On March 15, 2021 a
94940JOINT00104e
was filed
involving a dispute between
Alexis Martinez, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Andrew Ho, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Bill Cook, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Delia Joseph, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Derrick Massey, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Eric Maldonado, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Jay Neilson, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Jeronimo Trevino Barron An Individual On Behalf Of Himself And All Others Similarly Situated,
Jeronimo Trevino-Barron, On Behalf Of Himself And All Others Similarly Situated, And On Behalf Of The General Public,
Keith Washington, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Manuel Gonzalez, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Ralph Rodriguez, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Steven Roy Daves, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Terrill Lewis, An Individual, On Behalf Of Himself And All Others Similarly Situated,
Travis Corbell, An Individual, On Behalf Of Himself And All Other Similarly Situated,
Trevino-Barron, Jeronimo,
Tyler Nichols, An Individual, On Behalf Of Himself And All Others Similarly Situated,
and
Chris Rhodes,
Stacy Smith,
Travis Smith,
Ts Transporting, Inc. A California Corporation,
for 15-CV Other Employment - Civil Unlimited
in the District Court of Kern County.
Preview
1 Mike Arias (SBN:115385)
Arnold C. Wang (SBN:204431)
2 Craig S. Momita (SBN:163347)
3 M. Anthony Jenkins (SBN:171958)
ARIAS SANGUINETTI WANG & TEAM LLP
4 6701 Center Drive West, Suite 1400
Los Angeles, California 90045
5 Telephone: (310) 844-9696
6 Facsimile: (310) 861-0168
Email: LAService@aswtlawyers.com
7 Email: Mike@aswtlawyers.com
Email: Arnold@aswtlawyers.com
8 Email: Craig@aswtlawyers.com
9 Email: Anthony@aswtlawyers.com
10 Sidney Sohn (SBN:227662)
Alexander Tsao (SBN:227643)
11 VENERABLE INJURY LAW
12 3700 Wilshire Blvd, Suite 1000
Los Angeles, CA 90010
13 Telephone: (213) 383-2332
Facsimile: (213) 383-3542
14 Email: ssohn@venerablelaw.com
15 Email: atsao@venerablelaw.com
16 Attorneys for Plaintiffs
17 [Additional Counsel listed on next page]
18
19
SUPERIOR COURT OF THE STATE OF CALIFORNIA
20
FOR THE COUNTY OF KERN
21
22
JERONIMO TREVINO-BARRON, an individual, Lead Case No. BCV-21-100566
23 on behalf of himself and all others similarly
situated, ALEXIS MARTINEZ, an individual, on Consolidated With Case No.
24 behalf of himself and all others similarly situated; BCV-21-101628
JAY NEILSON , an individual, on behalf of
25
himself and all others similarly situated; ERIC JOINT STATUS REPORT RE: APRIL 3,
26 MALDONADO, an individual, on behalf of 2024 CASE STATUS CONFERENCE
himself and all others similarly situated,
27 MANUEL GONZALEZ, an individual, on behalf Date: April 3, 2024
of himself and all others similarly situated; Time: 8:15 a.m.
28
TYLER NICHOLS, an individual, on behalf of Judge: Hon. Thomas S. Clark
Page 1
JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE
1 himself and all others similarly situated, Dept: 17
ANDREW HO, an individual, on behalf of
2 himself and all others similarly situated; DELIA
3 JOSEPH, an individual, on behalf of himself and
all others similarly situated, TERRILL LEWIS,
4 an individual, on behalf of himself and all others
similarly situated; RALPH RODRIGUEZ, an
5 individual, on behalf of himself and all others
6 similarly situated; STEVEN ROY DAVES, an
individual, on behalf of himself and all others
7 similarly situated; KEITH WASHINGTON, an
individual, on behalf of himself and all others
8 similarly situated, DERRICK MASSEY, an
9 individual, on behalf of himself and all others
similarly situated; BILL COOK, an individual, on
10 behalf of himself and all others similarly situated;
and, TRAVIS CORBELL, an individual, on
11 behalf of himself and all others similarly situated,
ARIAS SANGUINETTI WANG & TEAM LLP
12
Plaintiffs,
13
vs.
14
TS TRANSPORTING, INC., a California
15 Corporation; TRAVIS SMITH: STACY SMITH:
CHRIS ROSE; and, DOES 1 through 100,
16 inclusive,
17 Defendants.
18
19
20
21
22
23
24
25
26
27
28
Page 2
JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE
1 R. Steven Derryberry (SBN:245234)
Kimberly R. Rose-McCaslin (SBN:227662)
2 Alexander L. Massari (SBN:307111)
3 DERRYBERRY & ASSOCIATES LLP
41240 11th Street West, Suite A
4 Palmdale, CA 93551
Telephone: 661-945-6115
5 Facsimile: 661-948-4772
6 Email: info@derryberrylawyers.com
Email: Kim@derryberrylawyers.com
7 Email: info@derryberrylawyers.com
8 Attorneys for Defendants TS Transporting, Inc., et al.
9
10
11
ARIAS SANGUINETTI WANG & TEAM LLP
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 3
JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE
1 Plaintiffs Jeronimo Trevino-Barron, Alexis Martinez, Jay Neilson, Eric Maldonado,
2 Manuel Gonzalez, Tyler Nichols, Andrew Ho, Delia Joseph, Terrill Lewis, Ralph Rodriguez,
3 Steven Roy Daves, Keith Washington, Derrick Massey, Bill Cook and Travis Corbell
4 (“Plaintiffs”), and Defendants TS Transporting, Inc., Travis Smith, Stacy Smith and Chris Rose
5 (“Defendants”) (Plaintiffs and Defendants are hereinafter collectively referred to as the
6 “Parties”), by and through their undersigned counsel, submit this Joint Status Report.
7 I. ADR
8 The Parties have discussed returning to mediation before Judge Daniel Buckley (Ret.).
9 Plaintiffs have proposed the parameters and are working on a revised liability/damages Excel
10 spreadsheet that they anticipate providing to Defendants within the next 30 days.
11 II. PROCEDURAL STATUS
ARIAS SANGUINETTI WANG & TEAM LLP
12 This is a wage and hour class action brought on behalf of truck drivers of Defendant TS
13 Transporting, Inc. (“TST”). TST is under contract with the United States Postal Service
14 (“USPS”) and its drivers haul mail to and from USPS hubs within California.
15 Trevino-Barron, et al. v. TS Transporting, Inc., KCSC Case No. BCV-21-100566
16 (“Trevino-Barron”) was filed on March 15, 2021. Martinez, et al. v. TS Transporting, Inc.,
17 KCSC Case No. BCV-21-101628 (“Martinez”) was filed on July 14, 2021. Trevino-Barron
18 asserts a single cause of action for penalties pursuant to Labor Code Section 2699(f) (“PAGA”).
19 Martinez asserts seven causes of action for: (1) failure to pay minimum wages; (2) failure to
20 compensate for all hours worked including straight time; (3) failure to furnish accurate itemized
21 wage and hour statements; (4) failure to pay wages upon discharge; (5) failure to reimburse
22 employee expenses; (6) unfair and unlawful business acts and practices (Bus. & Prof. Code §§
23 17200; et seq.), and (7) civil penalties under PAGA.
24 On March 29, 2023, by court order Trevino-Barron was consolidated with Martinez for
25 all purposes including trial. Trevino-Barron was designated the lead case. Plaintiffs’
26 consolidated class action complaint was deemed filed and served on March 29, 2023. Defendants
27 responsive pleading was due thirty (30) days from that date. Defendants have not yet filed a
28 responsive pleading.
Page 4
JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE
1 The Parties have engaged in two separate mediations without resolution. On May 17,
2 2022, the Parties participated in mediation before Nikki Tolt, Esq. of ACT Mediation, Inc. On
3 January 16, 2023, the Parties underwent a second mediation before Hon. Daniel J. Buckley (Ret.)
4 of Signature Resolution. While the case has not settled, the Parties are continuing the exchange
5 of documents and working with mediator Judge Buckley in an effort to informally resolve this
6 matter.
7 Significant written discovery has been undertaken and Defendants have served
8 substantial document productions. Plaintiffs have commenced taking the depositions of
9 Defendants’ person(s) most knowledgeable and Defendants Travis Smith and Chris Rose. There
10 are three main discovery issues now being worked out between the parties, i.e.:
11 Discovery Issue No. 1 – The parties are continuing their attempts to informally resolve
ARIAS SANGUINETTI WANG & TEAM LLP
12 Plaintiffs’ request for further interrogatory responses regarding driver routes and truck numbers -
13 Defendants have provided partial further responses and additional time and payroll records and
14 have agreed to continue this effort for the remaining drivers and routes – however, the parties
15 have discussed going back to mediation and this effort is temporarily paused to save costs;
16 Discovery Issue No. 2 – Plaintiffs’ class discovery directed at Defendants’ yards other
17 than the Bakersfield yard – Defendants contend they have provided contact information for all
18 putative class members (“PCMs”); however, Defendants are continuing to locate and plan to
19 produce additional records for PCMs including, e.g., time and attendance records, payroll records,
20 schedules and GPS data if these documents exist – however, the parties have discussed going back
21 to mediation and this effort is temporarily paused to save costs; and,
22 Discovery Issue No. 3 – The completion of Defendants’ depositions – however, the parties
23 have discussed going back to mediation and this effort is temporarily paused to save costs.
24
25 ///
26 ///
27 ///
28
Page 5
JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE
1 No trial date has been set. Plaintiffs anticipate the filing of a motion for class certification
2 by end of 2024. The Parties request the setting of an additional Case Status Conference in
3 approximately 60 -90 days to apprise the court of the status of outstanding discovery issues and
4 if the class certification filing deadline date remains attainable.
5
6
7 Dated: March 29, 2024 ARIAS SANGUINETTI WANG & TEAM LLP
8 VENERABLE INJURY LAW
9
10 By:
MIKE ARIAS
11 ARNOLD C. WANG
CRAIG S. MOMITA
ARIAS SANGUINETTI WANG & TEAM LLP
12 M. ANTHONY JENKINS
13 Attorneys for Plaintiff
14
15 Dated: March 29, 2024 DERRYBERRY & ASSOCIATES LLP
16
17
18 By:
KIMBERLY ROSE-MCCASLIN
19 Attorney for Defendants
20
21
22
23
24
25
26
27
28
Page 6
JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 RE: Jeronimo Trevino-Barron vs. TS Transporting, Inc., et al.
Kern County Superior Court Case No: BCV-21-100566
4
I am employed in the State of California, County of Los Angeles. I am over the age
5 of eighteen and am not a party to the within action; my business address is 6701 Center Drive
West, Suite 1400, Los Angeles, California 90045.
6
7 On March 29, 2024, I served the foregoing documents described as JOINT
STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE on the
8 interested parties in this action by transmitting [ ] the original [] a true copy thereof as
follows:
9
Kimberly Rene Rose-McCaslin
10 Robert Steven Derryberry
Alexander L. Massari
11 DERRYBERRY & ASSOCIATES LLP
41240 11th Street W, Suite A
12 Palmdale, California 93551-1448
13 Telephone: (661) 945-6115
Facsimile: (661) 948-4772
14 kim@derryberrylawyers.com
steven@derryberrylawyers.com
15 alex@derryberrylawyers.com
montana@derryberrylaywers.com
16
17 Attorneys for Defendant
TS TRANSPORTING, INC.
18
[] ONLY BY ELECTRONIC TRANSMISSION: By emailing the document(s) to the
19 persons at the email addresses listed herein, pursuant to California Code of Civil
Procedure section 1010.6(e)(1), after having previously confirmed these email
20
addresses by email pursuant to California Code of Civil Procedure section
21 1010.6(e)(1). No electronic message or other indication that the transmission was
unsuccessful was received within a reasonable time after the transmission.
22
I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct.
24 Executed on March 29, 2024 at Los Angeles, California.
25
Elvin Cruz
26 Type or Print Name Signature
27
28
PROOF OF SERVICE
Preview
1 Mike Arias (SBN:115385) Arnold C. Wang (SBN:204431) 2 Craig S. Momita (SBN:163347) 3 M. Anthony Jenkins (SBN:171958) ARIAS SANGUINETTI WANG & TEAM LLP 4 6701 Center Drive West, Suite 1400 Los Angeles, California 90045 5 Telephone: (310) 844-9696 6 Facsimile: (310) 861-0168 Email: LAService@aswtlawyers.com 7 Email: Mike@aswtlawyers.com Email: Arnold@aswtlawyers.com 8 Email: Craig@aswtlawyers.com 9 Email: Anthony@aswtlawyers.com 10 Sidney Sohn (SBN:227662) Alexander Tsao (SBN:227643) 11 VENERABLE INJURY LAW 12 3700 Wilshire Blvd, Suite 1000 Los Angeles, CA 90010 13 Telephone: (213) 383-2332 Facsimile: (213) 383-3542 14 Email: ssohn@venerablelaw.com 15 Email: atsao@venerablelaw.com 16 Attorneys for Plaintiffs 17 [Additional Counsel listed on next page] 18 19 SUPERIOR COURT OF THE STATE OF CALIFORNIA 20 FOR THE COUNTY OF KERN 21 22 JERONIMO TREVINO-BARRON, an individual, Lead Case No. BCV-21-100566 23 on behalf of himself and all others similarly situated, ALEXIS MARTINEZ, an individual, on Consolidated With Case No. 24 behalf of himself and all others similarly situated; BCV-21-101628 JAY NEILSON , an individual, on behalf of 25 himself and all others similarly situated; ERIC JOINT STATUS REPORT RE: APRIL 3, 26 MALDONADO, an individual, on behalf of 2024 CASE STATUS CONFERENCE himself and all others similarly situated, 27 MANUEL GONZALEZ, an individual, on behalf Date: April 3, 2024 of himself and all others similarly situated; Time: 8:15 a.m. 28 TYLER NICHOLS, an individual, on behalf of Judge: Hon. Thomas S. Clark Page 1 JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE 1 himself and all others similarly situated, Dept: 17 ANDREW HO, an individual, on behalf of 2 himself and all others similarly situated; DELIA 3 JOSEPH, an individual, on behalf of himself and all others similarly situated, TERRILL LEWIS, 4 an individual, on behalf of himself and all others similarly situated; RALPH RODRIGUEZ, an 5 individual, on behalf of himself and all others 6 similarly situated; STEVEN ROY DAVES, an individual, on behalf of himself and all others 7 similarly situated; KEITH WASHINGTON, an individual, on behalf of himself and all others 8 similarly situated, DERRICK MASSEY, an 9 individual, on behalf of himself and all others similarly situated; BILL COOK, an individual, on 10 behalf of himself and all others similarly situated; and, TRAVIS CORBELL, an individual, on 11 behalf of himself and all others similarly situated, ARIAS SANGUINETTI WANG & TEAM LLP 12 Plaintiffs, 13 vs. 14 TS TRANSPORTING, INC., a California 15 Corporation; TRAVIS SMITH: STACY SMITH: CHRIS ROSE; and, DOES 1 through 100, 16 inclusive, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 Page 2 JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE 1 R. Steven Derryberry (SBN:245234) Kimberly R. Rose-McCaslin (SBN:227662) 2 Alexander L. Massari (SBN:307111) 3 DERRYBERRY & ASSOCIATES LLP 41240 11th Street West, Suite A 4 Palmdale, CA 93551 Telephone: 661-945-6115 5 Facsimile: 661-948-4772 6 Email: info@derryberrylawyers.com Email: Kim@derryberrylawyers.com 7 Email: info@derryberrylawyers.com 8 Attorneys for Defendants TS Transporting, Inc., et al. 9 10 11 ARIAS SANGUINETTI WANG & TEAM LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE 1 Plaintiffs Jeronimo Trevino-Barron, Alexis Martinez, Jay Neilson, Eric Maldonado, 2 Manuel Gonzalez, Tyler Nichols, Andrew Ho, Delia Joseph, Terrill Lewis, Ralph Rodriguez, 3 Steven Roy Daves, Keith Washington, Derrick Massey, Bill Cook and Travis Corbell 4 (“Plaintiffs”), and Defendants TS Transporting, Inc., Travis Smith, Stacy Smith and Chris Rose 5 (“Defendants”) (Plaintiffs and Defendants are hereinafter collectively referred to as the 6 “Parties”), by and through their undersigned counsel, submit this Joint Status Report. 7 I. ADR 8 The Parties have discussed returning to mediation before Judge Daniel Buckley (Ret.). 9 Plaintiffs have proposed the parameters and are working on a revised liability/damages Excel 10 spreadsheet that they anticipate providing to Defendants within the next 30 days. 11 II. PROCEDURAL STATUS ARIAS SANGUINETTI WANG & TEAM LLP 12 This is a wage and hour class action brought on behalf of truck drivers of Defendant TS 13 Transporting, Inc. (“TST”). TST is under contract with the United States Postal Service 14 (“USPS”) and its drivers haul mail to and from USPS hubs within California. 15 Trevino-Barron, et al. v. TS Transporting, Inc., KCSC Case No. BCV-21-100566 16 (“Trevino-Barron”) was filed on March 15, 2021. Martinez, et al. v. TS Transporting, Inc., 17 KCSC Case No. BCV-21-101628 (“Martinez”) was filed on July 14, 2021. Trevino-Barron 18 asserts a single cause of action for penalties pursuant to Labor Code Section 2699(f) (“PAGA”). 19 Martinez asserts seven causes of action for: (1) failure to pay minimum wages; (2) failure to 20 compensate for all hours worked including straight time; (3) failure to furnish accurate itemized 21 wage and hour statements; (4) failure to pay wages upon discharge; (5) failure to reimburse 22 employee expenses; (6) unfair and unlawful business acts and practices (Bus. & Prof. Code §§ 23 17200; et seq.), and (7) civil penalties under PAGA. 24 On March 29, 2023, by court order Trevino-Barron was consolidated with Martinez for 25 all purposes including trial. Trevino-Barron was designated the lead case. Plaintiffs’ 26 consolidated class action complaint was deemed filed and served on March 29, 2023. Defendants 27 responsive pleading was due thirty (30) days from that date. Defendants have not yet filed a 28 responsive pleading. Page 4 JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE 1 The Parties have engaged in two separate mediations without resolution. On May 17, 2 2022, the Parties participated in mediation before Nikki Tolt, Esq. of ACT Mediation, Inc. On 3 January 16, 2023, the Parties underwent a second mediation before Hon. Daniel J. Buckley (Ret.) 4 of Signature Resolution. While the case has not settled, the Parties are continuing the exchange 5 of documents and working with mediator Judge Buckley in an effort to informally resolve this 6 matter. 7 Significant written discovery has been undertaken and Defendants have served 8 substantial document productions. Plaintiffs have commenced taking the depositions of 9 Defendants’ person(s) most knowledgeable and Defendants Travis Smith and Chris Rose. There 10 are three main discovery issues now being worked out between the parties, i.e.: 11 Discovery Issue No. 1 – The parties are continuing their attempts to informally resolve ARIAS SANGUINETTI WANG & TEAM LLP 12 Plaintiffs’ request for further interrogatory responses regarding driver routes and truck numbers - 13 Defendants have provided partial further responses and additional time and payroll records and 14 have agreed to continue this effort for the remaining drivers and routes – however, the parties 15 have discussed going back to mediation and this effort is temporarily paused to save costs; 16 Discovery Issue No. 2 – Plaintiffs’ class discovery directed at Defendants’ yards other 17 than the Bakersfield yard – Defendants contend they have provided contact information for all 18 putative class members (“PCMs”); however, Defendants are continuing to locate and plan to 19 produce additional records for PCMs including, e.g., time and attendance records, payroll records, 20 schedules and GPS data if these documents exist – however, the parties have discussed going back 21 to mediation and this effort is temporarily paused to save costs; and, 22 Discovery Issue No. 3 – The completion of Defendants’ depositions – however, the parties 23 have discussed going back to mediation and this effort is temporarily paused to save costs. 24 25 /// 26 /// 27 /// 28 Page 5 JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE 1 No trial date has been set. Plaintiffs anticipate the filing of a motion for class certification 2 by end of 2024. The Parties request the setting of an additional Case Status Conference in 3 approximately 60 -90 days to apprise the court of the status of outstanding discovery issues and 4 if the class certification filing deadline date remains attainable. 5 6 7 Dated: March 29, 2024 ARIAS SANGUINETTI WANG & TEAM LLP 8 VENERABLE INJURY LAW 9 10 By: MIKE ARIAS 11 ARNOLD C. WANG CRAIG S. MOMITA ARIAS SANGUINETTI WANG & TEAM LLP 12 M. ANTHONY JENKINS 13 Attorneys for Plaintiff 14 15 Dated: March 29, 2024 DERRYBERRY & ASSOCIATES LLP 16 17 18 By: KIMBERLY ROSE-MCCASLIN 19 Attorney for Defendants 20 21 22 23 24 25 26 27 28 Page 6 JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 RE: Jeronimo Trevino-Barron vs. TS Transporting, Inc., et al. Kern County Superior Court Case No: BCV-21-100566 4 I am employed in the State of California, County of Los Angeles. I am over the age 5 of eighteen and am not a party to the within action; my business address is 6701 Center Drive West, Suite 1400, Los Angeles, California 90045. 6 7 On March 29, 2024, I served the foregoing documents described as JOINT STATUS REPORT RE: APRIL 3, 2024 CASE STATUS CONFERENCE on the 8 interested parties in this action by transmitting [ ] the original [] a true copy thereof as follows: 9 Kimberly Rene Rose-McCaslin 10 Robert Steven Derryberry Alexander L. Massari 11 DERRYBERRY & ASSOCIATES LLP 41240 11th Street W, Suite A 12 Palmdale, California 93551-1448 13 Telephone: (661) 945-6115 Facsimile: (661) 948-4772 14 kim@derryberrylawyers.com steven@derryberrylawyers.com 15 alex@derryberrylawyers.com montana@derryberrylaywers.com 16 17 Attorneys for Defendant TS TRANSPORTING, INC. 18 [] ONLY BY ELECTRONIC TRANSMISSION: By emailing the document(s) to the 19 persons at the email addresses listed herein, pursuant to California Code of Civil Procedure section 1010.6(e)(1), after having previously confirmed these email 20 addresses by email pursuant to California Code of Civil Procedure section 21 1010.6(e)(1). No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 22 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct. 24 Executed on March 29, 2024 at Los Angeles, California. 25 Elvin Cruz 26 Type or Print Name Signature 27 28 PROOF OF SERVICE