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1 THE VAN VLECK LAW FIRM, LLP
Brian F. Van Vleck, State Bar No. 155250
2 Stuart H. Kluft. State Bar No. 315081 ELECTRONICALLY
5757 Wilshire Boulevard, Suite 535
3 Los Angeles, California 90036 F I L E D
Superior Court of California,
Telephone: (323) 920-0250 County of San Francisco
4 Facsimile: (323) 920-0249
02/13/2020
Clerk of the Court
5 Attorneys for Plaintiff, BY: RONNIE OTERO
Melissa Woods Deputy Clerk
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7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF SAN FRANCISCO
10
11 MELISSA WOODS, ) CASE No: CGC 14-537527
)
12 Claimant, )
vs. ) DECLARATION OF BRIAN F. VAN
13 ) VLECK IN SUPPORT OF POST-TRIAL
CBRE GROUP, INC., and DOES 1 through 100 ) BRIEF OF PLAINTIFF MELISSA
14 inclusive ) WOODS
)
15 Respondent. )
) Trial Date: January 27, 2020
16 )
)
17 )
)
18 )
)
19 )
)
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DECLARATION OF BRIAN F. VAN VLECK
THE VAN VLECK
LAW FIRM, LLP ISO POST-TRIAL BRIEF OF PL. WOODS
1 DECLARATION OF BRIAN F. VAN VLECK
2 I, Brian F. Van Vleck, declare as follows:
3 1. I am a name partner in The Van Vleck Law Firm, LLP, counsel of record for
4 Plaintiff Melissa Woods. I have personal knowledge of the facts set forth in this Declaration,
5 except as to those matters stated on information and belief, and as to those I believe it to be true.
6 2. Attached hereto as Exhibits “A,” and “B,” respectively are true and correct copies of
7 the California Secretary of State website “Entity Detail” for CBRE, Group Inc., and CBRE, Inc.,
8 which reflect the same registered agent for service (CT Corporation System), at the same business
9 address (400 South Hope Street, 25th Floor, Los Angeles, CA 90017.
10 3. Attached hereto as Exhibit “C,” is a true and correct copy of the Declaration of
11 Martha Flores in Support of Defendant’s Amended Motion to Compel Arbitration (“Flores Decl.”).
12 4. Attached hereto as Exhibit “D,” Defendant CBRE Group, Inc.’s Memorandum of
13 Points and Authorities in Support of Amended Motion to Compel Arbitration (“CBRE Mot. to
14 Compel Arb.”
15 5. Attached hereto as Exhibit “E,” is a true and correct copy of the “Notice to
16 Employee” which Defendant CBRE is required to issue to Plaintiff at the commencement of her
17 employment pursuant to Labor Code § 2810.5. The document identifies “CBRE Group, Inc.” as an
18 “Other Name Employer is doing business as.” This document was produced by CBRE in discovery
19 as bates numbers CBRE_000006-7. This document was submitted to the Arbitrator in opposition
20 to CBRE’s motion for summary judgment.
21
22
23
Dated: February 12, 2020 THE VAN VLECK LAW FIRM, LLP
24 Brian F. Van Vleck
25
26
27 By:
Attorneys for Claimant
28 Melissa Woods
DECLARATION OF BRIAN F. VAN VLECK
THE VAN VLECK
ISO POST-TRIAL BRIEF OF PL. WOODS
1
LAW FIRM, LLP
EXHIBIT A
2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State
Alex Padilla
California Secretary of State
Business Search - Entity Detail
The California Business Search is updated daily and reflects work processed through Tuesday, February 11, 2020. Please refer
to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete
or certified record of an entity. Not all images are available online.
C2346048 CBRE GROUP, INC.
Registration Date: 06/05/2001
Jurisdiction: DELAWARE
Entity Type: FOREIGN STOCK
Status: ACTIVE
Agent for Service of Process: C T CORPORATION SYSTEM (C0168406)
To find the most current California registered Corporate Agent
for Service of Process address and authorized employee(s)
information, click the link above and then select the most
current 1505 Certificate.
Entity Address: 400 SOUTH HOPE STREET, 25TH FLOOR
LOS ANGELES CA 90071
Entity Mailing Address: 400 SOUTH HOPE STREET, 25TH FLOOR
LOS ANGELES CA 90071
A Statement of Information is due EVERY year beginning five months before and through the end of June.
Document Type File Date PDF
SI-COMPLETE 06/25/2019
PUBLICLY TRADED DISCLOSURE 05/31/2019
SI-COMPLETE 06/22/2018
PUBLICLY TRADED DISCLOSURE 05/31/2018
PUBLICLY TRADED DISCLOSURE 06/26/2017
PUBLICLY TRADED DISCLOSURE 06/06/2016
PUBLICLY TRADED DISCLOSURE 05/26/2015
PUBLICLY TRADED DISCLOSURE 05/22/2014
PUBLICLY TRADED DISCLOSURE 05/31/2013
https://businesssearch.sos.ca.gov/CBS/Detail 1/2
2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State
Document Type File Date PDF
PUBLICLY TRADED DISCLOSURE 04/30/2012
AMENDED REGISTRATION 10/03/2011
PUBLICLY TRADED DISCLOSURE 05/31/2011
PUBLICLY TRADED DISCLOSURE 05/21/2010
PUBLICLY TRADED DISCLOSURE 06/01/2009
PUBLICLY TRADED DISCLOSURE 06/03/2008
PUBLICLY TRADED DISCLOSURE 05/16/2007
PUBLICLY TRADED DISCLOSURE 06/12/2006
PUBLICLY TRADED DISCLOSURE 05/27/2005
PUBLICLY TRADED DISCLOSURE 07/08/2004 Image unavailable. Please request paper copy.
AMENDED REGISTRATION 02/17/2004
REGISTRATION 06/05/2001
* Indicates the information is not contained in the California Secretary of State's database.
If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to
California Corporations Code section 2114 for information relating to service upon corporations that have surrendered.
For information on checking or reserving a name, refer to Name Availability.
If the image is not available online, for information on ordering a copy refer to Information Requests.
For information on ordering certificates, status reports, certified copies of documents and copies of documents not
currently available in the Business Search or to request a more extensive search for records, refer to Information
Requests.
For help with searching an entity name, refer to Search Tips.
For descriptions of the various fields and status types, refer to Frequently Asked Questions.
Modify Search New Search Back to Search Results
https://businesssearch.sos.ca.gov/CBS/Detail 2/2
EXHIBIT B
2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State
Alex Padilla
California Secretary of State
Business Search - Entity Detail
The California Business Search is updated daily and reflects work processed through Tuesday, February 11, 2020. Please refer
to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete
or certified record of an entity. Not all images are available online.
C0642192 CBRE, INC.
Registration Date: 12/29/1971
Jurisdiction: DELAWARE
Entity Type: FOREIGN STOCK
Status: ACTIVE
Agent for Service of Process: C T CORPORATION SYSTEM (C0168406)
To find the most current California registered Corporate Agent
for Service of Process address and authorized employee(s)
information, click the link above and then select the most
current 1505 Certificate.
Entity Address: 400 S HOPE ST., 25TH FLOOR
LOS ANGELES CA 90071
Entity Mailing Address: 400 S HOPE ST., 25TH FLOOR
LOS ANGELES CA 90071
A Statement of Information is due EVERY year beginning five months before and through the end of December.
Document Type File Date PDF
SI-COMPLETE 12/17/2019
SI-COMPLETE 12/19/2018
AMENDED REGISTRATION 10/03/2011
AMENDED REGISTRATION 04/20/1998
AMENDED REGISTRATION 03/11/1991
1505 CERTIFICATE 07/14/1989
AMENDED REGISTRATION 05/27/1980 Image unavailable. Please request paper copy.
REGISTRATION 12/29/1971 Image unavailable. Please request paper copy.
* Indicates the information is not contained in the California Secretary of State's database.
If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to
California Corporations Code section 2114 for information relating to service upon corporations that have surrendered.
For information on checking or reserving a name, refer to Name Availability.
https://businesssearch.sos.ca.gov/CBS/Detail 1/2
2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State
If the image is not available online, for information on ordering a copy refer to Information Requests.
For information on ordering certificates, status reports, certified copies of documents and copies of documents not
currently available in the Business Search or to request a more extensive search for records, refer to Information
Requests.
For help with searching an entity name, refer to Search Tips.
For descriptions of the various fields and status types, refer to Frequently Asked Questions.
Modify Search New Search Back to Search Results
https://businesssearch.sos.ca.gov/CBS/Detail 2/2
EXHIBIT C
EXHIBIT D
EXHIBIT E
CBRE_000006
CBRE_000007
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.
I, the undersigned, declare that I am employed in the aforesaid County, State of California. I am over the age of
3 18 and not a party to the within action. My business address is 5757 Wilshire Boulevard, Suite 535, Los Angeles,
California 90036. On February 12, 2020, I served upon the interested party(ies) in this action the following
4 document described as: DECLARATION OF MELISSA WOODS IN SUPPORT OF POST-TRIAL BRIEF
OF PLAINTIFF MELISSA WOODS
5
Barbara J. Miller
6 Christopher Taylor
MORGAN LEWIS
7 600 Anton Blvd., Ste. 1800
Costa Mesa, CA 92626-7653
8
By the following methods:
9 [BY MAIL] By placing such envelope(s) with postage thereon fully prepaid into the Van Vleck Law
Firm, LLP's interoffice mail for collection and mailing pursuant to ordinary business practice. I am
10 familiar with the office practice of the Van Vleck Law Firm, LLP for collecting and processing mail with
the United States Postal Service, which practice is that when mail is deposited with the Van Vleck Law
11 Firm, LLP personnel responsible for depositing mail with the United States Postal Service, such mail is
deposited that same day in a post box, mailbox, sub-post office, substation, mail chute, or other like
12 facility regularly maintained by the United States Postal Service in Los Angeles, California.
13 X [BY E-MAIL] I hereby certify that this document was served from Los Angeles, California by e-mail
delivery on the party(ies) listed herein at their most recent known e-mail address(es) or e-mail
14 address(es) of record in this action, using One Legal, a court-approved e-service vendor.
[BY FACSIMILE] By transmitting a true and correct copy of the document described above by facsimile
15 machine, number (323) 592-3506, to the person(s) stated above at the facsimile number(s) indicated.
The transmission was reported as complete without any error by a transmission report issued by the
16 facsimile machine upon which the said transmission was made immediately following the transmission.
17 [BY OVERNIGHT COURIER] By placing such sealed envelope(s) into the Norco Delivery Services
box located at 6399 Wilshire Boulevard, Los Angeles, CA 90048.
18 [BY HAND DELIVERY – ACE ATTORNEY SERVICE] I, the undersigned, declare that I am
employed in the aforesaid County, State of California. I am over the age of 18 and not a party to the
19 within action. I caused to be personally delivered a true and correct copy of the document described
above in a sealed envelope(s) to the address stated above.
20
X [STATE] I declare under penalty of perjury under the laws of the State of California that the foregoing is
21 true and correct.
[FEDERAL] I declare that I am employed in the office of a member of the Bar of or permitted to practice
22 before this Court at whose direction this service was made.
23 Executed on February 12, 2020, at Los Angeles, California.
24
Michael Kost
25
(Type or print name) (Signature)
26
27
28
DECLARATION OF BRIAN F. VAN VLECK
THE VAN VLECK
ISO POST-TRIAL BRIEF OF PL. WOODS
1
LAW FIRM, LLP
Preview
1 THE VAN VLECK LAW FIRM, LLP Brian F. Van Vleck, State Bar No. 155250 2 Stuart H. Kluft. State Bar No. 315081 ELECTRONICALLY 5757 Wilshire Boulevard, Suite 535 3 Los Angeles, California 90036 F I L E D Superior Court of California, Telephone: (323) 920-0250 County of San Francisco 4 Facsimile: (323) 920-0249 02/13/2020 Clerk of the Court 5 Attorneys for Plaintiff, BY: RONNIE OTERO Melissa Woods Deputy Clerk 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 11 MELISSA WOODS, ) CASE No: CGC 14-537527 ) 12 Claimant, ) vs. ) DECLARATION OF BRIAN F. VAN 13 ) VLECK IN SUPPORT OF POST-TRIAL CBRE GROUP, INC., and DOES 1 through 100 ) BRIEF OF PLAINTIFF MELISSA 14 inclusive ) WOODS ) 15 Respondent. ) ) Trial Date: January 27, 2020 16 ) ) 17 ) ) 18 ) ) 19 ) ) 20 21 22 23 24 25 26 27 28 DECLARATION OF BRIAN F. VAN VLECK THE VAN VLECK LAW FIRM, LLP ISO POST-TRIAL BRIEF OF PL. WOODS 1 DECLARATION OF BRIAN F. VAN VLECK 2 I, Brian F. Van Vleck, declare as follows: 3 1. I am a name partner in The Van Vleck Law Firm, LLP, counsel of record for 4 Plaintiff Melissa Woods. I have personal knowledge of the facts set forth in this Declaration, 5 except as to those matters stated on information and belief, and as to those I believe it to be true. 6 2. Attached hereto as Exhibits “A,” and “B,” respectively are true and correct copies of 7 the California Secretary of State website “Entity Detail” for CBRE, Group Inc., and CBRE, Inc., 8 which reflect the same registered agent for service (CT Corporation System), at the same business 9 address (400 South Hope Street, 25th Floor, Los Angeles, CA 90017. 10 3. Attached hereto as Exhibit “C,” is a true and correct copy of the Declaration of 11 Martha Flores in Support of Defendant’s Amended Motion to Compel Arbitration (“Flores Decl.”). 12 4. Attached hereto as Exhibit “D,” Defendant CBRE Group, Inc.’s Memorandum of 13 Points and Authorities in Support of Amended Motion to Compel Arbitration (“CBRE Mot. to 14 Compel Arb.” 15 5. Attached hereto as Exhibit “E,” is a true and correct copy of the “Notice to 16 Employee” which Defendant CBRE is required to issue to Plaintiff at the commencement of her 17 employment pursuant to Labor Code § 2810.5. The document identifies “CBRE Group, Inc.” as an 18 “Other Name Employer is doing business as.” This document was produced by CBRE in discovery 19 as bates numbers CBRE_000006-7. This document was submitted to the Arbitrator in opposition 20 to CBRE’s motion for summary judgment. 21 22 23 Dated: February 12, 2020 THE VAN VLECK LAW FIRM, LLP 24 Brian F. Van Vleck 25 26 27 By: Attorneys for Claimant 28 Melissa Woods DECLARATION OF BRIAN F. VAN VLECK THE VAN VLECK ISO POST-TRIAL BRIEF OF PL. WOODS 1 LAW FIRM, LLP EXHIBIT A 2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State Alex Padilla California Secretary of State Business Search - Entity Detail The California Business Search is updated daily and reflects work processed through Tuesday, February 11, 2020. Please refer to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online. C2346048 CBRE GROUP, INC. Registration Date: 06/05/2001 Jurisdiction: DELAWARE Entity Type: FOREIGN STOCK Status: ACTIVE Agent for Service of Process: C T CORPORATION SYSTEM (C0168406) To find the most current California registered Corporate Agent for Service of Process address and authorized employee(s) information, click the link above and then select the most current 1505 Certificate. Entity Address: 400 SOUTH HOPE STREET, 25TH FLOOR LOS ANGELES CA 90071 Entity Mailing Address: 400 SOUTH HOPE STREET, 25TH FLOOR LOS ANGELES CA 90071 A Statement of Information is due EVERY year beginning five months before and through the end of June. Document Type File Date PDF SI-COMPLETE 06/25/2019 PUBLICLY TRADED DISCLOSURE 05/31/2019 SI-COMPLETE 06/22/2018 PUBLICLY TRADED DISCLOSURE 05/31/2018 PUBLICLY TRADED DISCLOSURE 06/26/2017 PUBLICLY TRADED DISCLOSURE 06/06/2016 PUBLICLY TRADED DISCLOSURE 05/26/2015 PUBLICLY TRADED DISCLOSURE 05/22/2014 PUBLICLY TRADED DISCLOSURE 05/31/2013 https://businesssearch.sos.ca.gov/CBS/Detail 1/2 2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State Document Type File Date PDF PUBLICLY TRADED DISCLOSURE 04/30/2012 AMENDED REGISTRATION 10/03/2011 PUBLICLY TRADED DISCLOSURE 05/31/2011 PUBLICLY TRADED DISCLOSURE 05/21/2010 PUBLICLY TRADED DISCLOSURE 06/01/2009 PUBLICLY TRADED DISCLOSURE 06/03/2008 PUBLICLY TRADED DISCLOSURE 05/16/2007 PUBLICLY TRADED DISCLOSURE 06/12/2006 PUBLICLY TRADED DISCLOSURE 05/27/2005 PUBLICLY TRADED DISCLOSURE 07/08/2004 Image unavailable. Please request paper copy. AMENDED REGISTRATION 02/17/2004 REGISTRATION 06/05/2001 * Indicates the information is not contained in the California Secretary of State's database. If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. For information on checking or reserving a name, refer to Name Availability. If the image is not available online, for information on ordering a copy refer to Information Requests. For information on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search or to request a more extensive search for records, refer to Information Requests. For help with searching an entity name, refer to Search Tips. For descriptions of the various fields and status types, refer to Frequently Asked Questions. Modify Search New Search Back to Search Results https://businesssearch.sos.ca.gov/CBS/Detail 2/2 EXHIBIT B 2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State Alex Padilla California Secretary of State Business Search - Entity Detail The California Business Search is updated daily and reflects work processed through Tuesday, February 11, 2020. Please refer to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online. C0642192 CBRE, INC. Registration Date: 12/29/1971 Jurisdiction: DELAWARE Entity Type: FOREIGN STOCK Status: ACTIVE Agent for Service of Process: C T CORPORATION SYSTEM (C0168406) To find the most current California registered Corporate Agent for Service of Process address and authorized employee(s) information, click the link above and then select the most current 1505 Certificate. Entity Address: 400 S HOPE ST., 25TH FLOOR LOS ANGELES CA 90071 Entity Mailing Address: 400 S HOPE ST., 25TH FLOOR LOS ANGELES CA 90071 A Statement of Information is due EVERY year beginning five months before and through the end of December. Document Type File Date PDF SI-COMPLETE 12/17/2019 SI-COMPLETE 12/19/2018 AMENDED REGISTRATION 10/03/2011 AMENDED REGISTRATION 04/20/1998 AMENDED REGISTRATION 03/11/1991 1505 CERTIFICATE 07/14/1989 AMENDED REGISTRATION 05/27/1980 Image unavailable. Please request paper copy. REGISTRATION 12/29/1971 Image unavailable. Please request paper copy. * Indicates the information is not contained in the California Secretary of State's database. If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. For information on checking or reserving a name, refer to Name Availability. https://businesssearch.sos.ca.gov/CBS/Detail 1/2 2/12/2020 Business Search - Business Entities - Business Programs | California Secretary of State If the image is not available online, for information on ordering a copy refer to Information Requests. For information on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search or to request a more extensive search for records, refer to Information Requests. For help with searching an entity name, refer to Search Tips. For descriptions of the various fields and status types, refer to Frequently Asked Questions. Modify Search New Search Back to Search Results https://businesssearch.sos.ca.gov/CBS/Detail 2/2 EXHIBIT C EXHIBIT D EXHIBIT E CBRE_000006 CBRE_000007 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. I, the undersigned, declare that I am employed in the aforesaid County, State of California. I am over the age of 3 18 and not a party to the within action. My business address is 5757 Wilshire Boulevard, Suite 535, Los Angeles, California 90036. On February 12, 2020, I served upon the interested party(ies) in this action the following 4 document described as: DECLARATION OF MELISSA WOODS IN SUPPORT OF POST-TRIAL BRIEF OF PLAINTIFF MELISSA WOODS 5 Barbara J. Miller 6 Christopher Taylor MORGAN LEWIS 7 600 Anton Blvd., Ste. 1800 Costa Mesa, CA 92626-7653 8 By the following methods: 9 [BY MAIL] By placing such envelope(s) with postage thereon fully prepaid into the Van Vleck Law Firm, LLP's interoffice mail for collection and mailing pursuant to ordinary business practice. I am 10 familiar with the office practice of the Van Vleck Law Firm, LLP for collecting and processing mail with the United States Postal Service, which practice is that when mail is deposited with the Van Vleck Law 11 Firm, LLP personnel responsible for depositing mail with the United States Postal Service, such mail is deposited that same day in a post box, mailbox, sub-post office, substation, mail chute, or other like 12 facility regularly maintained by the United States Postal Service in Los Angeles, California. 13 X [BY E-MAIL] I hereby certify that this document was served from Los Angeles, California by e-mail delivery on the party(ies) listed herein at their most recent known e-mail address(es) or e-mail 14 address(es) of record in this action, using One Legal, a court-approved e-service vendor. [BY FACSIMILE] By transmitting a true and correct copy of the document described above by facsimile 15 machine, number (323) 592-3506, to the person(s) stated above at the facsimile number(s) indicated. The transmission was reported as complete without any error by a transmission report issued by the 16 facsimile machine upon which the said transmission was made immediately following the transmission. 17 [BY OVERNIGHT COURIER] By placing such sealed envelope(s) into the Norco Delivery Services box located at 6399 Wilshire Boulevard, Los Angeles, CA 90048. 18 [BY HAND DELIVERY – ACE ATTORNEY SERVICE] I, the undersigned, declare that I am employed in the aforesaid County, State of California. I am over the age of 18 and not a party to the 19 within action. I caused to be personally delivered a true and correct copy of the document described above in a sealed envelope(s) to the address stated above. 20 X [STATE] I declare under penalty of perjury under the laws of the State of California that the foregoing is 21 true and correct. [FEDERAL] I declare that I am employed in the office of a member of the Bar of or permitted to practice 22 before this Court at whose direction this service was made. 23 Executed on February 12, 2020, at Los Angeles, California. 24 Michael Kost 25 (Type or print name) (Signature) 26 27 28 DECLARATION OF BRIAN F. VAN VLECK THE VAN VLECK ISO POST-TRIAL BRIEF OF PL. WOODS 1 LAW FIRM, LLP