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TIMOTHY J. LONG (STATE BAR NO. 137591)
2 tjlong@orrick.com •CFILEDI>
NICHOLAS J. HORTON (STATE BAR NO. 289417)
3 nhorton@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
4 400 Capitol Mail, Suite 3000 DEC 2 1 2018. •
Sacramento, CA 95814-4497
5. Telephone: +1 916 447 8299 By. T. Elder
Facsimile: +1 916 329 4900 Deputy Clerk
6
Attomeys for Defendant
7 HEALTH NET OF CALIFORNIA, INC.
8
SUPERIOR COURT OF THE STATE OF CALIFORNL\
9
COUNTY OF SACRAMENTO
10
11 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
of herself and on behalf of all persons siiriilarly CU-OE-GDS
12 situated, .
Plaintiff, PROOF OF SERVICE
13
V. Date: April 11,2019
14 Time: 10:00 a.m.
HEALTH NET OF CALIFORNIA, INC:, a Dept: 35
15 California Corporation; and Does 1 through 50, Judge: Hon. Alan G. Perkins
inclusive.
16 Complaint Filed: April 5,2017
Defendants. FAC Filed: June 29,2017
17
18 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017
Consolidated Complaint Filed: Dec. 21,2017
19 others similarly situated.
20 Plaintiff,
V.
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22 HEALTH OF CALIFORNLA, INC., a
Califomia corporation; and DOES 1-50,
23 inclusive,
Defendant.
CO 24
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GC 28
0 PROOF OF SERVICE
PROOF OF SERVICE
.2 I am more than eighteen years; old and not a party to this action. My business address is
3 Orrick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000, Sacramento, Califomia
4 95814.
5 On December 21,2018,1 caused to be served the following document(s):
6
NOTICE OF MOTION AND MOTION AS TO WHY ARANA'S CASE SHOULD NOT
7 PROCEED AS A PAGA REPRESENTATTVE ACTION
8 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION AS
TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA
9 REPRESENTATTVE ACTION
DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY
10 ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE
ACTION
II
NOTICE OF LODGING CONDITIONALLY UNDER SEAL - EXHIBITS TO
12 DECLARATION OF DLANE RODES IN SUPPORT OF MOTION AS TO WHY
ARANA'S CASE SHOULD NOT PROCEED AS PAGA REPRESENTATIVE
13 ACTIONS
DECLARATION OF TIMOTHY J . LONG IN SUPPORT OF MOTION AS TO WHY
14 ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE
ACTION
15
DECLARATION OF JULIET GRIMSON IN SUPPORT OF MOTION AS TO WHY
16 ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE
ACTION
17 SUMMARY OF EVIDENCE IN SUPPORT OF MOTION AS TO WHY ARANA'S
CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION
18
NOTICE OF MOTION AND MOTION AS TO WHY SPEARS' CASE SHOULD NOT
19 PROCEED AS A PAGA REPRESENTATTVE ACTION
20 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HEALTH
NET OF CALIFORNIA, INC.'S MOTION AS TO WHY SPEARS' CASE SHOULD
21 NOT PROCEED AS A PAGA REPRESENTATIVE ACTION
22 DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY
SPEARS' CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE
23 ACTION
24 NOTICE OF LODGING CONDITIONALLY UNDER SEAL - EXHIBITS TO
DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY
25 SPEARS' CASE SHOULD NOT PROCEED AS PAGA REPRESENTATIVE
ACTIONS
26 DECLARATION OF TIMOTHY J . LONG IN SUPPORT OF MOTION AS TO WHY
27 SPEARS' CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE
ACTION
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PROOF OF SERVICE
1 SUMMARY OF EVIDENCE IN SUPPORT OF MOTION AS TO WHY SPEARS'
CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION
2
COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF DEFENDANT
3 HEALTH NET OF CALIFORNIA'S MOTIONS AS TO WHY PLAINTIFFS' CASES
SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS
4 NOTICE OF APPLICATION AND APPLICATION TO SEAL EXHIBITS FILED IN
5 SUPPORT OF MOTIONS WHY PLAINTIFFS' GASES SHOULD NOT PROCEED
AS PAGA REPRESENTATIVE ACTIONS
6 MEMORANDUM OF POINTS & AUTHORITIES SUPPORT OF APPLICATION TO
SEAL EXHIBITS AND DECLARATIONS FILED IN SUPPORT OF MOTIONS WHY
7 PLAINTIFFS' CASES SHOULD NOT PROCEED AS P A G A REPRESENTATIVE
, ACTIONS • • „ . ; , .
8 DECLARATION OF DIANE C. RODES IN SUPPORT OF APPLICATION TO SEAL
EXHIBITS AND DECLARATIONS FILED IN SUPPORT OF MOTIONS WHY
9 PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE
ACTIONS
10
ENCLOSED RECORD SUBJECT TO APPLICATION TO SEAL EXHIBITS FILED
11 IN SUPPORT OF MOTIONS WHY PLAINTIFFS' CASES SHOULD NOT PROCEED
AS PAGA REPRESENTATIVE ACTIONS
12 [PROPOSED] ORDER GRANTING APPLICATION TO SEAL EXHIBITS FILED IN
SUPPORT OF MOTIONS WHY PLAINTIFFS'CASES SHOULD NOT PROCEED
13 AS PAGA REPRESENTATIVE ACTIONS
14 • (BY PERSONAL SERVICE) By causing to be delivered copies diereof to die.
15 following individu^s at the following addresses:
16
17
Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
18 Kyle R. Nordrehaug
Aparajit Bhowmik Telephone: (858)551-1223
19 Victoria B. Rivapalacio Facsimile: (858) 551-1232
20 BLUMENTHAL, NORDREHAUG &
BHOMIK norm@bamlawca.com
21 2255 Calle Clara kvle@bamlawca.com
La JoUa, CA 92037 AJ@bamlawca.com
22 victoria@bamlawca.com
23
24 Shaun Setareh Attomeys for Plaintiff Tonias R. Arana
H. Scott Leviant
25 SETAREH LAW GROUP Telephone: (310) 888-7771
315 S. Beverly Drive, Suite 315 Facsimile: (310)888-0109
26 Beverly Hills, CA 90212
shaun@setarelilaw.com
27
scott@setarehlaw.com
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PROOF OF SERVICE
^1 13 (BY MAIL) By placing a tme copy of the foregoing document(s) in a sealed
2 envelope addressed as set forth below. I placed each such envelope for collection and mailing
3 following ordinary business practices. I am readily familiar with this Firm's practice for
4 coUiection and processing of correspondence for mailing. Under that practice, the correspondence
5 would be deposited with the United States Postal Service on that same day, with postage thereon
6 fully prepaid at Sacramento, Califomia, in the ordinary course of business, on the interested
7 parties in this action by placing tme and correct copies thereof in sealed envelope(s) addressed as
8 follows:
9 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
Kyle R. Nordrehaug
10 Aparajit Bhowmik Telephone: (858) 551-1223
11 Victoria B; Rivapalacio Facsimile: (858)551-1232
BLUMENTHAL, NORDREHAUG &
12 BHOMIK norm@,bamlawca.com
2255 Calle Clara kvle@bamlawca.com
13 La Jolla, CA 92037 AJ@.bamlawca.com
14 victoria@bamlawca.com
15
Shaun Setareh Attomeys for Plaintiff Tomas R, Arana
16 H, Scott Leviant
SETAREH LAW GROUP Telephone: (310) 888-7771
17 315 S. Beveriy Drive, Suite 315 Facsimile: (310)888-0109
18 Beverly Hills, CA 90212
shaun@setarelilaw.com
19 scott@setarehlaw.com
20
21 • (BY EMAIL AS A MATTER OF COURTESY) By transmitting a tme pdf copy
22 of the foregoing document(s) by e-mail transmissionfrompheath@orrick.com to the interested
23 parties only as indicated on the below service list at the e-mail addresses set forth on said service
24 list. Said transmission(s) were completed on the aforesaid date at the time stated on declarant's e-
25 mail transmission record. Each such transmission was reported as complete and without error.
26 • (BY ELECTRONIC FILING VIA CASE MANAGEMENT/ ELECTRONIC
27 CASE FILING: By transmitting via e-filing through the Case Management/Electronic Case
28
PROOFOF SERVICE
1 Filing ("CM/ECF") system, to be sent electronically and simultaneously to the registered
2 participants as identified on the Notice of Electronic Filing ("NEF"), includmg the following:
3 •. (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly
4 maintained by UPS, a tme copy of the foregoing docunient(s) in a sealed envelope or package
5 designated by UPS, addressed as set forth oh the attached mailing list, with fees for ovemight
6 delivery paid or provided for:
7 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears
Kyle R. Nordrehaug
8 Aparajit Bhowmik Telephone: (858) 551-1223
9 Victoria B. Rivapalacio Facsimile: (858) 551-1232
BLUMENTHAL, NORDREHAUG &
10 BHOMIK norm@,bamlawca.coni
2255 Calle Clara kvle@bamlawca.com
11 La JoUa^CA 92037 AJ@bmiilawca.com
12 victoria@bamlawca.com
13 Shaun Setareh Attomeys for Plaintiff Tomas R. Arana
H. Scott Leviant
14 SETAREH LAW GROUP Telephone: (310) 888-7771
315 S.Beverly Drive, Suite 315 Facsimile: (310) 888-0109
15 Beverly Hills, CA 90212 v
16 shaiin@setarehlaw.com
scott@setarehlaw.com
17
18
n (BY FACSIMILE) By transmitting a tme copy of the foregoing document(s) via
19
facsimile transmission from this Firm's sending facsimile machine, whose telephone mmiber is
20
(916) 329-4900, to each interested party at the facsimile machine telephone number(s) set forth
21
on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the time
22
stated on the transmission record issued by this Firm's sending facsimile machine. Each such
23
transmission was reported as complete and without error and a transmission report was properly
24
issued by this Firm's sending facsimile machine for each interested party served. A tme copy of
25
each transmission report is attached to the office copy of this proofof service and will be
26
provided upon request.
27
I declare under penalty of perjury under the laws of the State of Califomia that the above
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PROOF OF SERVICE
1 is tmie and correct.
2 ExecutedonDecember21,2018, at Sacramento, Califomia.
.3
4
~. Patricid M. Heath
5,
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4135-4130-0505
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PROOF OF SERVICE
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) 2 tjlong@orrick.com •CFILEDI> NICHOLAS J. HORTON (STATE BAR NO. 289417) 3 nhorton@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 4 400 Capitol Mail, Suite 3000 DEC 2 1 2018. • Sacramento, CA 95814-4497 5. Telephone: +1 916 447 8299 By. T. Elder Facsimile: +1 916 329 4900 Deputy Clerk 6 Attomeys for Defendant 7 HEALTH NET OF CALIFORNIA, INC. 8 SUPERIOR COURT OF THE STATE OF CALIFORNL\ 9 COUNTY OF SACRAMENTO 10 11 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- of herself and on behalf of all persons siiriilarly CU-OE-GDS 12 situated, . Plaintiff, PROOF OF SERVICE 13 V. Date: April 11,2019 14 Time: 10:00 a.m. HEALTH NET OF CALIFORNIA, INC:, a Dept: 35 15 California Corporation; and Does 1 through 50, Judge: Hon. Alan G. Perkins inclusive. 16 Complaint Filed: April 5,2017 Defendants. FAC Filed: June 29,2017 17 18 TOMAS R. ARANA, on behalf of himself, all Complaint Filed: August 1,2017 Consolidated Complaint Filed: Dec. 21,2017 19 others similarly situated. 20 Plaintiff, V. 21 22 HEALTH OF CALIFORNLA, INC., a Califomia corporation; and DOES 1-50, 23 inclusive, Defendant. CO 24 25 26 27 GC 28 0 PROOF OF SERVICE PROOF OF SERVICE .2 I am more than eighteen years; old and not a party to this action. My business address is 3 Orrick, Herrington & Sutcliffe LLP, 400 Capitol Mall, Suite 3000, Sacramento, Califomia 4 95814. 5 On December 21,2018,1 caused to be served the following document(s): 6 NOTICE OF MOTION AND MOTION AS TO WHY ARANA'S CASE SHOULD NOT 7 PROCEED AS A PAGA REPRESENTATTVE ACTION 8 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA 9 REPRESENTATTVE ACTION DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY 10 ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION II NOTICE OF LODGING CONDITIONALLY UNDER SEAL - EXHIBITS TO 12 DECLARATION OF DLANE RODES IN SUPPORT OF MOTION AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS PAGA REPRESENTATIVE 13 ACTIONS DECLARATION OF TIMOTHY J . LONG IN SUPPORT OF MOTION AS TO WHY 14 ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION 15 DECLARATION OF JULIET GRIMSON IN SUPPORT OF MOTION AS TO WHY 16 ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION 17 SUMMARY OF EVIDENCE IN SUPPORT OF MOTION AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION 18 NOTICE OF MOTION AND MOTION AS TO WHY SPEARS' CASE SHOULD NOT 19 PROCEED AS A PAGA REPRESENTATTVE ACTION 20 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF HEALTH NET OF CALIFORNIA, INC.'S MOTION AS TO WHY SPEARS' CASE SHOULD 21 NOT PROCEED AS A PAGA REPRESENTATIVE ACTION 22 DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY SPEARS' CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE 23 ACTION 24 NOTICE OF LODGING CONDITIONALLY UNDER SEAL - EXHIBITS TO DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY 25 SPEARS' CASE SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 26 DECLARATION OF TIMOTHY J . LONG IN SUPPORT OF MOTION AS TO WHY 27 SPEARS' CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION 28 PROOF OF SERVICE 1 SUMMARY OF EVIDENCE IN SUPPORT OF MOTION AS TO WHY SPEARS' CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATTVE ACTION 2 COMPENDIUM OF WITNESS DECLARATIONS IN SUPPORT OF DEFENDANT 3 HEALTH NET OF CALIFORNIA'S MOTIONS AS TO WHY PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 4 NOTICE OF APPLICATION AND APPLICATION TO SEAL EXHIBITS FILED IN 5 SUPPORT OF MOTIONS WHY PLAINTIFFS' GASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 6 MEMORANDUM OF POINTS & AUTHORITIES SUPPORT OF APPLICATION TO SEAL EXHIBITS AND DECLARATIONS FILED IN SUPPORT OF MOTIONS WHY 7 PLAINTIFFS' CASES SHOULD NOT PROCEED AS P A G A REPRESENTATIVE , ACTIONS • • „ . ; , . 8 DECLARATION OF DIANE C. RODES IN SUPPORT OF APPLICATION TO SEAL EXHIBITS AND DECLARATIONS FILED IN SUPPORT OF MOTIONS WHY 9 PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 10 ENCLOSED RECORD SUBJECT TO APPLICATION TO SEAL EXHIBITS FILED 11 IN SUPPORT OF MOTIONS WHY PLAINTIFFS' CASES SHOULD NOT PROCEED AS PAGA REPRESENTATIVE ACTIONS 12 [PROPOSED] ORDER GRANTING APPLICATION TO SEAL EXHIBITS FILED IN SUPPORT OF MOTIONS WHY PLAINTIFFS'CASES SHOULD NOT PROCEED 13 AS PAGA REPRESENTATIVE ACTIONS 14 • (BY PERSONAL SERVICE) By causing to be delivered copies diereof to die. 15 following individu^s at the following addresses: 16 17 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears 18 Kyle R. Nordrehaug Aparajit Bhowmik Telephone: (858)551-1223 19 Victoria B. Rivapalacio Facsimile: (858) 551-1232 20 BLUMENTHAL, NORDREHAUG & BHOMIK norm@bamlawca.com 21 2255 Calle Clara kvle@bamlawca.com La JoUa, CA 92037 AJ@bamlawca.com 22 victoria@bamlawca.com 23 24 Shaun Setareh Attomeys for Plaintiff Tonias R. Arana H. Scott Leviant 25 SETAREH LAW GROUP Telephone: (310) 888-7771 315 S. Beverly Drive, Suite 315 Facsimile: (310)888-0109 26 Beverly Hills, CA 90212 shaun@setarelilaw.com 27 scott@setarehlaw.com 28 PROOF OF SERVICE ^1 13 (BY MAIL) By placing a tme copy of the foregoing document(s) in a sealed 2 envelope addressed as set forth below. I placed each such envelope for collection and mailing 3 following ordinary business practices. I am readily familiar with this Firm's practice for 4 coUiection and processing of correspondence for mailing. Under that practice, the correspondence 5 would be deposited with the United States Postal Service on that same day, with postage thereon 6 fully prepaid at Sacramento, Califomia, in the ordinary course of business, on the interested 7 parties in this action by placing tme and correct copies thereof in sealed envelope(s) addressed as 8 follows: 9 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears Kyle R. Nordrehaug 10 Aparajit Bhowmik Telephone: (858) 551-1223 11 Victoria B; Rivapalacio Facsimile: (858)551-1232 BLUMENTHAL, NORDREHAUG & 12 BHOMIK norm@,bamlawca.com 2255 Calle Clara kvle@bamlawca.com 13 La Jolla, CA 92037 AJ@.bamlawca.com 14 victoria@bamlawca.com 15 Shaun Setareh Attomeys for Plaintiff Tomas R, Arana 16 H, Scott Leviant SETAREH LAW GROUP Telephone: (310) 888-7771 17 315 S. Beveriy Drive, Suite 315 Facsimile: (310)888-0109 18 Beverly Hills, CA 90212 shaun@setarelilaw.com 19 scott@setarehlaw.com 20 21 • (BY EMAIL AS A MATTER OF COURTESY) By transmitting a tme pdf copy 22 of the foregoing document(s) by e-mail transmissionfrompheath@orrick.com to the interested 23 parties only as indicated on the below service list at the e-mail addresses set forth on said service 24 list. Said transmission(s) were completed on the aforesaid date at the time stated on declarant's e- 25 mail transmission record. Each such transmission was reported as complete and without error. 26 • (BY ELECTRONIC FILING VIA CASE MANAGEMENT/ ELECTRONIC 27 CASE FILING: By transmitting via e-filing through the Case Management/Electronic Case 28 PROOFOF SERVICE 1 Filing ("CM/ECF") system, to be sent electronically and simultaneously to the registered 2 participants as identified on the Notice of Electronic Filing ("NEF"), includmg the following: 3 •. (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly 4 maintained by UPS, a tme copy of the foregoing docunient(s) in a sealed envelope or package 5 designated by UPS, addressed as set forth oh the attached mailing list, with fees for ovemight 6 delivery paid or provided for: 7 Norman B. Blumenthal Attomeys for Plaintiff Andrea Spears Kyle R. Nordrehaug 8 Aparajit Bhowmik Telephone: (858) 551-1223 9 Victoria B. Rivapalacio Facsimile: (858) 551-1232 BLUMENTHAL, NORDREHAUG & 10 BHOMIK norm@,bamlawca.coni 2255 Calle Clara kvle@bamlawca.com 11 La JoUa^CA 92037 AJ@bmiilawca.com 12 victoria@bamlawca.com 13 Shaun Setareh Attomeys for Plaintiff Tomas R. Arana H. Scott Leviant 14 SETAREH LAW GROUP Telephone: (310) 888-7771 315 S.Beverly Drive, Suite 315 Facsimile: (310) 888-0109 15 Beverly Hills, CA 90212 v 16 shaiin@setarehlaw.com scott@setarehlaw.com 17 18 n (BY FACSIMILE) By transmitting a tme copy of the foregoing document(s) via 19 facsimile transmission from this Firm's sending facsimile machine, whose telephone mmiber is 20 (916) 329-4900, to each interested party at the facsimile machine telephone number(s) set forth 21 on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the time 22 stated on the transmission record issued by this Firm's sending facsimile machine. Each such 23 transmission was reported as complete and without error and a transmission report was properly 24 issued by this Firm's sending facsimile machine for each interested party served. A tme copy of 25 each transmission report is attached to the office copy of this proofof service and will be 26 provided upon request. 27 I declare under penalty of perjury under the laws of the State of Califomia that the above 28 PROOF OF SERVICE 1 is tmie and correct. 2 ExecutedonDecember21,2018, at Sacramento, Califomia. .3 4 ~. Patricid M. Heath 5, 6 4135-4130-0505 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