On October 18, 2019 a
Motion-Secondary
was filed
involving a dispute between
Hirdman, Bradley,
and
Charter Communications, Llc An Unknown Limited Liability Company,
for Employment - Complex
in the District Court of San Bernardino County.
Preview
1
F I L E U
1 KENNETH H. YOON (State Bar NO. 198443) SUPER'OR COURT 0F CALIFORNIA
ggEggifilnggéSUD/A (State Bar No. 265480) C?EfiEEFfiAi’EWNBSBWEéb‘TO
2
751 N. Fair Oéks Ave., Suite 102
MAR 2 O 2023
3 Pasadena, California 91 103
Telephone: (213) 612—0988
4 Facsimile: (213) 947—1211 BY 1%» fl .
ARADELSI RIZO, DEPUTY
1
SAMUEL CLEAVER (State Bar No. 245717)
1
5 G.
LAW OFFICES OF G. SAMUEL CLEAVER
6 3660 Wilshire B1Vd., Suite 922
Los Angeles, California 90010
7 Telephone: (213) 568-4088 ;
8 Attorneys for Plaintiff Bradley Hirdman
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA ‘
10 FOR THE COUNTY OF SAN BERNARDINO i
1 1 BRADLEY HIRDMAN, an aggrieved Case N0.: CIVDSl93 1034
employee, on behalf 0f himself and other
12 current and former employees, [Assigned for all purposes to Hon. David
Cohn, Dept. $26]
13 Plaintiffs,
V. PLAINTIFF BRADLEY HIRDMAN’S
14 SEPARATE STATEMENT IN
CHARTER COMMUNICATIONS, LLC, an OPPOSITION TO DEFENDANT’S
15 unknown limited liability company; and DOES MOTION FOR SUMMARY
1through 50, inclusive, ADJUDICATION
16
Defendants. Date: April 4, 2023
17 Time: 10:00 a.m.
Place: Department S26
1 8
1 9
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PLAINTIFF’S SEPARATE STATEMENT IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY
ADJUDICATION
)
SEPARATE STATEMENT
Plaintiff Bradley Hirdman (“Plaintiff”) submits the following Separate Statement in Opposition
to Defendant Charter Communications, LLC’s (“Defendant” or “Charter”) Motion for Summary
Adjudication.
\OOONONUIhWNh-d
mm: An employer correctly calculates the rate of pay for paid sick leave required under Labor
Code Section 246 for employees that it classifies as exempt employees under the outside
salesperson exemption using the method of calculation provided in subdivision (l)(3): “For the
purposes 0f this section, an employer shall calculate paid sick leave using any 0f the following
calculations: . . . (3) Paid sick time for exempt employees shall be calculated in the same manner
as the employer calculates wages for other forms 0f paid leave time.”
Fact Moving Partv’s Undisputed Facts and Opposing Parg’s Response and
Material Evidence: Sugporting Evidence
1. Plaintiff was formerly employed by Charter as Undisputed that Defendant classified
a sales representative. Plaintiff as an outside sales
First Amended Compl. 1] 9, Ex. B to Charter’s representative.
Request for Judicial Notice (“RJN”)
2. Charter calculates sick pay for employees, like Undisputed that Defendant calculates
Plaintiff, that it classifies as exempt under the sick pay for outside sales
NNNNNNNNNHHHHHHr—At—Ip—IH
outside sales exemption using the method representatives pursuant to Labor Code
OONQMfiWNHODOONQM-hwwfido
provided for “exempt employees” under Labor SBCtiOD 246(00)-
Code section 246(l)(3), Disputed to the extent that Defendant
contends that advertently 0r
Jt. Stip. 1] 4, Ex. C to Charter’s RJN, it
inadvertently paid Plaintiff and other
outside sales employees in a manner
that complied with Labor sections
246(l)(1) or (2).
Jt. Stip. fl 4 (“Defendant does not pay
[outside sales] employees paid sick
1
PLAINTIFF’S SEPARATE STATEMENT IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY
ADJUDICATION
Document Filed Date
March 20, 2023
Case Filing Date
October 18, 2019
Category
Employment - Complex
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1 F I L E U 1 KENNETH H. YOON (State Bar NO. 198443) SUPER'OR COURT 0F CALIFORNIA ggEggifilnggéSUD/A (State Bar No. 265480) C?EfiEEFfiAi’EWNBSBWEéb‘TO 2 751 N. Fair Oéks Ave., Suite 102 MAR 2 O 2023 3 Pasadena, California 91 103 Telephone: (213) 612—0988 4 Facsimile: (213) 947—1211 BY 1%» fl . ARADELSI RIZO, DEPUTY 1 SAMUEL CLEAVER (State Bar No. 245717) 1 5 G. LAW OFFICES OF G. SAMUEL CLEAVER 6 3660 Wilshire B1Vd., Suite 922 Los Angeles, California 90010 7 Telephone: (213) 568-4088 ; 8 Attorneys for Plaintiff Bradley Hirdman 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA ‘ 10 FOR THE COUNTY OF SAN BERNARDINO i 1 1 BRADLEY HIRDMAN, an aggrieved Case N0.: CIVDSl93 1034 employee, on behalf 0f himself and other 12 current and former employees, [Assigned for all purposes to Hon. David Cohn, Dept. $26] 13 Plaintiffs, V. PLAINTIFF BRADLEY HIRDMAN’S 14 SEPARATE STATEMENT IN CHARTER COMMUNICATIONS, LLC, an OPPOSITION TO DEFENDANT’S 15 unknown limited liability company; and DOES MOTION FOR SUMMARY 1through 50, inclusive, ADJUDICATION 16 Defendants. Date: April 4, 2023 17 Time: 10:00 a.m. Place: Department S26 1 8 1 9 - 21 22 23 24 25 26 27 28 PLAINTIFF’S SEPARATE STATEMENT IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION ) SEPARATE STATEMENT Plaintiff Bradley Hirdman (“Plaintiff”) submits the following Separate Statement in Opposition to Defendant Charter Communications, LLC’s (“Defendant” or “Charter”) Motion for Summary Adjudication. \OOONONUIhWNh-d mm: An employer correctly calculates the rate of pay for paid sick leave required under Labor Code Section 246 for employees that it classifies as exempt employees under the outside salesperson exemption using the method of calculation provided in subdivision (l)(3): “For the purposes 0f this section, an employer shall calculate paid sick leave using any 0f the following calculations: . . . (3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms 0f paid leave time.” Fact Moving Partv’s Undisputed Facts and Opposing Parg’s Response and Material Evidence: Sugporting Evidence 1. Plaintiff was formerly employed by Charter as Undisputed that Defendant classified a sales representative. Plaintiff as an outside sales First Amended Compl. 1] 9, Ex. B to Charter’s representative. Request for Judicial Notice (“RJN”) 2. Charter calculates sick pay for employees, like Undisputed that Defendant calculates Plaintiff, that it classifies as exempt under the sick pay for outside sales NNNNNNNNNHHHHHHr—At—Ip—IH outside sales exemption using the method representatives pursuant to Labor Code OONQMfiWNHODOONQM-hwwfido provided for “exempt employees” under Labor SBCtiOD 246(00)- Code section 246(l)(3), Disputed to the extent that Defendant contends that advertently 0r Jt. Stip. 1] 4, Ex. C to Charter’s RJN, it inadvertently paid Plaintiff and other outside sales employees in a manner that complied with Labor sections 246(l)(1) or (2). Jt. Stip. fl 4 (“Defendant does not pay [outside sales] employees paid sick 1 PLAINTIFF’S SEPARATE STATEMENT IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION