Preview
5/13/2019
Carolyn H. Cottrell (SBN 166977)
David C. Leimbach (SBN 265409)
Kyle G. Bates (SBN 299114)
SCHNEIDER WALLACE
COTTRELL KONECKY
WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
ccottrell@schneiderwallace.corn
dleimbach@schneiderwallace.corn
kbates@schneiderwallace.corn
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Attorneys for PlaintiQ Rachel Moniz, the Stateof
10 California. and the Aamieved Emolovees
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SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF SAN MATEO
California
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RACHEL MONIZ, on behalf of the State of Case No. 17CIV01736
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and aggrieved employees,
16 Assigned for AllPurposes to
Plaintiff, Hon. Marie S. 8'einer, Dept. 2
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DECLARATIONOF RACHEL MONIZIN
18 vs. SUPPORT OF MOTION TO APPROVE
SETTLEMENT PURSUANT TO PRIVATE
19 ADECCO USA, INC., and DOES 1-50, ATTORNEYS GENERAL ACT OF 2004
20 inclusive,
Complaint Filed April 18, 2017
21 Defendants.
Trial Date: None Set
Date: May 24, 2019
Time: 10:00 a.m.
Dept.: 2
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DEILARATIONOF RACHEL MONIZ IN SUPPORT OF MOIIONTO APPROVE SEITLEMENTPURSUANT TO
PRIVATEATIORNEYS ACT OF 2004
DECLARATIONOF RACHEL MONIZ
I, Rachel Moniz, hereby declare as follows:
l. I am the Plaintiff'nd represmtafive of the State of California in the above-captioned
matter.
5 2. I submit this declamtion in support of the Motion to Approve Settlement Pursuant to
6 Private Attorneys Geneml Act of2004 in the above-captioned case.
7 3. If called upon to testify as to the matters stated herein I could and would do so
8 competently.
9 4. I began my employment with Adecco in December 2011. As a condition of my
10 employment, I was required to sign Adecco's Form Employment Agreement, which included one of the
11 confidentiality pmvisions at issue in this case. I worked for Adecco until the spring of2016.
12 5. I experienced issues in my employment, including the inability to discuss information
13 related to my salary and benefits, related to the confidentiality provision that I signed as a condition ofmy
14 employment. I consulted with attorneys about those issues, and filed suit in Aprilof 2017.
15 6. Prior to filingthe case, I had multiple telephonic interviews with my attorneys.
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7. I knew there was no guarantee
a significant chance of protracted litigation. I~ that we would be successful
and that this information could be visible to others.
that my name
I also understood
in this case,
would be
and that there
on a representative
that I could have to spend
was
action,
a significant
19 amount oftime in the discovery proc' understood that I would serve as the Named Plaintiffand the
20 represetttatlve employee for claims under the PAGA.
21 8. I worked with my attorneys to draII the representafive action complaint. I reviewed it
22 carefully before filing. We filed the case on April 18, 201 7 in San Mateo County Superior Court
23 9. Adecco filed a demurrer to dismiss the claims in the case. I consulted with my attorneys
24 as they filed papers to oppose that demurrer, which was overruled in September 2017.
25 10. We then entered the discovery phase. Defendant served one set ofrequests for pnxluction
26 of documents, one set of form interrogatories, and one set of special interrogatories. I discussed these
requests at length with my attorneys, and we worked together to prepare responses. I spent a considerable
28 amount oftime assembling information and searching for responsive documents. I then closely reviewed
the finalized responses.
30 11. In addition to written discovery, Defendant's counsel took my deposition on April 19,
31 2018. I met with my attorneys for a preparation session prior to the deposition. Afterwards, I reviewed
32 the transcript to ensure that my teslimony was properly and accumtely recorded.
-I-
D~TIONOF RAcna, Mot0z INSUPPORT OF MOTIONTO APPROVE SEITIZMENTPURSUANT TO
PRIVATEATIORNEYS GENERAL ACTOF 2004
1 12. Early in the case, I discussed alternative dispute resolution with my attorneys. We
2 discussed the potential for mediation and settlement throughout the action. In early 2018, we discussed the
3 possibility of a joint mediation with another PAGA case. We had further discussions ahead of the
4 mediation that ultimately took place on January 10, 2019 and again on January 21, 2019. I remained on-
5 call during the mediation and stayed updated regarding the progress during the mediation and aAemmds.
6 13. Atter the proposed Settlement was reached, I carefully mviewed the terms. I discussed the
7 Settlement with my attorneys. I spent time evaluating the proposed outcome to assure that it was fair.
8 14. Based on my own review and my attorneys'valuauon and recommendation, I believe
9 the settlement is fair and reasonable.
10 15. Throughout this action, I have been in constant communication with my attorneys to keep
apprised ofthe status ofthe lidgation. I have kept up-to-date on the status at every phase.
12 16. In sum, I worked with my attorneys to prepare the complaint, provided extensive
13 information to respond to discovery, prepared and sat for a full day of deposition, participated in the
14 mediation process and settlement decisions, and otherwise remained in constant contact with my attorneys
15 regarding the status ofthe case.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
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true and correct based upon my personal knowledge. Executed this 9th day of May, 2019, at
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OE'mba~~, California.
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Rachel Moniz
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DECLARATIONOFMcusL MoNtz IN SUPPORT OF MOTIONTOAPPROVE SETILEMENTPURSUANT TO
PRIVATEATI'ORNEYS GENERAL ACTOF 2004
Preview
5/13/2019 Carolyn H. Cottrell (SBN 166977) David C. Leimbach (SBN 265409) Kyle G. Bates (SBN 299114) SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, California 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 ccottrell@schneiderwallace.corn dleimbach@schneiderwallace.corn kbates@schneiderwallace.corn 9 Attorneys for PlaintiQ Rachel Moniz, the Stateof 10 California. and the Aamieved Emolovees 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF SAN MATEO California 14 RACHEL MONIZ, on behalf of the State of Case No. 17CIV01736 15 and aggrieved employees, 16 Assigned for AllPurposes to Plaintiff, Hon. Marie S. 8'einer, Dept. 2 17 DECLARATIONOF RACHEL MONIZIN 18 vs. SUPPORT OF MOTION TO APPROVE SETTLEMENT PURSUANT TO PRIVATE 19 ADECCO USA, INC., and DOES 1-50, ATTORNEYS GENERAL ACT OF 2004 20 inclusive, Complaint Filed April 18, 2017 21 Defendants. Trial Date: None Set Date: May 24, 2019 Time: 10:00 a.m. Dept.: 2 24 25 26 27 28 29 30 31 ~ 32 DEILARATIONOF RACHEL MONIZ IN SUPPORT OF MOIIONTO APPROVE SEITLEMENTPURSUANT TO PRIVATEATIORNEYS ACT OF 2004 DECLARATIONOF RACHEL MONIZ I, Rachel Moniz, hereby declare as follows: l. I am the Plaintiff'nd represmtafive of the State of California in the above-captioned matter. 5 2. I submit this declamtion in support of the Motion to Approve Settlement Pursuant to 6 Private Attorneys Geneml Act of2004 in the above-captioned case. 7 3. If called upon to testify as to the matters stated herein I could and would do so 8 competently. 9 4. I began my employment with Adecco in December 2011. As a condition of my 10 employment, I was required to sign Adecco's Form Employment Agreement, which included one of the 11 confidentiality pmvisions at issue in this case. I worked for Adecco until the spring of2016. 12 5. I experienced issues in my employment, including the inability to discuss information 13 related to my salary and benefits, related to the confidentiality provision that I signed as a condition ofmy 14 employment. I consulted with attorneys about those issues, and filed suit in Aprilof 2017. 15 6. Prior to filingthe case, I had multiple telephonic interviews with my attorneys. 16 17 18 7. I knew there was no guarantee a significant chance of protracted litigation. I~ that we would be successful and that this information could be visible to others. that my name I also understood in this case, would be and that there on a representative that I could have to spend was action, a significant 19 amount oftime in the discovery proc' understood that I would serve as the Named Plaintiffand the 20 represetttatlve employee for claims under the PAGA. 21 8. I worked with my attorneys to draII the representafive action complaint. I reviewed it 22 carefully before filing. We filed the case on April 18, 201 7 in San Mateo County Superior Court 23 9. Adecco filed a demurrer to dismiss the claims in the case. I consulted with my attorneys 24 as they filed papers to oppose that demurrer, which was overruled in September 2017. 25 10. We then entered the discovery phase. Defendant served one set ofrequests for pnxluction 26 of documents, one set of form interrogatories, and one set of special interrogatories. I discussed these requests at length with my attorneys, and we worked together to prepare responses. I spent a considerable 28 amount oftime assembling information and searching for responsive documents. I then closely reviewed the finalized responses. 30 11. In addition to written discovery, Defendant's counsel took my deposition on April 19, 31 2018. I met with my attorneys for a preparation session prior to the deposition. Afterwards, I reviewed 32 the transcript to ensure that my teslimony was properly and accumtely recorded. -I- D~TIONOF RAcna, Mot0z INSUPPORT OF MOTIONTO APPROVE SEITIZMENTPURSUANT TO PRIVATEATIORNEYS GENERAL ACTOF 2004 1 12. Early in the case, I discussed alternative dispute resolution with my attorneys. We 2 discussed the potential for mediation and settlement throughout the action. In early 2018, we discussed the 3 possibility of a joint mediation with another PAGA case. We had further discussions ahead of the 4 mediation that ultimately took place on January 10, 2019 and again on January 21, 2019. I remained on- 5 call during the mediation and stayed updated regarding the progress during the mediation and aAemmds. 6 13. Atter the proposed Settlement was reached, I carefully mviewed the terms. I discussed the 7 Settlement with my attorneys. I spent time evaluating the proposed outcome to assure that it was fair. 8 14. Based on my own review and my attorneys'valuauon and recommendation, I believe 9 the settlement is fair and reasonable. 10 15. Throughout this action, I have been in constant communication with my attorneys to keep apprised ofthe status ofthe lidgation. I have kept up-to-date on the status at every phase. 12 16. In sum, I worked with my attorneys to prepare the complaint, provided extensive 13 information to respond to discovery, prepared and sat for a full day of deposition, participated in the 14 mediation process and settlement decisions, and otherwise remained in constant contact with my attorneys 15 regarding the status ofthe case. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is 17 true and correct based upon my personal knowledge. Executed this 9th day of May, 2019, at 18 OE'mba~~, California. 19 20 Rachel Moniz 21 23 24 25 26 27 28 29 30 31 32 -2- DECLARATIONOFMcusL MoNtz IN SUPPORT OF MOTIONTOAPPROVE SETILEMENTPURSUANT TO PRIVATEATI'ORNEYS GENERAL ACTOF 2004