiifomia in 4 Woodland Hills, California. I have held this position since June 2015. I have personal knowledge 5 ofthe facts set forth in this declaration and could and would testify competently to them under oath -6 if called as a witaess. 7 2. I understand that the Plaintiffs in this case are seeking to represent a class of 8 employees that may include me. Iknow that I may be eligible to. participate as a member ofthe 9 class, if certified. I understand that the attomey who interviewed me represents Defendant Health 10 Net of California, Inc. ("Health Net") and does not represent my personal interests. I am making 11 this statement voluntarily and without coercion. 12 3. I further understand and have been told there is a lawsuit between Health 13 Net and two current or fonner employees, who seek to represent all current and fonner hourly or 14 non-exempt Health Net employees in CaiifomiafromApril 5,2013 through the present, as well as 15 certain exempt employees during the same time period. I fiirther understand Health Net is 16 attempting to gather information for its defense against this lawsuit and my statement is intended 17 to assist Health Net in this regard. 18 4. As an appeals and Grievances Coordinator, I am responsible for a caseload 19 of member or provider appeals or grievances. For example, when a member appeals a coverage 20 decision, or has any kind of grievance against a provider or doctor, or even a complaint about their 21 tteatment, a case is processed and sent to the Appeals and Grievances team. Handling cases usually 22 means reaching out to hospitals or medical providers to obtain authorizations, requesting medical 23 records, or addressing denials of coverage or specific medication. I review the intake information, 24 log the case information, call the member and/or reach out to any other third parties as necessary 25 to get more information to resolve the issues. 26 5. When I began my position at Health Net, I received training for my job 27 duties, as well as training on how to report and log my time, how to clock in and out and what 28 Health Net's meal and rest break policies were. 1 6. The training explained that all hourly employees were required to record 2 their own time accurately each day. My supervisors also go over these policies regularly and 3 remind us to take our meal and rest breaks and record our time. 4 7. Health Net's time keeping system is easy to use; I have never had any 5 problems recording my time exactly as I have worked it, including clocking in and out at the 6 beginning and end of my shift, and clocking in and out for lunch. 7 8. I always record my time accurately and it is easy to do so on my computer. 8 If my computer is slow to log in, I email a screen shot ofthe issue to my supervisor and let them 9 know when I started working, and then manually type in my hours to make sure I am paid for all 10 my working time. 11 9. When I arrive at work in the moming, the first thing I do is open my 12 computer and clock in. I have never started working before I clocked in and no one has eyer 13 suggested that I do that. Even if I arrive before my shift, I do not perform any work until I am 14 clocked in. I also clock out for my meal periods and back in after the meal period is ,dorte. 15 10. At the end of the day, I clock out in the same way that I clock in, by clicking 16 a button. The vyhole process takes a matter of seconds. I have never worked after I have already 17 clocked out. 18 11. I have accurately recorded all of my hours and have always been paid for the 19 time exactly as I have recorded it. 20 12. I understand Health Net's policy is to pay for all hours worked and that it is 21 my responsibility to ensure that I record and report my time accurately each day. I have never 22 worked off the clock or worked hours that I have not reported. 23 13. No supervisor has ever asked me to work without being paid or to work off 24 the clock and I have never been in fear of reporting all of my hours. 25 14. When I started, my shift wasfrom8:00 a.m. to 5:00 p.m. My meal and rest 26 breaks were scheduled in advance by my supervisor, including afifteenminute break in the 27 moming, an hour long lunch before thefifthhour of work and a secondfifteenminute break in the 28 afternoon. Although I know I am entitled to a half hour lunch, I spoke with my supervisor and was -2- 1 approved to take an hour meal period, which I do every day. 2 15. My supervisor sent out the break schedules so we always knew when our 3 breaks were. I do not recall strictly sticking to the schedule - it was not very regimented. I was 4 alwaysfreeto take a break whenever I wanted. But in general, I have never had trouble adhering 5 to the break schedule and have received and taken all of my meal and rest breaks. I have done so 6 without intermption and without any breaks being cut short. 7 16. Normally, there is nothing that would keep me from taking a break at my 8 exact scheduled break time, but sometimes if I am in the middle of a project or a call, I will just 9 finish the call and go to my break immediately after. I do this ofmy own choice because it is more 10 convenient for me. I know I can take iriy breaks whenever I want and my workload has never 11 stopped me from being able to take my full breaks. 12 17. In 2016,1 changed my shift time to 10:00 a.m. to 7:00 p.m. for a few months. 13 During thattime-period,as before, I was able to take my meal and rest breaks and I was given more 14 or less the same break schedule (a break after two hours of working, an hour lunch and a break 15 around 2 hours before the end ofmy shift). 16 18. In 2017,1 changed my schedule to 8:30 a.m. to 5:30 p.m. Now I regularly 17 take myfirstfifteenminute break at 10:30 a.m., my one hour lunch at 1:00 p:m. and my second 18 fifteen minute break at 3:30 p.m. 19 19. I am free to do whatever I want during my breaks. Typically, I sit at my desk 20 (with my computer logged off and locked) and play on my phone, or go downstairs to take a walk. 21 1 do not do same thing every day on my breaks, but I never work during my breaks. 22 I declare under penalty of perjury under the laws ofthe State of CaUfomia and these 23 United States that the foregoing is true and correct. Executed this day of May, 2018 24 in the City of Woodland Hills, County of Los Angeles, c(a[iforma 25 26 27 , 28 -3 TAB 3 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tilonu;c/lorrick.com . 2 NICHOLAS J. HORTON (STATE BARNO. 289417) nhortonif/^omck.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramcnto, CA 95814-4497 Telephone: +1 916 447 9200 5 Facsimile: +1 916 3294900 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 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- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated, 12 PlaintifF, DECLARATION OF EZEiGEL ARIZMENDI IN SUPPORT OF 13 V. DEFENDANT HEALTH NET OF CALIFORNIA'S MOTIONS AS TO WHY 14 HEALTH NET OF CALIFORNIA, INC., a PLAINTIFFS' CASES SHOULD NOT Caiifomia Corporation; and Does 1 through 50,. PROCEED AS PAGA 15 inclusive, REPRESENTATIVE ACTIONS 16 Defendants. Date: April 11,2019 Time: 10:00 a.m. 17 Dept: 35 Judge: Hon. Alan G. Perkins 18 TOMAS R. ARANA, on behalf of himsdf, all Complaint Filed: April 5,2017 19 FAC Filed: June 29,2017 others similarly situated. Consolidated Complaint Filed: Dec. 21,2017 20 Plaintiff, Complaint Filed: August 1,2017 21 V. 22 HEALTH OF CALIFORNIA. INC., a 23 Caiifomia corporation; and DOES 1-50, inclusive, 24 Defendant. 25 26 27 28 1 DECLARATION OF EZEKIEL ARIZMENDI 2 I, Ezekiel Arizmendi, declare as follows: 3 1. I am a Manager ofthe Provider Performance and Analytics team for Health 4 Net in Glendale, Caiifomia. I have held this position since December 2017. I have personal 5 knowledge of the facts set forth in this declaration and could and would testify competently to them 6 under oath if called as a witaess. 7 2. I understand that the Plaintiffs in this case are seeking to represent a class of 8 employees that may include me. I know that I may be eligible to participate as a member of the 9 class, if certified. I understand that the attomey who interviewed me represents Defendant Health 10 Net of California, Inc. and does not represent my personal interests. I am making this statement 11 voluntarily and without coercion. 12 3 . 1 further understand and have been told there is a lawsuit between Health 13 Net of California, Inc. ("Health Net") and two current or former employees, who seek to represent 14 all current and former hourly or non-exempt Health Net employees in CaliforniafromApril 5,2013 15 through the present, as well as certain exempt emplpyees during the same time period. I ftirther 16 understand Health Net is attempting to gather information for its defense against this lawsuit and 17 my statement is intended to assist Health Net in this regard. 18 . 4. In April 2013,1 was a Utilization Management Coordinator ("UMC") I in 19 Health Net's Woodland Hills office. At that time, I was an hourly employee. Sometune ih 2014, 20 1 was promoted to UMC II in the same office. 21 5. As a UMC I, I worked under the Medical Management Department. There 22 were several UMCs in that department and we all had different roles based on the tasks or projects 23 we were assigned to. My main duties at the time were to hiandle intake tasks, call hospitals and 24 obtain admission and discharge information, contact medical groups to obtain dispositions for 25 medical review, and review reports and intake information for determinations of medical necessity. 26 1 was on the non-clinical side, whereas other employees such as Registered Nurses and Medical 27 Directors may have worked on clinical matters. 28 6. When I was promoted to UMC U, I was responsible for leading a cost-saving - 1- 1 and process unprovement project. I led the project and oversaw its progress - based on my 2 performance, I was given more resources and personnel to continue growing the project. I also ran 3 projects for improving coinmunications within medical groups to exchange necessary information 4 regarding medical reviews and medical necessity determinations. 5 7. As a UMC I arid II, I was trained on how to report mytime,how to clock in 6 and out, and what Health Net's meal and rest break policies were. During that time, I reported my 7 hours on my computer by manually typing in my work hours. It was essentially an honor system, 8 whereby I wouldfypein when I arrived, when I took my lunch breaks, and when I left for the day. 9 I understood that the Company was counting,on me to report my time worked accurately. I was 10 always paid exactly in accordance with the hours I recorded, and I always recorded my working 11 hours accurately. 12 8. On one or two occasions, I recall having to send an email or two after I 13 already typed in my end time for the day. On those couple of occasions, I knew I could go back iri 14 and adjust my time by a couple of minutes to show I was still working, but I did not do that because 15 it was not worth it to me. I always was paid accurately for overtime, so on those very rare occasions, 16 I did not adjust my time by those couple of minutes - even though I know I could have. No 17 supervisor ever instmcted me to work off the clock, or to work without recording my time, and they 18 did not know I was doing work after clocking out on these very rare occasions. I did this voluntarily 19 because practically speaking, it was faster for me to just send the email and leave than to adjust my 20 time by a minute or two to make a few more pennies. Beyond these rare occasions, I was always 21 paid for the time I worked and always recorded the time I worked. 22 9. I often worked overtime and was encouraged to do so. I was never coerced 23 not to work overtime and was always paid for it. For this reason, I was never in fear of recording 24 my time, to the minute, of when I w ^ working. 25 10. As a UMC I and n, my shift was 8:30 a.m. to 5:00 p.m. I always took a 26 fifteen minute break in the moming, a thirty "minute lunch at midday, and afifteenminute break ia 27 the afternoon. I took my breaks when it was convenient for me. I understood I was entitled to 28 these breaks, since it was explained to me when I joined the company and was common knowledge. -2- 1 I was never preventedfit)mtaking my breaks nor required to work during my breaks. I took these . 2 breaks every day without any intervention by anyone else. 3 11. Although I understood my lunch break was to be unintermpted, I chose at 4 times to work during my lunch and eat at my desk. I did this completely voluntarily, knowing that 5 I wasfreeto have unintermpted time. I did this because I wanted to prove myself and stay ahead 6 by continuing to review items as I sat and ate - but I did not work at lunch because anyone told me 7 to do it and no one knew I was working. My supervisors were not aware that I ever worked during 8 a lunch break. This was completely my choice and not because I felt compelled to, or because the 9 workload was so intense that I had to. Ultimately, I wanted to work my way up within the company 10 and I felt that staying ahead would put me in a good position to do that. I know I was entitied to, 11 andfreeto take a full thirty minute lunch break. Even when I did these "working lunches," I still 12 wasfreeto do whatever I wanted and no manager or supervisor ever told me I had to work during 13 a break. I did this a few times a week, and at least half the time I took a full thirty minutes and did 14 not perform any work during breaks. 15 12. My breaks were not scheduled in advance, but I was encouraged by my 16 supervisor to take breaks. My schedule wasflexibleand I was always allow;ed to take breaks 17 whenever I wanted, based on my personal preferences. My supervisor checked on trie often to 18 make sure I had therightresources to do my job, including enough time for breaks. 19 13. In July 2015, I was promoted to Business Analyst and transferred to the 20 Health Net office in Glendale, California. This was a proriiotion to a salaried position. I was 21 promoted to work in the Public Programs Department, to assist in strategizing and implementing a 22 processing and reporting plan for pubUc programs. 23 14. The plan was vital to the department because it dealt with auditing and 24 providing infonnation on the plan's performance with respect to govemment contracts, which is a 25 critical aspect of our business. The project was to better capture the performance metrics of the 26 plan to demonstrate the plan was complying >vith the requirements under government-sponsored 27 programs, such as Medicare and Medicaid. 28 15. As a Busuiess Analyst, I took a lead role in the planning and implementation -3- 1 process and oversaw the work essentially as a project manager. I made sure projects were 2 completed on time by other employees on the project and made sure their workfitthe specifications 3 necessary for the project. I helped and/or advised other employees when they ran into challenges 4 in order to overcome and solve them. I also strategized the best methods for capturing and reporting 5 metrics of our deliverables to provide to regulators and auditors from the public programs. The 6 exercise of these duties required me to regularly use my independent discretion and judgment, 7 which in tum was based on the technical expertise that I developed in my previous roles and my 8 studies at Cal State Northridge where I eamed my Bachelor of Science degree in Business. 9 16. I had independent decision-making authority over certain important aspects 10 of the implementation and strategy process. I was the only Business Analyst pn the project and 11 reported directly to the Director of Public Programs. I was able to make decisions on a day-to-day 12 basis without consulting her. On certain big-picture items, the Director was involved, but I 13 provided important input and worked with the executives on high-level matters, and generally she 14 relied upon my recommendations. I also reviewed other employees' work and was able to direct 15 them to make changes to their work or direct them to do things, without needing prior approval. 16 This happened often. My decisions, and the directions I gave, were vitally important to achieving 17 the company's objectives on this important project, because if we failed to provide the conect 18 information for the audits. Health Net would haveriskedserious consequences for not meeting 19 requirements under contractual and regulatory obligations, including Conective Action Plans, 20 fines, or losing the contracts. And there was no one "right" way tofiguringout how to do all of 21 this. When I made my decisions and recommendations, or when I directed someone to do 22 something differentiy, or to revise their work, I used my OAvn judgment; no one told me what to say 23 or how to think. I was entrusted to do so and it was my job tofigureall of that out. 24 17. I estimate that I spent well over 50% of my time as a Business Analyst 25 exercising my own judginent and discretion advising the Company on this important project and 26 managing others, with a small percentage of time on more routine tasks. I took on a lead role, 27 which ultimately led to my promotion in 2016 to Senior Business Analyst. 28 18. At all times that I was employed as a Business Analyst, 1 eamed an annual .4. 1 salary well m excess of $50,000. .2' I declare under penalty of perjury under the laws of the State of Caiifomia and these 3 United States that the foregoing is tme and correct. Executed this (U day Of May, 2018 4 in the City of Woodland Hills, Coimty of Los Angeles, Caiifomia. 5 6 7 EL ARIZMENDI 8 4127-5383-2467.1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5 TAB 4 1 TIMOTHY J. LONG (STATE BAR NO. 137591) tiloniifa;ornck.com 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) nhonona/lorrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 4 Sacramento, CA 95814-4497 Telephone: +1 916 447 9200 5 Facsimile: +1 916 329 4900 6 Attomeys for Defendant HEALTH NET OF CALIFORNIA, INC. 7 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- 11 of herself and on behalf of all persons similarly CU-OE-GDS situated. 12 Plaintiff', DECLARATION OF CATHERINE BARRANTES IN SUPPORT OF 13 v. DEFENDANT HEALTH NET OF CALIFORNIA'S MOTIONS AS TO WHY 14 HEALTH NET OF CALIFORNIA, INC., a PLAINTIFFS' CASES SHOULD NOT Caiifomia Corporation; and Does 1 through 50, PROCEED AS PAGA 15 inclusive, REPRESENTATIVE ACTIONS 16 Defendants. Date: April 11,2019 Time: 10:00 a.m. 17 Dept: 35 Judge: Hon. Alan G. Perkins 18 Complaint Filed: April 5,2017 19 TOMAS R. ARANA, on behalf of himself, all FAC Filed: June 29,2017 others similarly situated. Consolidated Complaint Filed: Dec. 21,2017 20 Plaintiff, Complaint Filed: August 1,2017 21 v. 22 HEALTH OF CALIFORNIA, INC., a 23 Caiifomia corporation; and DOES 1-50, inclusive. 24 Defendant; 25 26 27 28 1 DECLARATION OF CATHERINE BARRANTES 2 I, Catherine Banantes, declare as follows: 3 1. I am a Supervisor Intake Specialist for the Medical Management Department 4 of Health Net of Caiifomia in Woodland Hills, California. I have held this position since August 5 2017. I have personal knowledge of the facts set forth in this declaration and could and woidd 6 testify competently to them under oath if called as a witaess, 7 2. I understand that the Plaintiffs in this case are seeking to represent a class of 8 employees that may include me. I know that I may be eligible to participate as a member ofthe 9 class, if certified. I understand that the attomey who interviewed me represents Defendant Health 10 Net of Caiifomia, Inc. ("Health Net") and does not represent my personal interests. I am making 11 this statement voluntarily and without coercion. 12 3 . 1 fiirther understand and have been told there is a lawsuit between Health 13 Net and two cunent or former employees, whp seek to represent all cunent and fonner hourly or 14 non-exempt Health Net employees in CaliforniafromApril 5, 2013 through the present, as well as 15 certain exempt employees during the same time period- I further understand Health Net is 16 attempting to gather information for its defense against this lawsuit and my statement is intended 17 to assist Health Net in this regard. 18 4. When I started at Health Net in 2011,1 was hired as a Customer Service 19 Representative ("CSR") I. After some tune, I was promoted to CSR II. As of April 2013,1 had 20 been promoted to CSR m. 21 5. As a CSR III, I worked in the Health Net call center on the fifth floor in one 22 of buildings on Health Net's Woodland Hills campus. I assisted with member and provider 23 inquiries about various subjects, including benefits, claims, appeals and grievances, doctor changes 24 and authorizations - basically anything related to member benefits. For providers, the inquiries 25 were usually about appeals and billing issues, but I assisted with other questions as they arose. I 26 worked in the call center, where calls were routed to each CSR based on their areas of expertise 27 and availability. 28 6. My job duties as a CSR III were slightly different than those of a CSR I or 1 II, not only because the questions I received and answered were usually more advanced/difficult, 2 but I also, had more responsibilities in terms of training and assisting other CSRs. For example, 3 when CSR Is and lis received questions that they were unable to answer, they requested assistance 4 in-the Support Queue, where CSR Ills like me would step in to assist. This usually happened with 5 major or elevated issues that could not be resolved by the initial CSR. I also was called on for 6 special projects and follow-up calls as a CSR HI; those are things I did not do as a CSR I or II. 7 7. When I was hired as a CSR, I was trained by my supervisor on Health Net's 8 policies. The training included an explanation of how to report my time, how to clock in and out 9 from shifts, and what Health Net's meal and rest break policies were. 10 8. I understand it is Health Net's policy that hourly employees are provided 11 with an unintermpted thirty minute meal period for each shift lastingfiveor more hours, to be taken 12 before the fifth hour of work.' 13 9 . 1 also understand it is Health Net's policy that hourly employees are provided 14 with an unintermptedfifteenminute rest break for every four hours worked. Therefore, on an eight 15 hour shift, I took twofifteenminute breaks, one in the middle of the first half of my shift and one 16 in the middle of the second half of my shift. 17 10. I further understand it is Health Net's policy that all hourly employees 18 were/are required to record their own time accurately each day. I understood this as an hourly 19 employee, and I constantiy remind the hourly employees I supervise about this, now that I am a 20 supervisor. 21 11. When I was a CSR HI, I reported my time rnanually on my computer. I 22 recorded my time every day bytypingin my hours into an ordine time sheet to conespond with the 23 tune that I logged into the phone system to start working. I typed in when I began working, wheri 24 I clocked out for lunch, when I clocked back in from lunch and when I stopped working at the end 25 ofthe day. The entire process was always easy, just a few clicks and then I would type in the time. 26 I was always paid according the exact hours I reported - and I always reported my hours accurately. 27 12. As a CSR in, my shift was 9:30 am to 6:00 pm. I had an assigned break 28 schedule communicated to me by my supervisor, which let me know when to take my first rest -2- . 1 break, lunch break and second rest break. I do not recall my specific schedule, but I know the first 2 fifteen minute break was at around the two hour mark, lunch was before the fifth hour and the 3 secondfifteenminute break was halfway through the last half ofrayshift. 4 13. I never missed any of my breaks and was never discouraged from taking 5 breaks. I was never called back early from a break or had a break intenupted. 6 14. I recall a few times where I was on a customer call that lasted until my 7 scheduled break time. In those instances, i f the call was going to go longer, I would make a 8 judgment call about how much longer the call would take and how important the call was. If I was 9 close to wrapping up the customer call, I would notify my supervisor that the call was running long 10 and that I was going to take my break as soon as the call ended. If I stayed on the call a few minutes 11 into my break time, .1 willingly chose to stay on the call - even though I knew I could schedule a 12 follow-up call and take my break. I knew I was able to take my breaks and no supervisor ever told 13 me had to stay on the calls - I just chose to stay on and take my breaks after those calls when I 14 knew I would be able to finish within a few minutes. I only did this on calls that were complicated 15 with major issues or elevated calls that someone had passed to me becausetaeywere unable to 16 resolve the issue. 17 15. If I could tell the call was going to last longer than a few minutes into my 18 breaks, I would schedule a follow-up call and take my break. I never had any issue doing this, nor 19 was I ever criticized for taking action to schedule a follow-up call. Again, on the rare occasion that 20 I chose to remain on a call with a customer into a break, I willingly volunteered to stay on the calls 21 because I thought it would be the best for everyone, but I knew I did not have to do this, it was just 22 my preference. Even in these instances, I do not recall ever staying on a call that pushed my lunch 23 beyond the fifth hour of work. 24 16. It is rare that I chose to stay on a call into my break because I tried not to 25 start a new call when I knew a break was coming up. I generally always found a way to request 26 assistancefromthe follow-up response team. It was only on major or escalated issues that I would 27 choose to stay on. The system has always allowed CSRs to mark when they are unavailable for 28 new calls in order tp take breaks and we were all trained on how to use the time system. It was -3- 1 easy to click that I was unavailable so a new call would not come to my queue and I could go take 2 my break. I understand this is still the case today. 3 17. As an hourly employee, I always took my fiilL thirty minute lunch periods 4 and myfifteenminute rest breaks. I was, never instmcted by a supervisor or anyone at Health Net 5 not to take my meal or re