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DocuSign Envelope ID: 186E7C12-1AB6-4C4E-B044-10D94.3B2aC48
FlL ED/ENDORSED
1 Shaun Setareh (SBN 204514)
shaun@setarehlaw.com MAR 1 5 2019
2 Thomas Segal (SBN 222791)
thomas@setarehlaw .com By:. K, Fav
3 SETAREH LAW GROUP Depi'ty Cierif
9454 Wilshire Boulevard, Suite 907
4 Beverly Hills, CaUfomia 90212
Telephone: (310)888-7771
5 Facsimile: (310)888-0109
6 Attomeys for Plamtiff TOMAS R. ARANA
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SACRAMENTO
10 UNLIMITED JURISDICTION
11
ANDREA SPEARS, an individual, on behalf of Consol. No. 34-2017-00210560-CU-OE-GDS
herself and on behalf of all persons similarly
13 simated. Assigned For All Purposes to the Honorable
Alan G. Perkins, Departinent 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 REPLY IN
17 inclusive. SUPPORT OF 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,
BY FAX
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vs.
23 HEALTH NET OF CALIFORNLA, INC., a
Califomia corporation; and DOES 1 through 50,
24 inclusive.
25 Defendants.
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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
DociJ.Sign Envelope ID: 186E7C12-1AB6-4C.4E-E044-10D943B28C48
1 DECLARATION OF TOMAS R. ARANA
2 I, Tomas R. Arana, declare as follows:
3 1. I 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 tme and correct, and if called as a witoess, I
5 would testify competently to them.
6 2. 1 understand that in opposing class certification Health Net has asserted that I did not
7 answer customer phone calls during the class period in this action.
8 3. From late 2010 until approximately January 2015 1 was assigned to a project where my
9 work did not involve answering phone calls.
10 4. From approximately January 2015 until approximately November 2015 I was
11 reassigned to the customer service position where I answered customer phone calls.
12 I declare under penalty of perjury, under the laws of the State of Califomia and the United
13 States, that the foregoing is tme and correct
3/9/2019
14 Executed on at Sacramento, Califomia.
-DocuSfgned by:
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16 -969480eiFDBD472...
TOMAS R. ARANA, "Declarant'
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Consol. No. 34-20I7-002I0560-CU-GE-GDS Page 2 Spears v. Health Net of California. Inc.
DECLARATION OF TOMAS R. ARANA EN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
1 PROOF OF SERVICE
2
I am a citizen of the United States and am employed in the County of Los Angeles, State
3 of Califomia. 1 am over the age of 18 and not a party to the within action. My business address
is 315 South Beveriy Drive, Suite 315 Beveriy Hills, CA 90212.
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On March 15, 2019,1 served the foregoing documents described as:
6 DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S REPLY IN
SUPPORT OF CLASS CERTIFICATION
7
in this action by transmitting a tme copy thereof enclosed in a sealed envelope addressed as
8 follows:
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Stephanie Gail Lee Esq. Norma B. Blumenthal, Esq.
10 Orrick, Herrington & Sutcliffe LLP Victoria B. Rivapalacio
777 Figueroa St Suite 3200 Blumenthal, Nordrehaug, & Bhowmik
11 Los Angeles, CA 90017 2255 Calle Clara
12
Email: stephanie.lee@or05rick.com La Jolla, CA 92037
Email: tjlong@orrick.com Email: victoria@bamlawca.com
13 COUNSEL FOR DEFENDANT HEALTH Email: nonn@bamlaca.com
NET, INC. COUNSEL FOR PLAINTIFF ANDREA
14 SPEARS.
15
Timothy J. Long Esq.
Nicholas J. Horton, Esq.
16 Orrick, Herrington & Sutcliffe LLP
400 Capital MaU, Suite 3000
17 Sacramento, CA 95814
18
Email: tjlong@orrick.com
COUNSEL FOR DEFENDANT HEALTH
19 NET, INC.
20
[X] BY MAIL
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I am readily familiar with the practice of Setareh Law Group for the collection and
22 processing of correspondence for mailing with the United States Postal Service. It is the
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, Califomia. 1 am
24
aware that on motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in affidavit.
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[X] STATE
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I declare under penalty of perjury under the laws of the State of Califomia that the above
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is tme and correct.
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PROOF OF SERVICE
Executed on March 15, 2019, at Beverly Hills, Califomia.
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PROOF OF SERVICE
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DocuSign Envelope ID: 186E7C12-1AB6-4C4E-B044-10D94.3B2aC48 FlL ED/ENDORSED 1 Shaun Setareh (SBN 204514) shaun@setarehlaw.com MAR 1 5 2019 2 Thomas Segal (SBN 222791) thomas@setarehlaw .com By:. K, Fav 3 SETAREH LAW GROUP Depi'ty Cierif 9454 Wilshire Boulevard, Suite 907 4 Beverly Hills, CaUfomia 90212 Telephone: (310)888-7771 5 Facsimile: (310)888-0109 6 Attomeys for Plamtiff TOMAS R. ARANA 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SACRAMENTO 10 UNLIMITED JURISDICTION 11 ANDREA SPEARS, an individual, on behalf of Consol. No. 34-2017-00210560-CU-OE-GDS herself and on behalf of all persons similarly 13 simated. Assigned For All Purposes to the Honorable Alan G. Perkins, Departinent 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 REPLY IN 17 inclusive. SUPPORT OF 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, BY FAX 22 vs. 23 HEALTH NET OF CALIFORNLA, 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 DociJ.Sign Envelope ID: 186E7C12-1AB6-4C.4E-E044-10D943B28C48 1 DECLARATION OF TOMAS R. ARANA 2 I, Tomas R. Arana, declare as follows: 3 1. I 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 tme and correct, and if called as a witoess, I 5 would testify competently to them. 6 2. 1 understand that in opposing class certification Health Net has asserted that I did not 7 answer customer phone calls during the class period in this action. 8 3. From late 2010 until approximately January 2015 1 was assigned to a project where my 9 work did not involve answering phone calls. 10 4. From approximately January 2015 until approximately November 2015 I was 11 reassigned to the customer service position where I answered customer phone calls. 12 I declare under penalty of perjury, under the laws of the State of Califomia and the United 13 States, that the foregoing is tme and correct 3/9/2019 14 Executed on at Sacramento, Califomia. -DocuSfgned by: 15 16 -969480eiFDBD472... TOMAS R. ARANA, "Declarant' 17 18 19 20 21 22 23 24 25 26 27 28 Consol. No. 34-20I7-002I0560-CU-GE-GDS Page 2 Spears v. Health Net of California. Inc. DECLARATION OF TOMAS R. ARANA EN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION 1 PROOF OF SERVICE 2 I am a citizen of the United States and am employed in the County of Los Angeles, State 3 of Califomia. 1 am over the age of 18 and not a party to the within action. My business address is 315 South Beveriy Drive, Suite 315 Beveriy Hills, CA 90212. 4 5 On March 15, 2019,1 served the foregoing documents described as: 6 DECLARATION OF TOMAS R. ARANA IN SUPPORT OF PLAINTIFF'S REPLY IN SUPPORT OF CLASS CERTIFICATION 7 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. 10 Orrick, Herrington & Sutcliffe LLP Victoria B. Rivapalacio 777 Figueroa St Suite 3200 Blumenthal, Nordrehaug, & Bhowmik 11 Los Angeles, CA 90017 2255 Calle Clara 12 Email: stephanie.lee@or05rick.com La Jolla, CA 92037 Email: tjlong@orrick.com Email: victoria@bamlawca.com 13 COUNSEL FOR DEFENDANT HEALTH Email: nonn@bamlaca.com NET, INC. COUNSEL FOR PLAINTIFF ANDREA 14 SPEARS. 15 Timothy J. Long Esq. Nicholas J. Horton, Esq. 16 Orrick, Herrington & Sutcliffe LLP 400 Capital MaU, Suite 3000 17 Sacramento, CA 95814 18 Email: tjlong@orrick.com COUNSEL FOR DEFENDANT HEALTH 19 NET, INC. 20 [X] BY MAIL 21 I am readily familiar with the practice of Setareh Law Group for the collection and 22 processing of correspondence for mailing with the United States Postal Service. It is the 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, Califomia. 1 am 24 aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 25 [X] STATE 26 I declare under penalty of perjury under the laws of the State of Califomia that the above 27 is tme and correct. 28 1 PROOF OF SERVICE Executed on March 15, 2019, at Beverly Hills, Califomia. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE