Preview
DoCuSign Envelope ID: 5FBC4C4F-B6B1-4 844-083C3433E575
1 Shaun Setareh (SBN 204514)
shaun@setarehlaw.com
2 H. Scott Leviant (SBN 200834)
scott@setarehlaw.com
FILED/ENDORSED
3 SETAREH LAW GROUP
315 South Beverly Drive, Suite 315 DEC 2 1 2018
4 Beverly Hills, Califomia 90212
Telephone: (31,0)888-7771 By.. _R siinoN
5 Facsimile: (310)888-0109 Deputy Cl6r<
6 Attorneys for PlaintiflFTOMAS R. ARANA
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SACRAMENTO
10 UNLIMITED JURISDICTION
11
12 ANDREA SPEARS, an individual, on behalf of Consol. No. 34-2017-00210560-CU-OE-GDS
herself and on behalf of all persons similarly
13 situated. Assigned For All Purposestothe Honorable
Alan G. Perkins, Department 35
14 Plaintiff,
CLASS ACTION
15 vs.
16 HEALTH NET OF CALIFORNIA, INC., a DECLARATION OF TOMAS R. ARANA
Califomia corporation; and DOES 1 through 50, IN SUPPORT OF PLAINTIFF'S MOTION
17 inclusive. FOR CLASS CERTIFICATION
18 Defendants.
Date: April 11,2019 at 10:00 a.m
19 Time: 10:00 a.m.
TOMAS R. ARANA, on behalf of himself, all Courtroom: Department 35
20 others similarly situated,
21 'plaintiff.
22 vs.
23 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1 through 50,
24 inclusive.
25 Defendants.
26
27
28
Consol. No. 34-2017-00210560-CU-OE-GDS Page 1 Spears v. Health Net of California, Inc.
DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
DocuSign Envelope ID: 5FBC4C4F-B6B1-4 844-083C3433E575
1 DECLARATION OF TOMAS R. ARANA
2 1, Tomas R. Arana, declare as follows:
3 1. 1 am one of the named plaintiffs in this matter. I have personal knowledge of the facts
4 set forth in this declaration, which are known by me to be true and correct, and if called as a witness, 1
5 would testify competentlytothem.
6 2. I seek to be certified by this Court as a representative of the class that I ask this Court to
7 certify, and any sub-class that the Court, in the exercise of its discretion, certifies for management of the
8 claims and issues in this matter.
9 3. 1 was employed by Health Net of California, Inc. ("HNCA"), as an hourly employee on
10 or about February 25,2008. My jobtitlewas Bilingual Customer Service Representative 1.
11 4. - Sometime on or about August 1,2009,1 was promoted to Customer Service Rep 11
12 Ops, but was still an houriy employee.
13 5. On or about March 7,2015,1 was promoted to Customer Service Rep III - Ops, but
14 was still an hourly employee.
15 6. Then, on November 16,2015,1 was promoted to the position of Contact Center Analyst
16 and was no longer an hourly, non-exempt employee.
17 7. At the start of each day, and prior to clocking in for my shift, I am required tofirstboot
18 up my computer. Once the computer is booted up, I would then log into Windows. Once logged in, 1
19 would then log into other programs such as CareMark, CSl and Marks. After logging into these
20 programs, I wouldfinallylog into a program called Convergence, which is the program that is used by
21 the call center employees for making and receiving customer calls. This can take anywhere from ten to
22 twenty minutes.
23 8. On many occasions, I have taken customer calls that ran past my scheduled shift end
24 times.
25 9. I believe that 1 was not paid for all of thetimethat I worked at HNCA.
26 10. As a result of my concems about wage payment practices by HNCA, 1 retained the law
27 firm of Setareh Law Group to commence litigation on my behalf
28 11. I understand that, as a representative of the members of the classes in this action, 1 have
Consol. No. 34-2017-00210560-CU-OE-GDS Page 2 Spears v. Health Net of California, Im;.
DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION
DocuSign Envelope ID: 5FBC4C4F-B6B1- 3844-083C3433E575
1 afiduciaryobligation to act at ail times in the best interests of the members of the classes. I also
2 understand that, as a representative of the members of the classes, 1 have agreed to prosecute this case
3 to its conclusion, no matter how long that may take. 1 agree to accept those responsibilities and will
4 perfonn them to the best of my ability.
5 12. 1 have not been promised, and do not expect to receive, any compensation for acting as
6 a representative of the classes other than my proportionate share of any recovery obtained for the
7 benefit of the members of the classes in this action.
8 13. 1 am aware of no unique legal and/or factual issues which must be litigated on my
9 behalf with respect to the claims for which certification is sought in this action.
10 14. To my knowledge, there are no conflicts which exist between my interests in this action
11 and the interests of the other members of the classes which would impair my ability to serve as the
12 representative of the members of the classes in this action.
13 I declare under penalty of perjury, under the laws of the State of Califomia and the United
14 States, that the foregoing is true and correct.
15 1 declare under penalty of peijury, under the laws of the State of Califomia and the United States,
16 that the foregoing is tme and correct.
17 Executed this 21 st day of December 2018, at Sacramento, Califomia.
18
19
^DocuSt^nd by:
20
TOMAS ;Aw2EDeclarant"
21
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Consol. No. 34-2017-00210560-CU-OE-GDS Page 3 Spears v. Health Net of California, Inc.
DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
PROOF OF SERVICE
I am a citizen of the United States and am employed in the County of Los Angeles, State
of Califomia. I am over the age of 18 and not a party to the within action. My business address
is 315 Soutii Beveriy Drive, Suite 315 Beverly Hills, CA 90212.
5
On December 21,2018,1 served the foregoing docurnents described as:
V
6 DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S MOTION
7
FOR CLASS CERTinCATION
in this action by transmitting a tme copy thereof enclosed in a sealed envelope addressed as
8 follows:
9 Stephanie Gail Lee Esq. Norma B. Blumenthal, Esq.
Orrick, Herrington & Sutcliffe LLP Victoria B. Rivapalacio
10
777 Figueroa St Suite 3200 Blumenthal, Nordrehaug, & Bhowmik
11 Los Angeles, CA 90017 2255 Calle Clara
Email: stephanie.lee@or05rick.com La Jolla,CA 92037
12 Email: tjlong@orrick.com Email: victoria@bamlawca.com
COUNSEL FOR DEFENDANT HEALTH Email: norm@bamlaca.com
13
NET, INC. COUNSEL FOR PLAINTIFF ANDREA
14 SPEARS.
Timothy J. Long Esq.
15 Nicholas J. Horton, Esq.
Orrick, Herrington & Sutcliffe LLP
16
400 Capital Mall, Suite 3000
17 Sacramento, CA 95814
Email: tjIong@orrick.com
18 COUNSEL FOR DEFENDANT HEALTH
19
NET, INC.
20 [Xl BY MAIL
21 I am readily familiar with the practice of Setareh Law Group for the collection and
processing of correspondence for mailing with the United States Postal Service. It is the
22
practice that correspondence is deposited with United States Postal Service the same day it is
23 submitted for mailing with postage thereon fully prepaid at Beverly Hills, California. I am
aware that on motion of the party served, service is presumed invalid if postal cancellation date
24 or postage meter date is more than one day after date of deposit for mailing in affidavit.
25
[X] STATE
26
I declare under penalty of perjtiry under the laws ofthe State of Califomia that the above
27 is tme and correct.
28
PROOF OF SERVICE
1 Executed on December 21, 2018, at Beverly Hills, Califomia.
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PROOF OF SERVICE
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DoCuSign Envelope ID: 5FBC4C4F-B6B1-4 844-083C3433E575 1 Shaun Setareh (SBN 204514) shaun@setarehlaw.com 2 H. Scott Leviant (SBN 200834) scott@setarehlaw.com FILED/ENDORSED 3 SETAREH LAW GROUP 315 South Beverly Drive, Suite 315 DEC 2 1 2018 4 Beverly Hills, Califomia 90212 Telephone: (31,0)888-7771 By.. _R siinoN 5 Facsimile: (310)888-0109 Deputy Cl6r< 6 Attorneys for PlaintiflFTOMAS R. ARANA 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SACRAMENTO 10 UNLIMITED JURISDICTION 11 12 ANDREA SPEARS, an individual, on behalf of Consol. No. 34-2017-00210560-CU-OE-GDS herself and on behalf of all persons similarly 13 situated. Assigned For All Purposestothe Honorable Alan G. Perkins, Department 35 14 Plaintiff, CLASS ACTION 15 vs. 16 HEALTH NET OF CALIFORNIA, INC., a DECLARATION OF TOMAS R. ARANA Califomia corporation; and DOES 1 through 50, IN SUPPORT OF PLAINTIFF'S MOTION 17 inclusive. FOR CLASS CERTIFICATION 18 Defendants. Date: April 11,2019 at 10:00 a.m 19 Time: 10:00 a.m. TOMAS R. ARANA, on behalf of himself, all Courtroom: Department 35 20 others similarly situated, 21 'plaintiff. 22 vs. 23 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1 through 50, 24 inclusive. 25 Defendants. 26 27 28 Consol. No. 34-2017-00210560-CU-OE-GDS Page 1 Spears v. Health Net of California, Inc. DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION DocuSign Envelope ID: 5FBC4C4F-B6B1-4 844-083C3433E575 1 DECLARATION OF TOMAS R. ARANA 2 1, Tomas R. Arana, declare as follows: 3 1. 1 am one of the named plaintiffs in this matter. I have personal knowledge of the facts 4 set forth in this declaration, which are known by me to be true and correct, and if called as a witness, 1 5 would testify competentlytothem. 6 2. I seek to be certified by this Court as a representative of the class that I ask this Court to 7 certify, and any sub-class that the Court, in the exercise of its discretion, certifies for management of the 8 claims and issues in this matter. 9 3. 1 was employed by Health Net of California, Inc. ("HNCA"), as an hourly employee on 10 or about February 25,2008. My jobtitlewas Bilingual Customer Service Representative 1. 11 4. - Sometime on or about August 1,2009,1 was promoted to Customer Service Rep 11 12 Ops, but was still an houriy employee. 13 5. On or about March 7,2015,1 was promoted to Customer Service Rep III - Ops, but 14 was still an hourly employee. 15 6. Then, on November 16,2015,1 was promoted to the position of Contact Center Analyst 16 and was no longer an hourly, non-exempt employee. 17 7. At the start of each day, and prior to clocking in for my shift, I am required tofirstboot 18 up my computer. Once the computer is booted up, I would then log into Windows. Once logged in, 1 19 would then log into other programs such as CareMark, CSl and Marks. After logging into these 20 programs, I wouldfinallylog into a program called Convergence, which is the program that is used by 21 the call center employees for making and receiving customer calls. This can take anywhere from ten to 22 twenty minutes. 23 8. On many occasions, I have taken customer calls that ran past my scheduled shift end 24 times. 25 9. I believe that 1 was not paid for all of thetimethat I worked at HNCA. 26 10. As a result of my concems about wage payment practices by HNCA, 1 retained the law 27 firm of Setareh Law Group to commence litigation on my behalf 28 11. I understand that, as a representative of the members of the classes in this action, 1 have Consol. No. 34-2017-00210560-CU-OE-GDS Page 2 Spears v. Health Net of California, Im;. DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION DocuSign Envelope ID: 5FBC4C4F-B6B1- 3844-083C3433E575 1 afiduciaryobligation to act at ail times in the best interests of the members of the classes. I also 2 understand that, as a representative of the members of the classes, 1 have agreed to prosecute this case 3 to its conclusion, no matter how long that may take. 1 agree to accept those responsibilities and will 4 perfonn them to the best of my ability. 5 12. 1 have not been promised, and do not expect to receive, any compensation for acting as 6 a representative of the classes other than my proportionate share of any recovery obtained for the 7 benefit of the members of the classes in this action. 8 13. 1 am aware of no unique legal and/or factual issues which must be litigated on my 9 behalf with respect to the claims for which certification is sought in this action. 10 14. To my knowledge, there are no conflicts which exist between my interests in this action 11 and the interests of the other members of the classes which would impair my ability to serve as the 12 representative of the members of the classes in this action. 13 I declare under penalty of perjury, under the laws of the State of Califomia and the United 14 States, that the foregoing is true and correct. 15 1 declare under penalty of peijury, under the laws of the State of Califomia and the United States, 16 that the foregoing is tme and correct. 17 Executed this 21 st day of December 2018, at Sacramento, Califomia. 18 19 ^DocuSt^nd by: 20 TOMAS ;Aw2EDeclarant" 21 22 23 24 25 26 27 28 Consol. No. 34-2017-00210560-CU-OE-GDS Page 3 Spears v. Health Net of California, Inc. DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION PROOF OF SERVICE I am a citizen of the United States and am employed in the County of Los Angeles, State of Califomia. I am over the age of 18 and not a party to the within action. My business address is 315 Soutii Beveriy Drive, Suite 315 Beverly Hills, CA 90212. 5 On December 21,2018,1 served the foregoing docurnents described as: V 6 DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S MOTION 7 FOR CLASS CERTinCATION in this action by transmitting a tme copy thereof enclosed in a sealed envelope addressed as 8 follows: 9 Stephanie Gail Lee Esq. Norma B. Blumenthal, Esq. Orrick, Herrington & Sutcliffe LLP Victoria B. Rivapalacio 10 777 Figueroa St Suite 3200 Blumenthal, Nordrehaug, & Bhowmik 11 Los Angeles, CA 90017 2255 Calle Clara Email: stephanie.lee@or05rick.com La Jolla,CA 92037 12 Email: tjlong@orrick.com Email: victoria@bamlawca.com COUNSEL FOR DEFENDANT HEALTH Email: norm@bamlaca.com 13 NET, INC. COUNSEL FOR PLAINTIFF ANDREA 14 SPEARS. Timothy J. Long Esq. 15 Nicholas J. Horton, Esq. Orrick, Herrington & Sutcliffe LLP 16 400 Capital Mall, Suite 3000 17 Sacramento, CA 95814 Email: tjIong@orrick.com 18 COUNSEL FOR DEFENDANT HEALTH 19 NET, INC. 20 [Xl BY MAIL 21 I am readily familiar with the practice of Setareh Law Group for the collection and processing of correspondence for mailing with the United States Postal Service. It is the 22 practice that correspondence is deposited with United States Postal Service the same day it is 23 submitted for mailing with postage thereon fully prepaid at Beverly Hills, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date 24 or postage meter date is more than one day after date of deposit for mailing in affidavit. 25 [X] STATE 26 I declare under penalty of perjtiry under the laws ofthe State of Califomia that the above 27 is tme and correct. 28 PROOF OF SERVICE 1 Executed on December 21, 2018, at Beverly Hills, Califomia. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE