Preview
1/13/2020
1 Keith Gillette (SBN 191082)
Summer M. Smith (SBN 214251)
2 BULLIVANT HOUSER BAILEY PC
101 Montgomery Street, Suite 2600
3 San Francisco, CA 94104-4146
Telephone; 415.352.2700
4 Facsimile: 415.352.2701
E-mail: keith.gillette@bullivant.com
5 summer. smith@bullivant. com
6 Attorneys for Defendants
AMERICAS PROPANE, LP; AMERICAS
7 PROPANE, INC.; and AMERICAS, INC.
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
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12 BRICEIDA LOPEZ, an individual, JOSE Case No.: 18CIV01696
SOLIS, an individual.
13 DECLARATION OF MATTHEW TREJO
Plaintiffs, IN SUPPORT OF MOTION TO COMPEL
14 INDEPENDENT MEDICAL
V. EXAMINATION AND FOR MONETARY
15 SANCTIONS
PAUL BONIFACIO, an individual;
16 MARGARET HYUN, an individual;
AMERICAS PROPANE, INC., a corporation; DATE: JANUARY 28,2020
17 AMERICAS, INC., a corporation; and DOES TIME: 9:00 A.M.
ONE through ONE-HUNDRED, inclusive, DEPT: LAW AND MOTION
18 COMPLAINT: APRIL 6,2018
Defendants. FAC: SEPTEMBER 20, 2018
19 SAC: JULY 16,2019
TRIAL: FEBRUARY 18, 2020
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21 I, MATTHEW A. TREJO, declare and state as follows:
22 1. I am an attorney duly licensed to practice in the State of California and am an
23 attorney with the law firm of BULLIVANT HOUSER BAILEY PC, counsel of record for
24 defendants Americas Propane, L.P., Americas Propane, Inc. and Americas, Inc. (collectively,
25 “Americas”). I make this declaration in support of Americas’ Motion to Compel Independent
26 Medical Evaluation of Brecidia Lopez and Jose Solis and for Monetary Sanctions. The
27 following facts are of my own personal knowledge and, if called to testify as a witness, I could
28 and would competently testify to the items set forth below.
4831-0595-1152.1 36942/00009 -1 -
DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO COMPEL INDEPENDENT
MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS
1 2. I spent 5 hours preparing this motion and expect to spend an additional 3 hours
2 reviewing the plaintiffs’ opposition and preparing AmeriGas’ reply. My hourly rate is $195 per
3 hour. Therefore, AmeriGas respectfully requests that the court award $1,560 (8 hours x 195 per
4 hour) in monetary sanctions against plaintiffs and their counsel.
5 I declare under penalty of perjury, in accordance with the laws of the State of California,
6 that all of the foregoing is true and accurate
7 Executed on January 7, 2020, in Berkeley, California.
8
9 /s/ Matthew A. Trejo
MATTHEW A. TREJO
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4831-0595-1152.1 36942/00009 •2-
DECLARATION OF MATTHEW TREJO IN SUPPORF OF MOTION TO COMPEL INDEPENDENT
MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS
1 PROOF OF SERVICE
Briceida Lopez, et al. v. Paul Bonifacio, et al.
2 San Mateo Superior Court No. 18CIV01696
3 I am employed in the City and County of San Franeisco by the law firm of Bullivant
Houser Bailey (“the business”), 101 Montgomery Street, Suite 2600, San Franeiseo, CA 94104.
4 I am over the age of eighteen (18) and not a party to this action. On January 10, 2020,1 served
the document entitled:
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DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO
6 COMPEL INDEPENDENT MEDICAL EXAMINATION; AND FOR
IMPOSITION OF MONETARY SANCTIONS
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upon the following parties:
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COUNSEL EMAIL ADDRESStES)
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10 MATTHEW D. DAVIS mdavis@walkuplawoffice.com
SPENCER J. PAHLKE spahlke@walkuplawoffice.com
11 Walkup, Melodia, Kelly & Schoenberger kbenzien@walkuplawoffice.com
650 California Street, 26* Floor ssaephan@walkuplawoffice.com
12 San Francisco, CA 94108-2615 vrose@walkuplawoffice.com
Telephone: 415.981.7210 lmccombe@walkuplawoffice.com
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Facsimile: 415.391.6965
14 Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE
SOLIS
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SHAWN A. TOLIVER shawn.toliver@lewisbrisbois.com
16 julie.azevedo@lewisbrisbois.com
JULIE M. AZEVEDO
17 Lewis Brisbois Bisgaard & Smith, LLP rose.chan@lewisbrisbois.com
2185 North California Boulevard, Suite 300
18 Walnut Creek, CA 94596
Telephone: 925.357.3456
19 Facsimile: 925.478.3260
Attorneys for: Defendants PAUL BONIFACIO and
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MARGARET HYUN
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JAMES T. HULTQUIST jhultquist@reedsmith.com
22 Reed Smith LLP dkirby @reedsmith. com
10 South Wacker Drive mchin@reedsmith.com
23 Chicago, IE 60606-7507
Telephone: 312.207.1000
24 Facsimile: 312.207.6400
Attorneys for: Defendant AMERICAS PROPANE, LP
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() BY MAIL fCCP S1013(a)): I am readily familiar with the ordinary practice of the
26 business with respect to the collection and processing of correspondence for mailing with
the United States Postal Service. I placed a true and correct copy of the above-titled
27 document in an envelope addressed as above, with first class postage thereon fully prepaid.
I sealed the aforesaid envelope and placed it for collection and mailing by the United
28 States Postal Service in accordance with the ordinary practice of the business.
4831-0595-1152.1 36942/00009 -3-
DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO COMPEL INDEPENDENT
MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS
1 Correspondence so placed is ordinarily deposited by the business with the United States
Postal Service on the same day.
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(x) BY EMAIL OR ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to
3 electronic service, I caused a copy of the document to be sent from e-mail address
roberta.beach@bullivant.com to the persons at the e-mail addressed listed in the service
4 list. I did not, within a reasonable time after the transmission, any electronic message or
other indication that the transmission was unsuccessful.
5
0 BY FACSIMILE TRANSMISSION fCCP S1013(eh CRC 2.306): 1 transmitted the
6 document by facsimile transmission by placing it in a facsimile machine (telephone
number 415-352-2701) and transmitting itto the facsimile machine telephone number
7 listed above. A transmission report was properly issued by the transmitting facsimile
machine. The transmission was reported as complete and without error. A true and correct
8 copy of the transmission report is attached hereto.
9 0 BY OVERNIGHT DELIVERY (CCP S1013(cB: I am readily familiar with the ordinary
practice of the business with respect to the collection and processing of correspondence
10 for mailing by Express Mail and other carriers providing for overnight delivery. I placed
a true and correct copy of the above-titled document in an envelope addressed as above,
11 with first class postage thereon fully prepaid. I sealed the aforesaid envelope and placed
it for collection and mailing by Express Mail or other carrier for overnight delivery in
12 accordance with the ordinary practice of the business. Correspondence so placed is
ordinarily deposited by the business with Express Mail or other carrier on the same day.
13
0 BY PERSONAL SERVICE UPON AN ATTORNEY (CCP SlOlKaB: I placed a true
14 and correct copy of the above-titled document in a sealed envelope addressed as indicated
above. I delivered said envelopes by hand to a receptionist or a person authorized to accept
15 same at the address on the envelope, or, if no person was present, by leaving the envelope
in a conspicuous place in the office between the hours of nine in the morning and five in
16 the afternoon.
17 () BY MESSENGER SERVICE: I placed a true and correct copy of the above-entitled
document in a sealed envelope addressed as indicated above and provided it to a
18 professional messenger service for delivery during normal business hours on this date.
19 0 BY PERSONAL SERVICE UPON A PARTY (CCP SlOlKbB: I placed a true and
correct copy of the above-titled document in a sealed envelope addressed as indicated
20 above. I delivered each envelope by hand to a person of not less than eighteen (18) years
of age at the address listed on the envelope, between the hours of eight in the morning and
21 six in the evening.
22 1 declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct.
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Executed on January 10, 2020, at San Francisco, California.
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4831-0595-1152.1 36942/00009 -4
DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO COMPEL INDEPENDENT
MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS
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1/13/2020 1 Keith Gillette (SBN 191082) Summer M. Smith (SBN 214251) 2 BULLIVANT HOUSER BAILEY PC 101 Montgomery Street, Suite 2600 3 San Francisco, CA 94104-4146 Telephone; 415.352.2700 4 Facsimile: 415.352.2701 E-mail: keith.gillette@bullivant.com 5 summer. smith@bullivant. com 6 Attorneys for Defendants AMERICAS PROPANE, LP; AMERICAS 7 PROPANE, INC.; and AMERICAS, INC. 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 BRICEIDA LOPEZ, an individual, JOSE Case No.: 18CIV01696 SOLIS, an individual. 13 DECLARATION OF MATTHEW TREJO Plaintiffs, IN SUPPORT OF MOTION TO COMPEL 14 INDEPENDENT MEDICAL V. EXAMINATION AND FOR MONETARY 15 SANCTIONS PAUL BONIFACIO, an individual; 16 MARGARET HYUN, an individual; AMERICAS PROPANE, INC., a corporation; DATE: JANUARY 28,2020 17 AMERICAS, INC., a corporation; and DOES TIME: 9:00 A.M. ONE through ONE-HUNDRED, inclusive, DEPT: LAW AND MOTION 18 COMPLAINT: APRIL 6,2018 Defendants. FAC: SEPTEMBER 20, 2018 19 SAC: JULY 16,2019 TRIAL: FEBRUARY 18, 2020 20 21 I, MATTHEW A. TREJO, declare and state as follows: 22 1. I am an attorney duly licensed to practice in the State of California and am an 23 attorney with the law firm of BULLIVANT HOUSER BAILEY PC, counsel of record for 24 defendants Americas Propane, L.P., Americas Propane, Inc. and Americas, Inc. (collectively, 25 “Americas”). I make this declaration in support of Americas’ Motion to Compel Independent 26 Medical Evaluation of Brecidia Lopez and Jose Solis and for Monetary Sanctions. The 27 following facts are of my own personal knowledge and, if called to testify as a witness, I could 28 and would competently testify to the items set forth below. 4831-0595-1152.1 36942/00009 -1 - DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS 1 2. I spent 5 hours preparing this motion and expect to spend an additional 3 hours 2 reviewing the plaintiffs’ opposition and preparing AmeriGas’ reply. My hourly rate is $195 per 3 hour. Therefore, AmeriGas respectfully requests that the court award $1,560 (8 hours x 195 per 4 hour) in monetary sanctions against plaintiffs and their counsel. 5 I declare under penalty of perjury, in accordance with the laws of the State of California, 6 that all of the foregoing is true and accurate 7 Executed on January 7, 2020, in Berkeley, California. 8 9 /s/ Matthew A. Trejo MATTHEW A. TREJO 10 ^^ ^ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4831-0595-1152.1 36942/00009 •2- DECLARATION OF MATTHEW TREJO IN SUPPORF OF MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS 1 PROOF OF SERVICE Briceida Lopez, et al. v. Paul Bonifacio, et al. 2 San Mateo Superior Court No. 18CIV01696 3 I am employed in the City and County of San Franeisco by the law firm of Bullivant Houser Bailey (“the business”), 101 Montgomery Street, Suite 2600, San Franeiseo, CA 94104. 4 I am over the age of eighteen (18) and not a party to this action. On January 10, 2020,1 served the document entitled: 5 DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO 6 COMPEL INDEPENDENT MEDICAL EXAMINATION; AND FOR IMPOSITION OF MONETARY SANCTIONS 7 upon the following parties: 8 COUNSEL EMAIL ADDRESStES) 9 10 MATTHEW D. DAVIS mdavis@walkuplawoffice.com SPENCER J. PAHLKE spahlke@walkuplawoffice.com 11 Walkup, Melodia, Kelly & Schoenberger kbenzien@walkuplawoffice.com 650 California Street, 26* Floor ssaephan@walkuplawoffice.com 12 San Francisco, CA 94108-2615 vrose@walkuplawoffice.com Telephone: 415.981.7210 lmccombe@walkuplawoffice.com 13 Facsimile: 415.391.6965 14 Attorneys for: Plaintiffs BRICEIDA LOPEZ and JOSE SOLIS 15 SHAWN A. TOLIVER shawn.toliver@lewisbrisbois.com 16 julie.azevedo@lewisbrisbois.com JULIE M. AZEVEDO 17 Lewis Brisbois Bisgaard & Smith, LLP rose.chan@lewisbrisbois.com 2185 North California Boulevard, Suite 300 18 Walnut Creek, CA 94596 Telephone: 925.357.3456 19 Facsimile: 925.478.3260 Attorneys for: Defendants PAUL BONIFACIO and 20 MARGARET HYUN 21 JAMES T. HULTQUIST jhultquist@reedsmith.com 22 Reed Smith LLP dkirby @reedsmith. com 10 South Wacker Drive mchin@reedsmith.com 23 Chicago, IE 60606-7507 Telephone: 312.207.1000 24 Facsimile: 312.207.6400 Attorneys for: Defendant AMERICAS PROPANE, LP 25 () BY MAIL fCCP S1013(a)): I am readily familiar with the ordinary practice of the 26 business with respect to the collection and processing of correspondence for mailing with the United States Postal Service. I placed a true and correct copy of the above-titled 27 document in an envelope addressed as above, with first class postage thereon fully prepaid. I sealed the aforesaid envelope and placed it for collection and mailing by the United 28 States Postal Service in accordance with the ordinary practice of the business. 4831-0595-1152.1 36942/00009 -3- DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS 1 Correspondence so placed is ordinarily deposited by the business with the United States Postal Service on the same day. 2 (x) BY EMAIL OR ELECTRONIC TRANSFER: Pursuant to the parties’ stipulation to 3 electronic service, I caused a copy of the document to be sent from e-mail address roberta.beach@bullivant.com to the persons at the e-mail addressed listed in the service 4 list. I did not, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 5 0 BY FACSIMILE TRANSMISSION fCCP S1013(eh CRC 2.306): 1 transmitted the 6 document by facsimile transmission by placing it in a facsimile machine (telephone number 415-352-2701) and transmitting itto the facsimile machine telephone number 7 listed above. A transmission report was properly issued by the transmitting facsimile machine. The transmission was reported as complete and without error. A true and correct 8 copy of the transmission report is attached hereto. 9 0 BY OVERNIGHT DELIVERY (CCP S1013(cB: I am readily familiar with the ordinary practice of the business with respect to the collection and processing of correspondence 10 for mailing by Express Mail and other carriers providing for overnight delivery. I placed a true and correct copy of the above-titled document in an envelope addressed as above, 11 with first class postage thereon fully prepaid. I sealed the aforesaid envelope and placed it for collection and mailing by Express Mail or other carrier for overnight delivery in 12 accordance with the ordinary practice of the business. Correspondence so placed is ordinarily deposited by the business with Express Mail or other carrier on the same day. 13 0 BY PERSONAL SERVICE UPON AN ATTORNEY (CCP SlOlKaB: I placed a true 14 and correct copy of the above-titled document in a sealed envelope addressed as indicated above. I delivered said envelopes by hand to a receptionist or a person authorized to accept 15 same at the address on the envelope, or, if no person was present, by leaving the envelope in a conspicuous place in the office between the hours of nine in the morning and five in 16 the afternoon. 17 () BY MESSENGER SERVICE: I placed a true and correct copy of the above-entitled document in a sealed envelope addressed as indicated above and provided it to a 18 professional messenger service for delivery during normal business hours on this date. 19 0 BY PERSONAL SERVICE UPON A PARTY (CCP SlOlKbB: I placed a true and correct copy of the above-titled document in a sealed envelope addressed as indicated 20 above. I delivered each envelope by hand to a person of not less than eighteen (18) years of age at the address listed on the envelope, between the hours of eight in the morning and 21 six in the evening. 22 1 declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. 23 Executed on January 10, 2020, at San Francisco, California. 24 25 ro'bertac.^each 26 27 28 4831-0595-1152.1 36942/00009 -4 DECLARATION OF MATTHEW TREJO IN SUPPORT OF MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION AND FOR MONETARY SANCTIONS