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PUBLIC - REDACTS MATERIALS FROM CONDITIONALLY SEALED RECORD
(PURSUANT TO CALIFORNIA RULES OF COURT, RULE 2.551(B)(5))
Carolyn H. Cottrell (SBN 166977)
1 David C. Leimbach (SBN 265409)
Kyle G. Bates (SBN 299114)
2 SCHNEIDER WALLACE
COTTRELL KONECKY
3 WOTKYNSLLP
2000 Powell Street, Suite 1400 5/11/2018
4 Emeryville, California 94608
Tel: (415) 421-7100
5 Fax: (415) 421-7105
ccottrell@schneiderwallace.com
6 dleimbach@schneiderwallace.com
kbates@schneiderwallace. com
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Attorneys for Rachel Moniz
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SAN MATEO
10 RACHEL MONIZ, on behalf of the State of Case No. 17CIV01736
California and aggrieved employees,
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Assigned for All Purposes to
Plaintiff,
12 Hon. MarieS. Weiner, Dept. 2
vs.
13 DECLARATION OF KYLE G. BATES IN
ADECCO USA, INC., and DOES 1-50, SUPPORT OF PLAINTIFF'S MOTION FOR
14 inclusive, SUMMARY ADJUDICATION
15 Defendants.
16 Date: June 22, 2018
Time: 9:00 a.m.
17 Place: Dept. 2
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Complaint Filed April 18, 2017
20 Trial Date: September 4, 2018
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DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION
1 DECLARATION OF KYLE G. BATES
2 I, Kyle G. Bates, declare as follows:
3 1. I am an attorney duly licensed to practice law in all courts of the State of California and I
4 am an attorney with the law firm of Schneider Wallace Cottrell Konecky W otkyns LLP, counsel for the
5 Plaintiff Rachel Moniz in the above-captioned matter.
6 2. I submit this declaration in support of Plaintiff's Motion for Summary Adjudication. I
7 have personal, first-hand knowledge of the facts set forth herein, and, if called upon to do so, I could
8 and would competently testify thereto.
9 3. Plaintiff Moniz was formerly employed by Adecco and required to sign an employment
10 agreement containing an unlawful non-disclosure provision, which was attached as Exhibit 1 to
11 Plaintiff's Complaint.
12 4. The L WDA never responded to Plaintiff's pre-litigation notice letter, and Plaintiff
13 subsequently commenced a civil action pursuant to California Labor Code§ 2699.3.
14 5. Plaintiff's Complaint, filed April 18, 2017, alleges that Adecco's unlawful disclosure
15 provision violates five sections of the California Labor Code: California Labor Code§ 232, California
16 Labor Code § 1197.5(k), California Labor Code § 232.5, California Labor Code § 1102.5, and
17 California Labor Code§ 432.5.
18 6. All of Adecco's employment agreements in force from February 1, 2016 through the
19 present prohibit employees from discussing their salary, compensation, and benefits.
20 7. Exhibit 1 hereto is a true and correct copy of Adecco 's Responses and Objections to
21 Plaintiff's Second Set of Special Interrogatories, dated February 16, 2018.
22 8. Exhibit 2 hereto is a true and correct copy of the pre-litigation notice letter sent to and
23 served upon the Labor and Workforce Development Agency ("LWDA") and Adecco, dated February
24 1, 2017.
25 9. Compound Exhibit 3 hereto are true and correct copies of the email from the LWDA
26 confirming receipt of Plaintiff's pre-litigation notice letter, and the certified return receipt from the
27 mailing of same to Adecco.
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DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION
1 10. Exhibit 4 hereto is a true and correct copy of Adecco 's Amended Responses and
2 Objections to Plaintiff's First Set of Requests for Production of Documents, dated March 16, 2018.
3 11. Exhibit 5 hereto is a true and correct copy of the Employment Agreement produced in
4 discovery by Adecco bearing Bates Nos. ADECCO- 000028 through ADECCO- 000029.
5 12. Exhibit 6 hereto is a true and correct copy of the Employment Agreement For Colleagues
6 in California attached to Plaintiffs Complaint as Exhibit 1.
7 13. Exhibit 7 hereto is a true and correct copy of the Employment Agreement for Colleagues
8 produced in discovery by Adecco and bearing Bates Nos. ADECCO- 000004 through ADECCO-
9 000008.
10 14. Exhibit 8 hereto is a true and correct copy ofthe Employment Agreement for Colleagues
11 produced in discovery by Adecco and bearing Bates Nos. ADECCO - 000023 through ADECCO -
12 000027.
13 15. Exhibit 9 hereto is a true and correct copy ofthe Employment Agreement for Colleagues
14 produced in discovery by Adecco and bearing Bates Nos. ADECCO- 000009 through ADECCO-
15 000016.
16 16. Exhibit 10 hereto are true and correct copies of the Employee Acknowledgment and
17 Confidentiality and Non-Disclosure Agreements produced in discovery by Adecco and bearing Bates
18 Nos. ADECCO - 000017 through ADECCO- 000020.
19 17. When Plaintiff Moniz first sought the exact title, number, and content of each employment
20 agreement in effect during the statutory time period, Adecco objected and refused to provide that
21 information. Exhibit 11 hereto is a true and correct copy of Adecco 's Responses and Objections to
22 Plaintiff's First Set of Requests for Production of Documents, dated January 3, 2018.
23 18. In Adecco's December 8, 2017 letter to the Court concerning Adecco's objections to
24 Plaintiffs discovery requests, Adecco took the position that, inter alia, "a PAGA action is a statutory
25 action for civil penalties brought as a proxy for the State, rather than a procedure for resolving the claims
26 of individual employees .... " and that "absent employees do not possess personal claims for PAGA
27 civil penalties." Exhibit 12 hereto is a true and correct copy of a letter-brief to the Court from Adecco
28 concerning Adecco's Objections to Plaintiffs Discovery Responses, dated December 8, 2017.
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DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION
1 I declare under penalty of perjury pursuant to the laws of the State of California that the
2 foregoing is true and correct. Executed this 11th day of May, 2018, at Emeryville, California.
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Attorneys for Plaintiff Rachel Moniz
7 and the State of California
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DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION
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PUBLIC - REDACTS MATERIALS FROM CONDITIONALLY SEALED RECORD (PURSUANT TO CALIFORNIA RULES OF COURT, RULE 2.551(B)(5)) Carolyn H. Cottrell (SBN 166977) 1 David C. Leimbach (SBN 265409) Kyle G. Bates (SBN 299114) 2 SCHNEIDER WALLACE COTTRELL KONECKY 3 WOTKYNSLLP 2000 Powell Street, Suite 1400 5/11/2018 4 Emeryville, California 94608 Tel: (415) 421-7100 5 Fax: (415) 421-7105 ccottrell@schneiderwallace.com 6 dleimbach@schneiderwallace.com kbates@schneiderwallace. com 7 Attorneys for Rachel Moniz 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 RACHEL MONIZ, on behalf of the State of Case No. 17CIV01736 California and aggrieved employees, 11 Assigned for All Purposes to Plaintiff, 12 Hon. MarieS. Weiner, Dept. 2 vs. 13 DECLARATION OF KYLE G. BATES IN ADECCO USA, INC., and DOES 1-50, SUPPORT OF PLAINTIFF'S MOTION FOR 14 inclusive, SUMMARY ADJUDICATION 15 Defendants. 16 Date: June 22, 2018 Time: 9:00 a.m. 17 Place: Dept. 2 18 19 Complaint Filed April 18, 2017 20 Trial Date: September 4, 2018 21 22 23 24 25 26 27 28 1 DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION 1 DECLARATION OF KYLE G. BATES 2 I, Kyle G. Bates, declare as follows: 3 1. I am an attorney duly licensed to practice law in all courts of the State of California and I 4 am an attorney with the law firm of Schneider Wallace Cottrell Konecky W otkyns LLP, counsel for the 5 Plaintiff Rachel Moniz in the above-captioned matter. 6 2. I submit this declaration in support of Plaintiff's Motion for Summary Adjudication. I 7 have personal, first-hand knowledge of the facts set forth herein, and, if called upon to do so, I could 8 and would competently testify thereto. 9 3. Plaintiff Moniz was formerly employed by Adecco and required to sign an employment 10 agreement containing an unlawful non-disclosure provision, which was attached as Exhibit 1 to 11 Plaintiff's Complaint. 12 4. The L WDA never responded to Plaintiff's pre-litigation notice letter, and Plaintiff 13 subsequently commenced a civil action pursuant to California Labor Code§ 2699.3. 14 5. Plaintiff's Complaint, filed April 18, 2017, alleges that Adecco's unlawful disclosure 15 provision violates five sections of the California Labor Code: California Labor Code§ 232, California 16 Labor Code § 1197.5(k), California Labor Code § 232.5, California Labor Code § 1102.5, and 17 California Labor Code§ 432.5. 18 6. All of Adecco's employment agreements in force from February 1, 2016 through the 19 present prohibit employees from discussing their salary, compensation, and benefits. 20 7. Exhibit 1 hereto is a true and correct copy of Adecco 's Responses and Objections to 21 Plaintiff's Second Set of Special Interrogatories, dated February 16, 2018. 22 8. Exhibit 2 hereto is a true and correct copy of the pre-litigation notice letter sent to and 23 served upon the Labor and Workforce Development Agency ("LWDA") and Adecco, dated February 24 1, 2017. 25 9. Compound Exhibit 3 hereto are true and correct copies of the email from the LWDA 26 confirming receipt of Plaintiff's pre-litigation notice letter, and the certified return receipt from the 27 mailing of same to Adecco. 28 2 DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION 1 10. Exhibit 4 hereto is a true and correct copy of Adecco 's Amended Responses and 2 Objections to Plaintiff's First Set of Requests for Production of Documents, dated March 16, 2018. 3 11. Exhibit 5 hereto is a true and correct copy of the Employment Agreement produced in 4 discovery by Adecco bearing Bates Nos. ADECCO- 000028 through ADECCO- 000029. 5 12. Exhibit 6 hereto is a true and correct copy of the Employment Agreement For Colleagues 6 in California attached to Plaintiffs Complaint as Exhibit 1. 7 13. Exhibit 7 hereto is a true and correct copy of the Employment Agreement for Colleagues 8 produced in discovery by Adecco and bearing Bates Nos. ADECCO- 000004 through ADECCO- 9 000008. 10 14. Exhibit 8 hereto is a true and correct copy ofthe Employment Agreement for Colleagues 11 produced in discovery by Adecco and bearing Bates Nos. ADECCO - 000023 through ADECCO - 12 000027. 13 15. Exhibit 9 hereto is a true and correct copy ofthe Employment Agreement for Colleagues 14 produced in discovery by Adecco and bearing Bates Nos. ADECCO- 000009 through ADECCO- 15 000016. 16 16. Exhibit 10 hereto are true and correct copies of the Employee Acknowledgment and 17 Confidentiality and Non-Disclosure Agreements produced in discovery by Adecco and bearing Bates 18 Nos. ADECCO - 000017 through ADECCO- 000020. 19 17. When Plaintiff Moniz first sought the exact title, number, and content of each employment 20 agreement in effect during the statutory time period, Adecco objected and refused to provide that 21 information. Exhibit 11 hereto is a true and correct copy of Adecco 's Responses and Objections to 22 Plaintiff's First Set of Requests for Production of Documents, dated January 3, 2018. 23 18. In Adecco's December 8, 2017 letter to the Court concerning Adecco's objections to 24 Plaintiffs discovery requests, Adecco took the position that, inter alia, "a PAGA action is a statutory 25 action for civil penalties brought as a proxy for the State, rather than a procedure for resolving the claims 26 of individual employees .... " and that "absent employees do not possess personal claims for PAGA 27 civil penalties." Exhibit 12 hereto is a true and correct copy of a letter-brief to the Court from Adecco 28 concerning Adecco's Objections to Plaintiffs Discovery Responses, dated December 8, 2017. 3 DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION 1 I declare under penalty of perjury pursuant to the laws of the State of California that the 2 foregoing is true and correct. Executed this 11th day of May, 2018, at Emeryville, California. 3 4 5 6 Attorneys for Plaintiff Rachel Moniz 7 and the State of California 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF KYLE G. BATES IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION