Preview
2 <0;
’3
KELLY LITIGATION GROUP, INC.
Richard M. Kelly, Esq. SBN 154504
Michael Mengarelli, Esq. SBN 215000
3 Lagoon Drive, Suite 225
FILED
SAN MATEO COUNTY
Redwood City, CA 94065 MAN} 1 2018
Telephone: (650) 591-2282
Facsimile: (650) 591-2292 @tamWr
/
Court
'
By m..- .m.
\OOOQG\UIAUJNH
CHAUVEL & GLATT, LLP
April S. Glatt, Esq. SBN 185708
769mm
[479
Thomas J. Walsh, Esq. SBN 311862
66 Bovet Road, Suite 280 £7)!
San Mateo, CA 94402
Telephone: (650) 573-9500
Facsimile: (650) 573-9689 7%
Attorneys for Plaintiffs and Cross-Defendants,
MATTHEW SQUIRES and NICOLE SQUIRES
650-573-9500
LLP
|
94402
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
'
IN AND FOR THE COUNTY OF SAN MATEO
GLATT,
CA
(UNLIMITED CIVIL JURISDICTION)
Mateo,
MATTHEW SQUIRES; NICOLE SQUIRES, Case No.: 18CIV00846
&
|
San
280
Plaintiffs,
DECLARATION OF APRIL S. GLATT IN
CHAUVEL
vs. SUPPORT OF PLAINTIFF MATTHEW
Suite
R.C. WEHMEYER CONSTRUCTION, INC., dba SQUIRES AND NICOLE SQUIRES’
Road,
WEHMEYER CUSTOM HOMES; ROBERT C. FIRST, SECOND AND’THIRD MOTIONS
NNNNNNNNNr—lr—lr—AHHHr—AHp—AH
WEHMEYER, an individual; AMERCIAN TO COMPEL
Bovet
CONTRACTORS INDEMNITY COMPANY;
66 and DOES 1 through 20, inclusive, (Filed concurrently with Defendant’s Notice
of Motion and Motion to Compel Discovery;
ooqcxmakwNcooaI-tr-tc
Defendants. Memorandum of Points and Authorities in
R.C. WEHMEYER CONSTRUCTION, INC., dba Support thereof; Declaration of April S. Glatt; ‘
WEHMEYER CUSTOM HOMES; ROBERT C. and [Proposed] Order)
WEHMEYER, JEFFREY BORDIN AND Date: July 12, 2018
GREGORIO MARTINEZ, Time: 9:00 am.
_
Dept.: Law and Motion
Cross-Complainants,
('13— DIV-400846
TF— ‘
VS. DIS
1
Declaration in Support
MATTHEW SQUIRES; NICOLE SQUIRES, and ;
1183993
ROES 1 through 10,
Cross-Defendants. ill WIHIHHIHIHilllllfllllfllll
_ g
1
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
I, April S. Glatt, hereby declares and certifies as follows:
1. I am an attorney duly licensed to practice law in the State of California, am a Partner at
the Law Offices of Chauvel & Glatt, LLP (“C&G”) and one of the attorneys of record for Plaintiffs
Matthew and Nicole Squires (“Squires”). I received my Juris Doctor from the University of San Diego
\DOOQONUl-BMNr—l
School of Law in 1996. My practice focuses on civil litigation with an emphasis in employment
representing employer side only.
2. I have personal knowledge of the facts set forth in this Declaration and could testify
competently to them if called upon to do so.
ORGANIZATION OF FIRST, SECOND AND THIRD MOTION TO COMPEL
3. Squires have filed three simultaneous motions to compel discovery in this matter. These
650-573-9500
motions have been separated to address the following, individually:
LLP
|
94402
a. Squires’ First motion addresses all discovery that has not been responded to;
b. Squires’ Second motion addresses discovery responses received on April 17, 2018; and
CA
GLATT,
Mateo,
c. Squires’ Third motion addresses discovery responses received on May 21, 2018.
&
|
San
280
DISCOVERY PROPOUNDED BY SQUIRES
CHAUVEL
4. On March 7, 2018, I served, or caused to be served by electronic mail: Form
Suite
Interrogatories — Construction, Set One (“Exhibit A”) to Defendant R.C. Wehmeyer Construction, Inc.
Road,
(“RCWC”); Form Interrogatories — Construction, Set One (“Exhibit B”) to Defendant Robert C.
Bovet
NNNNNNNNNHHHHHHI—IHHH
66
“\IOKUIAMNHO\D%\IO\UI-RDJNHC
Wehmeyer (“Wehmeyer”) (RCWC and Wehmeyer are collectively referred to as “Defendants”);
Special Interrogatories — Set One to RCWC (“Exhibit C”); Request for Production, Set One to RCWC
(“Exhibit‘D”); Special Interrogatories — Set One to Wehmeyer (“Exhibit E”); and Requests for
Production, Set One to Wehmeyer (“Exhibit F”).
5. Responses to the discovery served on March 7, 2018 was originally due on April 11,
2018.
6. On March 27, 2018, I served, or caused to be served by electronic mail: Form
Interrogatories — Construction, Set Two to RCWC (“Exhibit G”) and Form Interrogatories —
Construction, Set Two to Wehmeyer (“Exhibit H”).
2
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
7. Responses to the discovery served on March 27, 2018 were due on May 1, 2018.
8. On April 10, 2018, I served, or caused to be served, by electronic mail, Special
Interrogatories, Set One to RCWC (“Exhibit 1”); Special Interrogatories, Set One to Wehmeyer
(“Exhibit J”); Special Interrogatories, Set One to Cross-ComplainantGregorio Martinez (“Martinez”)
(“Exhibit K”); Form Interrogatories —-
General, Set One to Martinez (“Exhibit L”); Special
\DOOQOUl-BMNH
Interrogatories, Set One to Cross-Complainant Jeffrey Bordin (“Bordin”) (“Exhibit M”); and Form
Interrogatories — General, Set One to Bordin (“Exhibit N”).
9. Responses to the discovery served on April 10, 2018 were due on May 15, 2018.
10. On April 16, 2018, I served, or caused to be served by electronic mail: Requests for
650-573-9500
Production, Set One to RCWC (“Exhibit 0”); Requests for Production, Set One to Martinez (“m
B”); and Requests for Production, Set One to Bordin (“Exhibit Q”).
LLP
I 11. Responses to the/discovery served on April 16, 2018 were due on May 21, 2018.
94402
CA
DEFENDANTS, BORDIN & MARTINEZ’S RESPONSES TO SQUIRES DISCOVERY
GLATT,
Mateo, 12. On April 17, 2018 our office was served via electronic mail with: R. C. Wehmeyer
&
|
San Construction ’s Response to Squires’ First Request for Production of Documents (“Exhibit R”); R. C.
Wehmeyer Construction, Inc. ’s Responses to
280
CHAUVEL
First Specially Prepared Interrogatories Propounded by
Suite
Matthew Squires (“Exhibit S”); Robert C. Wehmeyer ’s Responses to First Specially Prepared
Road,
Interrogatories Propounded by Matthew Squires (“Exhibit T”); and-Robert C. Wehmeyer ’s Response
Bovet
66 NNNNNNNNNHHHHHHHHHH
“\IO\m-RUJNH©\DW\IONUIAOJN_HO
Squires’ First Request for Production of Documents (“Exhibit U”).
13. On May 21, 2018 our office was served via electronic mail with: R. C. Wehmeyer
Construction Inc. ’s Response to Nicole Squires’ First Request for Production of Documents (“Mt
’
y”); Cross-Complainant Robert C. Wehmeyer ’s Response to Nicole Squires First Specially Prepared
Interrogatories (“Exhibit W”); Cross-Complainant Gregorio Martinez’ Response to Nicole Squires’
First Form Interrogatories (“Exhibit X”); Gregorio Martinez ’5 Response to Nicole Squires’ First
Request for Production of Documents (“Exhibit Y”); Cross-Complainant Gregorio Martinez ’s
Response to Nicole Squires’ First Specially Prepared Interrogatories (“Exhibit Z”); Cross-
’
Complainant Jeflrey Bordin ’s Response to Nicole Squires First Form Interrogatories (“Exhibit AA”);
. 3
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
Jefi’ery Bordin ’s Response to Nicole Squires’ First Request for Production of Documents (“m
E”); and Cross-Complainant Jejfi'ey Bordin ’s Response to Nicole Squires ’ First Specially Prepared
Interrogatories (“Exhibit CC”).
MEET AND CONFER EFFORTS / COMMUNICATIONS WITH OPPOSING COUNSEL
14. On April 27, 2018, I sent a formal meet and confer letter to Defendants’ counsel regarding
\DOOQGNUI-ROJNH
Defendants’ improper responses and objections to requests for production (“Exhibit DD”).
15. On May 2, 2018, I sent a formal meet and confer letter (“Exhibit EE”) to Defendants’
counsel: (a) reminding Defendants of their duty to respond to discovery, specifically requesting
responses to the form interrogatories served to Defendants on March 27, 2018; and (b) specifically
identifying each improper response or objection to special interrogatories propounded to RCWC and/or
650-573-9500
Wehmeyer.
LLP
|
94402
16. Defendants’ counsel never responded to my May 2, 2018 meet and confer letter.
CA
17. On May 16, 2018, I sent another formal meet and confer letter (“Exhibit FF”) reminding
GLATT,
Mateo, Defendants of their duty to respond to discovery and specifically seeking answers to various requests,
&
I
San
280
including the Special Interrogatories served to RCWC on April 10, 2018.
CHAUVEL
18. On May 18, 2018, Defendants’ counsel represented that a motion to compel was not
Suite
necessary and Defendants would provide responses and discovery by May 22, 2018 (“Exhibit GG”). I
Road,
responded on May 21, 2018 to make it clear that Squires will not permit any additional extensions and
Bovet
66
NNNNNNNNNHr—IHHHHHHp—H
ooqaxmamNHccooqcI-tn—Ic
reasserting our position that documents and responses are warranted. (“Exhibit HH”)
19. Squires has no choice but to file the accompanying First Motion to Compel,
notwithstanding the numerous attempts to informally resolve the lack of discovery provided by
Plaintiffs.
20. No additional, original or supplemental responses or documents have been received as of
the date of this declaration.
ATTORNEYS’ FEES AND COSTS FOR FILING OF EACH MOTION TO COMPEL
21. As a result of Defendants willful disregard for the discovery propounded, Squires thus
far has incurred 'attorney’ 3 fees, which does not include the hearing scheduledfor the First, Second and
4 .
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
Third Motions to Compel and associated costs, currently totaling $20,842.50 for all three motions.
Attached hereto as “Exhibit 11” is the billing associated with undersigned’s attempts to meet and confer
informally with Defendants’ counsel and the work to bring these First, Second and Third Motions to
Compel. The attached itemized bill is the time myself and Mr. Walsh have spent on researching;
\OMQQUIADJNH
strategizing; communications with opposing counsel; meeting and conferring with Mr. Newcomb in
attempts to informally resolve these discovery disputes; drafting the instant motion and filing, serving
of same, to represent Squires.1
22. I have handled numerous employment matters throughout my career. My hourly rate is
$375 which is commensurate, or lower, than attorneys with like experience and location in the Bay
Area.
650-573-9500
23. I work in conjunction with Thomas J. Walsh, Esq. (“Mn Walsh”), my associate attorney,
LLP
I duly licensed in California as well as Florida. Mr. Walsh has been an attorney with C&G for over one
94402
CA
year and has been a licensed attorney for 6 years receiving his Juris Doctor from ShepardBroad Law
GLATT,
Mateo, Center at Nova Southeastern University in 2012. Mr. Walsh’s hourly rate is $325/hour and is
&
|
San commensurate with other practicing attorneys with like experience and location in the Bay Area.
CI-IAUVEL
280
24. Chauvel & Glatt, LLP uses the recognized legal billing system Cosmolex to record time,
Suite
fees and costs expended in this matter. Contemporaneous with work throughout this case, I entered the
Road,
time I spent with a detailed description of what was accomplished, properly recording all work billed
Bovet
NNNNNNN,NNHHHHHHHH|—AH
66
ooqcxm-AMNcoocUl-AUJNHO as did the other attorneys who worked on this matter, including Mr. Walsh. At the end of each month,
both I and Mr. Walsh reviewed our billings on this matter to ensure accuracy.
25. Since March 7, 2018, myself and Mr. Walsh have conducted reasonable and necessary
work in this matter to obtain legitimate discoverable information to adequately defend our client which
Defendants’ counsel refuses to provide.
1
Exhibit II only contains the billings attributable to the meet and confer process which led to the instant Motion to Compel
for which Squires seek sanctions from this Court. All other time and entries and billings have been redacted.
5
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
26. I have conducted a total of 10.00 hours of billable hours of work on this matter and my
L
time is billed at a rate of $365 .00 per hour for THREE THOUSAND SIX HUNDRED AND FIFTY
DOLLARS and 00/100 dollars ($3,650.00) as of the date of this declaration.
27. Mr. Walsh has conducted a total of 52.9 hours of billable hours of work on this matter
\OOOQQUI-BWNb—l
and his time is billed at a rate of $325.00 per hour for SEVENTEEN THOUSAND ONE HUNDRED
AND NINETY—TWO DOLLARS and 50/ 100 dollars ($17,192.50) as of the date of this declaration.
'28. The total amount requested from this court, which does not include the hearing scheduled
for these First, Second and Third Motions to Compel and associated costs and associated costs or
’
attorneys fees and costs of co-counsel, currently totals $20,842.50
ATTORNEYS’ FEES AND COSTS FOR BRINGING THE FIRST MOTION TO COMPEL
650-573-9500
29. I have conducted a total of 4.0 hours of billable hours of work on Squires’ First Motion
LLP
I to Compel and my time is billed at a rate of $365.00 per hour for ONE THOUSAND FOUR
94402
CA
HUNDRED AND SIXTY DOLLARS and 00/ 100 dollars ($1,460) as of the date of this declaration.
GLATT,
Mateo,
30. Mr. Walsh has conducted a total of 13.5 hours of billable hours of work on bringing ‘
&
|
San
280
Squires’ First Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR
CHAUVEL THOUSAND THREE HUNDRED AND EIGHTY-SEVEN DOLLARS and 50/100 dollars
Suite
($4,387.50) as of the date of this declaration.
Road,
NNNNNNNNHHHHi—IHHHHH
31. The total amount requested from this court for the bringing on Squires’ First Motion to
Bovet
66
\IQUIAOJNHGWOO\1¢\UIAMNHG
Compel Discovery, which does notinclude thehearing scheduled for this First Motion to Compel and
associated costs or attorneys ’ fees and costs of co-counsel, currently totals $5,847.50
ATTORNEYS’ FEES AND COSTS FOR BRINGING THE SECOND MOTION TO COMPEL
32. I have conducted a total of 3.0 hours of billable hours of work on Squires’ Second Motion
to Compel and my time is billed at a rate of $365.00 per hour for ONE THOUSAND AND NINETY-
FIVE DOLLARS and 00/ 100 dollars ($1,095) as of the date of this declaration.
33. Mr. Walsh has conducted a total of 26.6 hours of billable hours of work on bringing
Squires’ Second Motion to Compel and his time is billed at a rate of $325 .00 per hour for EIGHT
NW
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
THOUSAND SIX HUNDRED AND FORTY-FIVE DOLLARS and 00/100 dollars ($8,645) as of the
N-l—l
I
date of this declaration.
be)
34. The total amount requested from this court for the bringing on Squires’ Second Motion
A to Compel Discovery, which does not include the hearing scheduled for this Second Motion to Compel
’
U] and associated costs and associated costs or attorneys fees and costs of co—counsel, currently totals
ON
$9,740.00.
\1 ATTORNEYS’ FEES AND COSTS FOR BRINGING THE THIRD MOTION TO COMPEL
00 35. I have conducted a total of 3.0 hours of billable hours of work on Squires’ First Motion
\9 to Compel and my time is billed at a rate of $365.00 per hour for ONE THOUSAND AND NINETY-
FIVE DOLLARS and 00/ 100 dollars ($1,095) as of the date of this declaration.
650-573-9500
36. Mr. Walsh has conducted a total of 12.8 hours of billable hours of work on bringing
LLP
[ Squires’ Third Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR
94402
CA
THOUSAND ONE HUNDRED AND SIXTY DOLLARS and 00/ 100 dollars ($4,160) as of the date
GLATT,
Mateo, of this declaration.
&
|
San 37. The total amount requested from this court for the bringing on Squires’ Third Motion to
Compel Discovery, which does not include the hearing scheduled for this Third Motion to Compel and
280
CHAUVEL
Suite
associated costs and associated costs or attorneys’ fees and costs of co-counsel, currently totals
Road,
W
ooqIAMNHckcoocUI-tl—to
$5,255.00
Bovet
66 NNNNNNNNNHHHHHHHHHH
Under penalty of perjury under the laws of the State of California, the undersigned declares that
the foregoing is true and correct.
,
Dated this 3 lst day of May 2018.
APRIL 5. GLA‘r’T
7
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
PROOF OF SERVICE
Code of Civil Procedure § 1013
Case: Matthew Squires; Nicole Squires iv. R.C. Wehmeyer Construction, Inc., et a],
Case No.: 18CIV00846 (San Mateo County Superior Court—Unlimited Civil Jurisdiction)
I am a citizen of the United States and an employee in San Mateo in the County of San Mateo,
\OOOQQUIAMNh—t
State of California. I am over the age of eighteen and not one of the parties to the within action. My
business address is 66 Bovet Road, Suite 280, San Mateo, California 94402. My address for electronic
service is 1inda@chauvellaw.com. -
On the 3lst day of May 2018, I served the following document:
DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES
650-573-9500
AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL on the
LLP
| parties in this action by causing it to be electronically transmitted or by causing a true copy thereof to
94402
be placed in a sealed envelope addressed as shown below for service as designated below:
CA
By First Class Mail: I deposited each such envelope, with first class postage thereon fully
GLATT,
(A)
prepaid, in a recognized place of deposit of the U.S.'mail in San Mateo, California, for collection
Mateo,
& and mailing to the office of the addressee on the date shown herein.
[
San
'
CHAUVEL
280
(B) By US Express Mail: I am readily familiar with the practice of Chauvel & Glatt, LLP for the
Suite collection and processing of correspondence for mailing Express Mail with the United States
Postal Service. I caused each such envelope, with the proper postage used for US Express Mail
thereon fully prepaid, to be deposited in a recognized place of deposit for US Express Mail in
Road,
Bovet NNNNNNNNNHHHHHI—IHHHH
San Mateo, California, for collection and mailing to the office of the addressee on the date shown
WQQM&WNHO\DWQG\UI&MNHO
herein.
66
(C) By Personal Service: I caused each such envelope to be personally delivered to the office of
the addressee by a member'of the staff of this law firm on the date last written below.
(D) By Messenger Service: I am readily familiar with the practice of Chauvel & Glatt, LLP for
messenger delivery, andI caused each such envelope to be delivered to a courier employed by,
who personally delivered each such envelope to the office of the addressee on the date last
written below.
(B) By Federal Express: I am readily familiar with the practice of Chauvel & Glatt, LLP for the
collection of overnight courier deliveries, and I caused each such envelope to be delivered to
at San Mateo, California, to be delivered to the office
of the addressee on the next business day. I deposited this package at the -
location.
,
1
PROOF OF SERVICE
(F) By Facsimile Transmission: I caused such document to be served via Facsimile electronic
equipment transmission (fax) on the parties in this action by transmitting a true copy to the
addressee at the fax number indicated below.
(G) Bv Electronic Transmission: On May 31, 2018, at or about 12:30 pm, I caused such document
to be served via electronic transmission on the parties in this action by transmitting a true copy to the
\OWQQUIADJNI—l
addressee at the e-mail address indicated below. The aforementioned transmission was reported as
complete and without error.
Type of Service Addressee Party
G Brian Newcomb Defendants, R.C. Wehmeyer
Attorney At Law Construction, Inc., dba
770 M61110 Avenue, Suite 101 Wehmeyer Custom Homes;
Menlo Park, CA 94025
Preview
2 <0; ’3 KELLY LITIGATION GROUP, INC. Richard M. Kelly, Esq. SBN 154504 Michael Mengarelli, Esq. SBN 215000 3 Lagoon Drive, Suite 225 FILED SAN MATEO COUNTY Redwood City, CA 94065 MAN} 1 2018 Telephone: (650) 591-2282 Facsimile: (650) 591-2292 @tamWr / Court ' By m..- .m. \OOOQG\UIAUJNH CHAUVEL & GLATT, LLP April S. Glatt, Esq. SBN 185708 769mm [479 Thomas J. Walsh, Esq. SBN 311862 66 Bovet Road, Suite 280 £7)! San Mateo, CA 94402 Telephone: (650) 573-9500 Facsimile: (650) 573-9689 7% Attorneys for Plaintiffs and Cross-Defendants, MATTHEW SQUIRES and NICOLE SQUIRES 650-573-9500 LLP | 94402 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ' IN AND FOR THE COUNTY OF SAN MATEO GLATT, CA (UNLIMITED CIVIL JURISDICTION) Mateo, MATTHEW SQUIRES; NICOLE SQUIRES, Case No.: 18CIV00846 & | San 280 Plaintiffs, DECLARATION OF APRIL S. GLATT IN CHAUVEL vs. SUPPORT OF PLAINTIFF MATTHEW Suite R.C. WEHMEYER CONSTRUCTION, INC., dba SQUIRES AND NICOLE SQUIRES’ Road, WEHMEYER CUSTOM HOMES; ROBERT C. FIRST, SECOND AND’THIRD MOTIONS NNNNNNNNNr—lr—lr—AHHHr—AHp—AH WEHMEYER, an individual; AMERCIAN TO COMPEL Bovet CONTRACTORS INDEMNITY COMPANY; 66 and DOES 1 through 20, inclusive, (Filed concurrently with Defendant’s Notice of Motion and Motion to Compel Discovery; ooqcxmakwNcooaI-tr-tc Defendants. Memorandum of Points and Authorities in R.C. WEHMEYER CONSTRUCTION, INC., dba Support thereof; Declaration of April S. Glatt; ‘ WEHMEYER CUSTOM HOMES; ROBERT C. and [Proposed] Order) WEHMEYER, JEFFREY BORDIN AND Date: July 12, 2018 GREGORIO MARTINEZ, Time: 9:00 am. _ Dept.: Law and Motion Cross-Complainants, ('13— DIV-400846 TF— ‘ VS. DIS 1 Declaration in Support MATTHEW SQUIRES; NICOLE SQUIRES, and ; 1183993 ROES 1 through 10, Cross-Defendants. ill WIHIHHIHIHilllllfllllfllll _ g 1 DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL I, April S. Glatt, hereby declares and certifies as follows: 1. I am an attorney duly licensed to practice law in the State of California, am a Partner at the Law Offices of Chauvel & Glatt, LLP (“C&G”) and one of the attorneys of record for Plaintiffs Matthew and Nicole Squires (“Squires”). I received my Juris Doctor from the University of San Diego \DOOQONUl-BMNr—l School of Law in 1996. My practice focuses on civil litigation with an emphasis in employment representing employer side only. 2. I have personal knowledge of the facts set forth in this Declaration and could testify competently to them if called upon to do so. ORGANIZATION OF FIRST, SECOND AND THIRD MOTION TO COMPEL 3. Squires have filed three simultaneous motions to compel discovery in this matter. These 650-573-9500 motions have been separated to address the following, individually: LLP | 94402 a. Squires’ First motion addresses all discovery that has not been responded to; b. Squires’ Second motion addresses discovery responses received on April 17, 2018; and CA GLATT, Mateo, c. Squires’ Third motion addresses discovery responses received on May 21, 2018. & | San 280 DISCOVERY PROPOUNDED BY SQUIRES CHAUVEL 4. On March 7, 2018, I served, or caused to be served by electronic mail: Form Suite Interrogatories — Construction, Set One (“Exhibit A”) to Defendant R.C. Wehmeyer Construction, Inc. Road, (“RCWC”); Form Interrogatories — Construction, Set One (“Exhibit B”) to Defendant Robert C. Bovet NNNNNNNNNHHHHHHI—IHHH 66 “\IOKUIAMNHO\D%\IO\UI-RDJNHC Wehmeyer (“Wehmeyer”) (RCWC and Wehmeyer are collectively referred to as “Defendants”); Special Interrogatories — Set One to RCWC (“Exhibit C”); Request for Production, Set One to RCWC (“Exhibit‘D”); Special Interrogatories — Set One to Wehmeyer (“Exhibit E”); and Requests for Production, Set One to Wehmeyer (“Exhibit F”). 5. Responses to the discovery served on March 7, 2018 was originally due on April 11, 2018. 6. On March 27, 2018, I served, or caused to be served by electronic mail: Form Interrogatories — Construction, Set Two to RCWC (“Exhibit G”) and Form Interrogatories — Construction, Set Two to Wehmeyer (“Exhibit H”). 2 DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL 7. Responses to the discovery served on March 27, 2018 were due on May 1, 2018. 8. On April 10, 2018, I served, or caused to be served, by electronic mail, Special Interrogatories, Set One to RCWC (“Exhibit 1”); Special Interrogatories, Set One to Wehmeyer (“Exhibit J”); Special Interrogatories, Set One to Cross-ComplainantGregorio Martinez (“Martinez”) (“Exhibit K”); Form Interrogatories —- General, Set One to Martinez (“Exhibit L”); Special \DOOQOUl-BMNH Interrogatories, Set One to Cross-Complainant Jeffrey Bordin (“Bordin”) (“Exhibit M”); and Form Interrogatories — General, Set One to Bordin (“Exhibit N”). 9. Responses to the discovery served on April 10, 2018 were due on May 15, 2018. 10. On April 16, 2018, I served, or caused to be served by electronic mail: Requests for 650-573-9500 Production, Set One to RCWC (“Exhibit 0”); Requests for Production, Set One to Martinez (“m B”); and Requests for Production, Set One to Bordin (“Exhibit Q”). LLP I 11. Responses to the/discovery served on April 16, 2018 were due on May 21, 2018. 94402 CA DEFENDANTS, BORDIN & MARTINEZ’S RESPONSES TO SQUIRES DISCOVERY GLATT, Mateo, 12. On April 17, 2018 our office was served via electronic mail with: R. C. Wehmeyer & | San Construction ’s Response to Squires’ First Request for Production of Documents (“Exhibit R”); R. C. Wehmeyer Construction, Inc. ’s Responses to 280 CHAUVEL First Specially Prepared Interrogatories Propounded by Suite Matthew Squires (“Exhibit S”); Robert C. Wehmeyer ’s Responses to First Specially Prepared Road, Interrogatories Propounded by Matthew Squires (“Exhibit T”); and-Robert C. Wehmeyer ’s Response Bovet 66 NNNNNNNNNHHHHHHHHHH “\IO\m-RUJNH©\DW\IONUIAOJN_HO Squires’ First Request for Production of Documents (“Exhibit U”). 13. On May 21, 2018 our office was served via electronic mail with: R. C. Wehmeyer Construction Inc. ’s Response to Nicole Squires’ First Request for Production of Documents (“Mt ’ y”); Cross-Complainant Robert C. Wehmeyer ’s Response to Nicole Squires First Specially Prepared Interrogatories (“Exhibit W”); Cross-Complainant Gregorio Martinez’ Response to Nicole Squires’ First Form Interrogatories (“Exhibit X”); Gregorio Martinez ’5 Response to Nicole Squires’ First Request for Production of Documents (“Exhibit Y”); Cross-Complainant Gregorio Martinez ’s Response to Nicole Squires’ First Specially Prepared Interrogatories (“Exhibit Z”); Cross- ’ Complainant Jeflrey Bordin ’s Response to Nicole Squires First Form Interrogatories (“Exhibit AA”); . 3 DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL Jefi’ery Bordin ’s Response to Nicole Squires’ First Request for Production of Documents (“m E”); and Cross-Complainant Jejfi'ey Bordin ’s Response to Nicole Squires ’ First Specially Prepared Interrogatories (“Exhibit CC”). MEET AND CONFER EFFORTS / COMMUNICATIONS WITH OPPOSING COUNSEL 14. On April 27, 2018, I sent a formal meet and confer letter to Defendants’ counsel regarding \DOOQGNUI-ROJNH Defendants’ improper responses and objections to requests for production (“Exhibit DD”). 15. On May 2, 2018, I sent a formal meet and confer letter (“Exhibit EE”) to Defendants’ counsel: (a) reminding Defendants of their duty to respond to discovery, specifically requesting responses to the form interrogatories served to Defendants on March 27, 2018; and (b) specifically identifying each improper response or objection to special interrogatories propounded to RCWC and/or 650-573-9500 Wehmeyer. LLP | 94402 16. Defendants’ counsel never responded to my May 2, 2018 meet and confer letter. CA 17. On May 16, 2018, I sent another formal meet and confer letter (“Exhibit FF”) reminding GLATT, Mateo, Defendants of their duty to respond to discovery and specifically seeking answers to various requests, & I San 280 including the Special Interrogatories served to RCWC on April 10, 2018. CHAUVEL 18. On May 18, 2018, Defendants’ counsel represented that a motion to compel was not Suite necessary and Defendants would provide responses and discovery by May 22, 2018 (“Exhibit GG”). I Road, responded on May 21, 2018 to make it clear that Squires will not permit any additional extensions and Bovet 66 NNNNNNNNNHr—IHHHHHHp—H ooqaxmamNHccooqcI-tn—Ic reasserting our position that documents and responses are warranted. (“Exhibit HH”) 19. Squires has no choice but to file the accompanying First Motion to Compel, notwithstanding the numerous attempts to informally resolve the lack of discovery provided by Plaintiffs. 20. No additional, original or supplemental responses or documents have been received as of the date of this declaration. ATTORNEYS’ FEES AND COSTS FOR FILING OF EACH MOTION TO COMPEL 21. As a result of Defendants willful disregard for the discovery propounded, Squires thus far has incurred 'attorney’ 3 fees, which does not include the hearing scheduledfor the First, Second and 4 . DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL Third Motions to Compel and associated costs, currently totaling $20,842.50 for all three motions. Attached hereto as “Exhibit 11” is the billing associated with undersigned’s attempts to meet and confer informally with Defendants’ counsel and the work to bring these First, Second and Third Motions to Compel. The attached itemized bill is the time myself and Mr. Walsh have spent on researching; \OMQQUIADJNH strategizing; communications with opposing counsel; meeting and conferring with Mr. Newcomb in attempts to informally resolve these discovery disputes; drafting the instant motion and filing, serving of same, to represent Squires.1 22. I have handled numerous employment matters throughout my career. My hourly rate is $375 which is commensurate, or lower, than attorneys with like experience and location in the Bay Area. 650-573-9500 23. I work in conjunction with Thomas J. Walsh, Esq. (“Mn Walsh”), my associate attorney, LLP I duly licensed in California as well as Florida. Mr. Walsh has been an attorney with C&G for over one 94402 CA year and has been a licensed attorney for 6 years receiving his Juris Doctor from ShepardBroad Law GLATT, Mateo, Center at Nova Southeastern University in 2012. Mr. Walsh’s hourly rate is $325/hour and is & | San commensurate with other practicing attorneys with like experience and location in the Bay Area. CI-IAUVEL 280 24. Chauvel & Glatt, LLP uses the recognized legal billing system Cosmolex to record time, Suite fees and costs expended in this matter. Contemporaneous with work throughout this case, I entered the Road, time I spent with a detailed description of what was accomplished, properly recording all work billed Bovet NNNNNNN,NNHHHHHHHH|—AH 66 ooqcxm-AMNcoocUl-AUJNHO as did the other attorneys who worked on this matter, including Mr. Walsh. At the end of each month, both I and Mr. Walsh reviewed our billings on this matter to ensure accuracy. 25. Since March 7, 2018, myself and Mr. Walsh have conducted reasonable and necessary work in this matter to obtain legitimate discoverable information to adequately defend our client which Defendants’ counsel refuses to provide. 1 Exhibit II only contains the billings attributable to the meet and confer process which led to the instant Motion to Compel for which Squires seek sanctions from this Court. All other time and entries and billings have been redacted. 5 DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL 26. I have conducted a total of 10.00 hours of billable hours of work on this matter and my L time is billed at a rate of $365 .00 per hour for THREE THOUSAND SIX HUNDRED AND FIFTY DOLLARS and 00/100 dollars ($3,650.00) as of the date of this declaration. 27. Mr. Walsh has conducted a total of 52.9 hours of billable hours of work on this matter \OOOQQUI-BWNb—l and his time is billed at a rate of $325.00 per hour for SEVENTEEN THOUSAND ONE HUNDRED AND NINETY—TWO DOLLARS and 50/ 100 dollars ($17,192.50) as of the date of this declaration. '28. The total amount requested from this court, which does not include the hearing scheduled for these First, Second and Third Motions to Compel and associated costs and associated costs or ’ attorneys fees and costs of co-counsel, currently totals $20,842.50 ATTORNEYS’ FEES AND COSTS FOR BRINGING THE FIRST MOTION TO COMPEL 650-573-9500 29. I have conducted a total of 4.0 hours of billable hours of work on Squires’ First Motion LLP I to Compel and my time is billed at a rate of $365.00 per hour for ONE THOUSAND FOUR 94402 CA HUNDRED AND SIXTY DOLLARS and 00/ 100 dollars ($1,460) as of the date of this declaration. GLATT, Mateo, 30. Mr. Walsh has conducted a total of 13.5 hours of billable hours of work on bringing ‘ & | San 280 Squires’ First Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR CHAUVEL THOUSAND THREE HUNDRED AND EIGHTY-SEVEN DOLLARS and 50/100 dollars Suite ($4,387.50) as of the date of this declaration. Road, NNNNNNNNHHHHi—IHHHHH 31. The total amount requested from this court for the bringing on Squires’ First Motion to Bovet 66 \IQUIAOJNHGWOO\1¢\UIAMNHG Compel Discovery, which does notinclude thehearing scheduled for this First Motion to Compel and associated costs or attorneys ’ fees and costs of co-counsel, currently totals $5,847.50 ATTORNEYS’ FEES AND COSTS FOR BRINGING THE SECOND MOTION TO COMPEL 32. I have conducted a total of 3.0 hours of billable hours of work on Squires’ Second Motion to Compel and my time is billed at a rate of $365.00 per hour for ONE THOUSAND AND NINETY- FIVE DOLLARS and 00/ 100 dollars ($1,095) as of the date of this declaration. 33. Mr. Walsh has conducted a total of 26.6 hours of billable hours of work on bringing Squires’ Second Motion to Compel and his time is billed at a rate of $325 .00 per hour for EIGHT NW DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL THOUSAND SIX HUNDRED AND FORTY-FIVE DOLLARS and 00/100 dollars ($8,645) as of the N-l—l I date of this declaration. be) 34. The total amount requested from this court for the bringing on Squires’ Second Motion A to Compel Discovery, which does not include the hearing scheduled for this Second Motion to Compel ’ U] and associated costs and associated costs or attorneys fees and costs of co—counsel, currently totals ON $9,740.00. \1 ATTORNEYS’ FEES AND COSTS FOR BRINGING THE THIRD MOTION TO COMPEL 00 35. I have conducted a total of 3.0 hours of billable hours of work on Squires’ First Motion \9 to Compel and my time is billed at a rate of $365.00 per hour for ONE THOUSAND AND NINETY- FIVE DOLLARS and 00/ 100 dollars ($1,095) as of the date of this declaration. 650-573-9500 36. Mr. Walsh has conducted a total of 12.8 hours of billable hours of work on bringing LLP [ Squires’ Third Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR 94402 CA THOUSAND ONE HUNDRED AND SIXTY DOLLARS and 00/ 100 dollars ($4,160) as of the date GLATT, Mateo, of this declaration. & | San 37. The total amount requested from this court for the bringing on Squires’ Third Motion to Compel Discovery, which does not include the hearing scheduled for this Third Motion to Compel and 280 CHAUVEL Suite associated costs and associated costs or attorneys’ fees and costs of co-counsel, currently totals Road, W ooqIAMNHckcoocUI-tl—to $5,255.00 Bovet 66 NNNNNNNNNHHHHHHHHHH Under penalty of perjury under the laws of the State of California, the undersigned declares that the foregoing is true and correct. , Dated this 3 lst day of May 2018. APRIL 5. GLA‘r’T 7 DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL PROOF OF SERVICE Code of Civil Procedure § 1013 Case: Matthew Squires; Nicole Squires iv. R.C. Wehmeyer Construction, Inc., et a], Case No.: 18CIV00846 (San Mateo County Superior Court—Unlimited Civil Jurisdiction) I am a citizen of the United States and an employee in San Mateo in the County of San Mateo, \OOOQQUIAMNh—t State of California. I am over the age of eighteen and not one of the parties to the within action. My business address is 66 Bovet Road, Suite 280, San Mateo, California 94402. My address for electronic service is 1inda@chauvellaw.com. - On the 3lst day of May 2018, I served the following document: DECLARATION OF APRIL S. GLATT IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES 650-573-9500 AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL on the LLP | parties in this action by causing it to be electronically transmitted or by causing a true copy thereof to 94402 be placed in a sealed envelope addressed as shown below for service as designated below: CA By First Class Mail: I deposited each such envelope, with first class postage thereon fully GLATT, (A) prepaid, in a recognized place of deposit of the U.S.'mail in San Mateo, California, for collection Mateo, & and mailing to the office of the addressee on the date shown herein. [ San ' CHAUVEL 280 (B) By US Express Mail: I am readily familiar with the practice of Chauvel & Glatt, LLP for the Suite collection and processing of correspondence for mailing Express Mail with the United States Postal Service. I caused each such envelope, with the proper postage used for US Express Mail thereon fully prepaid, to be deposited in a recognized place of deposit for US Express Mail in Road, Bovet NNNNNNNNNHHHHHI—IHHHH San Mateo, California, for collection and mailing to the office of the addressee on the date shown WQQM&WNHO\DWQG\UI&MNHO herein. 66 (C) By Personal Service: I caused each such envelope to be personally delivered to the office of the addressee by a member'of the staff of this law firm on the date last written below. (D) By Messenger Service: I am readily familiar with the practice of Chauvel & Glatt, LLP for messenger delivery, andI caused each such envelope to be delivered to a courier employed by, who personally delivered each such envelope to the office of the addressee on the date last written below. (B) By Federal Express: I am readily familiar with the practice of Chauvel & Glatt, LLP for the collection of overnight courier deliveries, and I caused each such envelope to be delivered to at San Mateo, California, to be delivered to the office of the addressee on the next business day. I deposited this package at the - location. , 1 PROOF OF SERVICE (F) By Facsimile Transmission: I caused such document to be served via Facsimile electronic equipment transmission (fax) on the parties in this action by transmitting a true copy to the addressee at the fax number indicated below. (G) Bv Electronic Transmission: On May 31, 2018, at or about 12:30 pm, I caused such document to be served via electronic transmission on the parties in this action by transmitting a true copy to the \OWQQUIADJNI—l addressee at the e-mail address indicated below. The aforementioned transmission was reported as complete and without error. Type of Service Addressee Party G Brian Newcomb Defendants, R.C. Wehmeyer Attorney At Law Construction, Inc., dba 770 M61110 Avenue, Suite 101 Wehmeyer Custom Homes; Menlo Park, CA 94025