On June 21, 2023 a
Motion-Secondary
was filed
involving a dispute between
Frias, Norma,
and
Does 1-20,
Himnel Usa Incorporated,
for Wrongful Termination Unlimited
in the District Court of San Bernardino County.
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b ORIGINAL
Elyza P. Heraldez, Esq. (State Bar No. 293395)
HERALDEZ LAW PC F LE
I D
7349 Milliken Avenue, Ste. 1404 sup: Ion COURT OF CALFORNIA
couRNTY 0F SAN BERNARomo
Rancho Cucamonga, CA 91730
Office: (909) 942-9992
Email: Elyza.Heraldez@Heraldezlaw.com SEP 292023
Attorneys for Plaintiff,
NORMA FRIAS Y .DEPUTY
FAX
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
BY
10
11 NORMA FRIAS, CASE NO.: CIVSBZ314042
12 Plaintiff, [Assigned for all purposes to the Hon. Michael A.
Sachs, Dpt. $28]
13 vs.
DECLARATION OF ELYZA P. HERALDEZ
14 HIMNEL USA INCORPORATED, a California IN SUPPORT OF PLAINTIFF’S OPPOSITION
Corporation, HIMNEL USA INCORPORATED TO DEFENDANT’S DEMURRER TO
15 DBA ST. MARY’S MONTESSORI SCHOOL, a PLAINTIFF’S COMPLAINT
California Corporation, and DOES 1—20,
16 Inclusive, [Filed concurrently with Plaintiff Norma Frias’s
Opposition to Defendant Himnel USA
17 Defendants. Incorporated’s Demurrer; [proposed] Order on
Demurrer; Evidentiary Objection and Motion to
18 Strike Declaration of Dusty M. Knapp; and
[proposed] Order on Evidentiary Objection]
19
Hearing Date: October 10, 2023
20 Time: 8:30 a.m.
Location: Department 528
21
22 Complaint filed: June 21, 2023
Discovery Cutoff: None Set
23 Trail Date: None Set
24
25
26
27
28
1
DECLARATION OF ELYZA P. HERALDEZ IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT
V y
DECLARATION OF ELYZA P. HERALDEZ
I, Elyza Heraldcz, declare as follows:
1. I am attorney licensed to practice law in the state of California. 1 have personal knowledge
of the facts set forth herein, and if called as a witness, I could and would competently testify thereto.
2. I make this declaration in support of Norma Fn'as’s (“Plaintiff”) opposition to Defendant
Himnel USA Incorporated dba St. Mary’s Montessori School’s (“Defendant”) Demurrer to Plaintiff’s
Complaint.
3. On or about August 9, 2023, counsel for Defendant, Dusty M. Knapp, sent me an e-mail
with an attached correspondence providing authority in support of filing a demurrer to Plaintiff‘s fifih
10 cause ofaction, for violation ofthe Bane Act, and Plaintiff’s eighth cause ofaction, for Negligent Infliction
11 of Emotional Distress. A true and correct copy of the correspondence I received from opposing counsel,
12 Dusty Knapp, on or about Augus 9. 2023, is attached hereto as Exhibit “A.”
13 4. On or about August 16, 2023, I sent counsel for Defendant, Dusty Knapp and J. Jason Hill,
14 a correspondence providing authority in support of Plaintiff’s position that a demurrer as set forth in
15 Defendant’s correspondence dated August 9, 2023, was not warranted. A true and correct copy of the
16 correspondence I sent to opposing counsel, Dusty Knapp and J. Jason Hill, on or about August 16, 2023,
17 is attached hereto as Exhibit “B.”
18 5. I fimher welcomed discussion over a conference call and advised opposing counsel that I
19 was generally available most days after 2:00 p.m. As of the date of this declaration, counsel for Defendant
20 has not made any attempt to contact me or schedule a call with me.
21 ///
22 ///
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26 ///
27
28
2
DECLARATION OF ELYZA P. HERALDEZ IN SUPPORT OF PLAINTIFF’S OPPOSITION TO
DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT
Document Filed Date
September 29, 2023
Case Filing Date
June 21, 2023
Category
Wrongful Termination Unlimited
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b ORIGINAL Elyza P. Heraldez, Esq. (State Bar No. 293395) HERALDEZ LAW PC F LE I D 7349 Milliken Avenue, Ste. 1404 sup: Ion COURT OF CALFORNIA couRNTY 0F SAN BERNARomo Rancho Cucamonga, CA 91730 Office: (909) 942-9992 Email: Elyza.Heraldez@Heraldezlaw.com SEP 292023 Attorneys for Plaintiff, NORMA FRIAS Y .DEPUTY FAX SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO BY 10 11 NORMA FRIAS, CASE NO.: CIVSBZ314042 12 Plaintiff, [Assigned for all purposes to the Hon. Michael A. Sachs, Dpt. $28] 13 vs. DECLARATION OF ELYZA P. HERALDEZ 14 HIMNEL USA INCORPORATED, a California IN SUPPORT OF PLAINTIFF’S OPPOSITION Corporation, HIMNEL USA INCORPORATED TO DEFENDANT’S DEMURRER TO 15 DBA ST. MARY’S MONTESSORI SCHOOL, a PLAINTIFF’S COMPLAINT California Corporation, and DOES 1—20, 16 Inclusive, [Filed concurrently with Plaintiff Norma Frias’s Opposition to Defendant Himnel USA 17 Defendants. Incorporated’s Demurrer; [proposed] Order on Demurrer; Evidentiary Objection and Motion to 18 Strike Declaration of Dusty M. Knapp; and [proposed] Order on Evidentiary Objection] 19 Hearing Date: October 10, 2023 20 Time: 8:30 a.m. Location: Department 528 21 22 Complaint filed: June 21, 2023 Discovery Cutoff: None Set 23 Trail Date: None Set 24 25 26 27 28 1 DECLARATION OF ELYZA P. HERALDEZ IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT V y DECLARATION OF ELYZA P. HERALDEZ I, Elyza Heraldcz, declare as follows: 1. I am attorney licensed to practice law in the state of California. 1 have personal knowledge of the facts set forth herein, and if called as a witness, I could and would competently testify thereto. 2. I make this declaration in support of Norma Fn'as’s (“Plaintiff”) opposition to Defendant Himnel USA Incorporated dba St. Mary’s Montessori School’s (“Defendant”) Demurrer to Plaintiff’s Complaint. 3. On or about August 9, 2023, counsel for Defendant, Dusty M. Knapp, sent me an e-mail with an attached correspondence providing authority in support of filing a demurrer to Plaintiff‘s fifih 10 cause ofaction, for violation ofthe Bane Act, and Plaintiff’s eighth cause ofaction, for Negligent Infliction 11 of Emotional Distress. A true and correct copy of the correspondence I received from opposing counsel, 12 Dusty Knapp, on or about Augus 9. 2023, is attached hereto as Exhibit “A.” 13 4. On or about August 16, 2023, I sent counsel for Defendant, Dusty Knapp and J. Jason Hill, 14 a correspondence providing authority in support of Plaintiff’s position that a demurrer as set forth in 15 Defendant’s correspondence dated August 9, 2023, was not warranted. A true and correct copy of the 16 correspondence I sent to opposing counsel, Dusty Knapp and J. Jason Hill, on or about August 16, 2023, 17 is attached hereto as Exhibit “B.” 18 5. I fimher welcomed discussion over a conference call and advised opposing counsel that I 19 was generally available most days after 2:00 p.m. As of the date of this declaration, counsel for Defendant 20 has not made any attempt to contact me or schedule a call with me. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 2 DECLARATION OF ELYZA P. HERALDEZ IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT