Preview
comm 0F 3m
sm asamnomo CML omsson
Douglas M. Wade, SBN 183107 AUG 24 2023
I. Jason 179630
Hill, SBN
Dusty M. Knapp, SBN 349307
CALIFORNIA BUSINESS LAWYER 8: CORPORA
3‘ G'J- V‘w‘
500 N. State College Blvd, suite 1100 --
Orange, California 92868
Telephone: (800) 484—4610
VO‘UI&WN
Fax: (714) 400-9033
Email: doug@ca-businesslawyer.com; jhill@ca-businesslawyer.com
dknapp@ca-businesslawyer.com
Attorneys for: Defendant Himnel USA Incorporated
x
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10 NORMA FRIAS,
Case No. CIV832314042
11
Plaintiff, UNLIMITED JURISDICTION
12
Assigned for all purposes to the
l3 VS~
Hon. Michael A. Sachs
l4
HIMNEL USA INCORPORATED, a Dept 528 - SBJC
15 California Cor oration, HIMNEL USA
INCORPORA ED DBA ST. MARY’S DECLARATION OF DUSTY M.
16 MONTESSORI SCHOOL, a California KNAPP, ESQ. IN SUPPORT OF
Corporation, and DOES 1-20, Inclusive, DEMURRER
I7
VVVVVVVVVVVVVVVVVVVVVVVVVVV
18
FILED CONCURRENTLY WITH
Defendants. NOTICE OF DEMURRER AND
l9
DEMURRER; MEMORANDUM OF
POINTS AND AUTHORITIES
20
21 Hearing Date: October 10, 2023
Time: 8:30 am.
22 Dept. SZS-SBIC
23
Action Filed: June 21, 2023
24
Trial Date: Not Yet Assigned
25
26 ' '
I, Dusty M. Knapp, hereby declare as follows: ”\y 1
F
27
1. I am an attorney licensed t0 practice law in all courts in the state of California
28
and an attorney in the law firm of California Business Lawyer & Corporate Lawyer, Inc.,
1
DECLARATION OF DUSTY M. KNAPI’, ESQ. IN SUPPORT OF DEMURRER
HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIV582314042
attorneys 0f record for Defendant Himne] USA Incorporated and Himnel USA
Incorporated DBA St. Mary’s Montessori Schools (”Himne] USA”). make the following I
AWN statements based on personal knowledge that they are true and correct and I would and
could competently testify thereto under oath if called to do so in Court.
2. On or about February 27, 2023, Defendant Himnel USA held a meeting of the
“OLA
staff, which was attended by Plaintiff Norma Frias, and the Plaintiffs in two other related
matters, Veronica Hernandez v. Himnel USA Incorporated dba St. Mary’s Montessori School,
San Bernardino Superior Court Case N0. CIVSBZBI4471, and Yesenia Robles v. Himm’l
USA Incorporate dba St. Mary’s Montessori School, San Bemardino Superior Court Case
10 N0. CIVSB2314929.
ll 3. Plaintiffs Norma Frias, Yesenia Robles, and Veronica Hernandez each claim
12 that they were wrongfully terminated by their then employer Defendant Himnel USA
l3 as a result of their walking out of a mandatory staff meeting where state mandated
l4 training was provided.
15 4. As these cases share substantial facts, the Complaints in each action are nearly
16 identical, and share the same Defendant, Notices of Related Cases will be timely filed in
l7 each matter.
l8 5. Pursuant to stipulation of counsel, the first responsive deadline was continued
l9 to until, August 21, 2023. See Exhibit “A” hereto, a true and correct copy of ]. Jason Hill,
20 Esq. of this office’s August 2, 2023 email with Mrs. Elyza Heraldez, counsel for Plaintiff,
21 extending the first responsive date.
22 6. On August 9, 2023, I sent a letter to Mrs. Heraldez via email raising Plaintiff
23 Frias’ failure to adequately plead all necessary elements of her Fifth (5“) Cause of Action
24 for Violation 0f the Bane Act, Civil Code § 52.1. See Complaint page 12, line 12 t0 page
25 15, line 7. Specifically, Plaintiff Frias failed to plead that Himnel USA had made a threat
26 0f violence or acted violently should Plaintiff Frias exercise a civil right. See also Exhibit
27 “B", page 1 to 2, ‘fl‘fl 2 to 5, a true and correct copy of my August 9, 2023 letter. In this
28 same correspondence, I raised Plaintiff Frias’ failure to adequately plead all necessary
2
DECLARATION OF DUSTY M. KNAPP, ESQ. IN SUPPORT OF DEMURRER
HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIVSBZ314042
Preview
comm 0F 3m sm asamnomo CML omsson Douglas M. Wade, SBN 183107 AUG 24 2023 I. Jason 179630 Hill, SBN Dusty M. Knapp, SBN 349307 CALIFORNIA BUSINESS LAWYER 8: CORPORA 3‘ G'J- V‘w‘ 500 N. State College Blvd, suite 1100 -- Orange, California 92868 Telephone: (800) 484—4610 VO‘UI&WN Fax: (714) 400-9033 Email: doug@ca-businesslawyer.com; jhill@ca-businesslawyer.com dknapp@ca-businesslawyer.com Attorneys for: Defendant Himnel USA Incorporated x SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 NORMA FRIAS, Case No. CIV832314042 11 Plaintiff, UNLIMITED JURISDICTION 12 Assigned for all purposes to the l3 VS~ Hon. Michael A. Sachs l4 HIMNEL USA INCORPORATED, a Dept 528 - SBJC 15 California Cor oration, HIMNEL USA INCORPORA ED DBA ST. MARY’S DECLARATION OF DUSTY M. 16 MONTESSORI SCHOOL, a California KNAPP, ESQ. IN SUPPORT OF Corporation, and DOES 1-20, Inclusive, DEMURRER I7 VVVVVVVVVVVVVVVVVVVVVVVVVVV 18 FILED CONCURRENTLY WITH Defendants. NOTICE OF DEMURRER AND l9 DEMURRER; MEMORANDUM OF POINTS AND AUTHORITIES 20 21 Hearing Date: October 10, 2023 Time: 8:30 am. 22 Dept. SZS-SBIC 23 Action Filed: June 21, 2023 24 Trial Date: Not Yet Assigned 25 26 ' ' I, Dusty M. Knapp, hereby declare as follows: ”\y 1 F 27 1. I am an attorney licensed t0 practice law in all courts in the state of California 28 and an attorney in the law firm of California Business Lawyer & Corporate Lawyer, Inc., 1 DECLARATION OF DUSTY M. KNAPI’, ESQ. IN SUPPORT OF DEMURRER HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIV582314042 attorneys 0f record for Defendant Himne] USA Incorporated and Himnel USA Incorporated DBA St. Mary’s Montessori Schools (”Himne] USA”). make the following I AWN statements based on personal knowledge that they are true and correct and I would and could competently testify thereto under oath if called to do so in Court. 2. On or about February 27, 2023, Defendant Himnel USA held a meeting of the “OLA staff, which was attended by Plaintiff Norma Frias, and the Plaintiffs in two other related matters, Veronica Hernandez v. Himnel USA Incorporated dba St. Mary’s Montessori School, San Bernardino Superior Court Case N0. CIVSBZBI4471, and Yesenia Robles v. Himm’l USA Incorporate dba St. Mary’s Montessori School, San Bemardino Superior Court Case 10 N0. CIVSB2314929. ll 3. Plaintiffs Norma Frias, Yesenia Robles, and Veronica Hernandez each claim 12 that they were wrongfully terminated by their then employer Defendant Himnel USA l3 as a result of their walking out of a mandatory staff meeting where state mandated l4 training was provided. 15 4. As these cases share substantial facts, the Complaints in each action are nearly 16 identical, and share the same Defendant, Notices of Related Cases will be timely filed in l7 each matter. l8 5. Pursuant to stipulation of counsel, the first responsive deadline was continued l9 to until, August 21, 2023. See Exhibit “A” hereto, a true and correct copy of ]. Jason Hill, 20 Esq. of this office’s August 2, 2023 email with Mrs. Elyza Heraldez, counsel for Plaintiff, 21 extending the first responsive date. 22 6. On August 9, 2023, I sent a letter to Mrs. Heraldez via email raising Plaintiff 23 Frias’ failure to adequately plead all necessary elements of her Fifth (5“) Cause of Action 24 for Violation 0f the Bane Act, Civil Code § 52.1. See Complaint page 12, line 12 t0 page 25 15, line 7. Specifically, Plaintiff Frias failed to plead that Himnel USA had made a threat 26 0f violence or acted violently should Plaintiff Frias exercise a civil right. See also Exhibit 27 “B", page 1 to 2, ‘fl‘fl 2 to 5, a true and correct copy of my August 9, 2023 letter. In this 28 same correspondence, I raised Plaintiff Frias’ failure to adequately plead all necessary 2 DECLARATION OF DUSTY M. KNAPP, ESQ. IN SUPPORT OF DEMURRER HIMNEL USA INCORPORATED ADV. NORMA FRIAS; CASE NO. CIVSBZ314042