Motion-Secondary: SALVATORE MINEO INDIVIDUALLY, AND ON BEHALF OF ALL et al VS. CITY SIGHTSEEING CORPORATION, A DELAWARE et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jun-28-2012 4:01 pm

Case Number: CGC-10-504804

Filing Date: Jun-28-2012 4:00
Filed by: MICHAEL RAYRAY

Juke Box: 001 Image: 03670299
DECLARATION

SIGHTSEEING CORPORATION, A DELAWARE et al

SALVATORE MINEO INDIVIDUALLY, AND ON BEHALF OF ALL et al VS. CITY
001003670299

Instructions:
Please place this sheet on top of the document to be scanned.JONES BOTHWELL DION & THOMPSON LLP
ELIZABETH THOMPSON (SBN 112888)
PAUL J. DION (SBN 088231)

44 Montgomery Street, Suite 610

San Francisco, CA 94104-4608

Telephone: (415) 951-8900

Facsimile: (415) 951-8901

Attorneys for Defendant and Cross-Complainant
CitySightseeing Corporation

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION

SALVATORE MINEO, GINA SCHEMBARI,
PHILLIP THOMAS NAILS, BENJAMIN
DUAX and DAVID HAYWARD, individually
and on behalf of all others similarly situated,

Plaintiff,
vs.
CITY SIGHTSEEING CORPORATION, a
Delaware corporation, CITY SIGHTSEEING
WORLDWIDE and DOES 1 through 500,

Defendants.

AND RELATED CROSS-COMPLAINT.

No. CGC-10-504804

DECLARATION OF BEN DAVIS IN
OPPOSITION TO MOTION FOR
CLASS CERTIFICATION

Date:
Time:
Dept.:

July 12, 2012
9:30 a.m.
302

Complaint filed: | October 22, 2010

DECLARATION OF BEN DAVIS IN OPPOSITION 1
TO MOTION FOR CLASS CERTIFICATION

Case No. CGC-10-50480427

28

I, Ben Davis, declare as follows:

1. [have been employed by CitySightseeing Corporation (“CitySightseeing” or
“Company”) in San Francisco since January 2009. I have personal knowledge of the facts
stated below.

2. My primary job is as a tour guide. I sometimes work the front desk or as a
dispatcher. As a dispatcher, ] make sure that customers are directed to the right buses, keep a
count as they board and generally assist with making sure tours depart on time. Some drivers
and guides like to be there when guests are boarding to greet them and make a personal
connection. Other guides and drivers do not appear until immediately before the tour departs.

3. Ihave not been denied my rest and lunch breaks. Drivers and guides have many
breaks. The time between the end of one tour and the beginning of the next tour can be
anywhere from 1/2 hour to two hours long. Sometimes two tours will be scheduled back-to-
back and I have to wait until after the final tour to take a break.

4. Ihave had paychecks returned due to insufficient funds. When that happened,
CitySightseeing gave me a replacement check and reimbursed me for the bank charges. I
have always been made whole.

5. Ihave not had time deducted from my time sheets, and the pay stubs attached to my
paychecks have been accurate. I was once paid an extra $50 to work on my day off.

6. On or about April 14, 2011, I talked with an investigator working on this lawsuit.
She was straightforward, and she explained that she was working with CitySightseeing. She
asked me about my experience at the Company, my feelings about the lawsuit and whether I
would sign a written statement. J voluntarily signed the statement attached to this declaration
as Exhibit A, which correctly states what I said to her.

7. I disagree with this lawsuit, and I do not want to be part of it.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Dated: C/2-7 pe Bux LOO .

DECLARATION OF BEN DAVIS IN OPPOSITION 2 Case No. CGC-10-504804
TO MOTION FOR CLASS CERTIFICATIONHP Officejet Pro 8500 A909a All-in-One series Fax Log for

City Sightseeing
4154408695
Jun 27 2012 5:58PM
Last Transaction
Date Time Type Station ID Duration Pages Result
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Jun27 5:57PM Fax Sent 14159519168 0:00 0 No answer
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Image on Fax Send Report is set to Off

An image of page 1 will appear here for faxes that are sent as Scan and Fax.1, Ben avis we . _» declare:

1. [have been employed by CitySightseeing Corporation (the “Company”) as a
Tour Guide - officé warts; tielet Sellefince 12 - 2009 —_. The following matters arc

personally known to me.

2. Ihave been told about the lawsuit against the Company entitled Salvatore Mineo v.
CitySightseeing Corporation (No. CGC-10-504804) (the “Lawsuit”). The claims being made in
the Lawsuit have been explained to me, and I have had the opportunity to read the Complaint
filed in the Lawsuit. I understand that the Plaintiffs wish to have the case certified by the court
as aclass action, and if that happens that I would be a member of the class.

3. I disagree with this case proceeding as a class action, and I do not want to be a part

of this case. [ feel this way because _ Tt Ge lreve Tha va avod

wd © lage laren treat of
late. teen Fairley by them. Tag lave

WeQoodk we aud Vin Mere idan $ an

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

patea: 4/14 2086 _ Ger, Le C

Exhibit A Case No. CGC-10-504804