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  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
  • AGAR, CALVIN vs SENSIENT NATURAL INGREDIENTS LLCOther Employment: Unlimited document preview
						
                                

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Electronically Filed 11/5/2020 4:01 PM JOHN M. SCHEPPACH (BAR NO. 240633) Superior Court of California Email: jmscheppach@sbpc.law THOREY M. BAUER (BAR NO. 234813) County of Stanislaus Email: tbauer@sbpc.law Clerk of the Court SCHEPPACH BAUER PC By: Mouang Saechao, Deputy 23181 Verdugo Drive, Suite 105-A Laguna Hills, CA 92653 Phone: (949) 209-8880 Fax: (949) 358-7884 Attorneys for Defendant SENSIENT NATURAL INGREDIENTS LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF STANISLAUS 10 11 CALVIN AGAR, as an individual Case No. CV-19-001906 and on behalf of all others similarly situated, Assigned: Judge Stacy P. Speiller 12 Dept: 22 Plaintiffs, 13 SUPPLEMENTAL DECLARATION OF vs. JOHN M. SCHEPPACH IN SUPPORT 14 OF DEFENDANT SENSIENT SENSIENT NATURAL INGREDIENTS NATURAL INGREDIENTS LLC'S 15 LLC, a Delaware limited liability company; MOTION TO STAY ACTION UNTIL and DOES | through 50, inclusive, CONCLUSION OF WRIT 16 PROCEEDINGS Defendants. 17 Hearing: Date: November 13, 2020 18 Time: 8:30 a.m. Dept.: 22 19 2"4 Amended Compl. Filed: March 17, 2020] 20 Trial Date: None Set 21 22 23 24 25 26 27 28 SUPPLEMENTAL SCHEPPACH DECL. IN SUPPORT OF DEFENDANT'S MOTION TO STAY ACTION SUPPLEMENTAL DECLARATION OF JOHN M. SCHEPPACH I, John M. Scheppach, declare: 1 On October 30, 2020, Defendant Sensient Natural Ingredients LLC ("Sensient") filed a writ in the Fifth Appellate District which asks the Court of Appeal to interpret Labor Code section 226(a)(9) and resolve the dispute between the parties in this action. The case is docketed as Court of Appeal Case No. F081949, and a true and correct copy of the current electronic docket sheet is attached to my Declaration as Exhibit 8. 2 In its appellate writ, Sensient advised the appellate court that it was seeking a stay from the Superior Court and the date of the anticipated hearing (November 13, 10 2020). Sensient also requested a stay from the appellate court as well. As of the 11 execution of this Declaration, no determination on Sensient's stay request has been issued 12 by the appellate court. 13 3 Sensient has conducted no discovery in this case. Sensient has also offered 14 Plaintiff's counsel to provide an extension on any of Plaintiff's discovery motion deadlines 15 until the conclusion of the writ proceedings. 16 4 No trial date has been set in the separate PAGA action filed against 17 Sensient in the Merced County Superior Court, Case No. 20CV-02387 ("Bryan"). There 18 is no claim in Bryan that Sensient violated Labor Code section 226(a)(9) because of the 19 way it depicted overtime on wage statements. 20 5 While Sensient's writ in this matter is pending, and while any associated 21 stay is in place, Sensient is not going to use this time as an opportunity to settle Bryan. 22 I declare that the foregoing is true and correct under penalty of perjury under the 23 laws of the State of California, this 5th day of November 2020, at Laguna Hills, 24 California. 25 26 Fobn Myefeppech 27 28 1 SUPPLEMENTAL SCHEPPACH DECL. IN SUPPORT OF DEFENDANT'S MOTION TO STAY ACTION EXHIBIT 8 Appellate Courts Case Information 5th Appellate District Court data last updated: 11/05/2020 02:46 PM Docket (Register of Actions) Sensient Natural Ingredients LLC v. The Superior Court of Stanislaus County Case Number F081949 Date Description Notes 10/30/2020 Filing fee. $775via True Filing by counsel for petitioner 10/30/2020 Filed document entitled: writ info sheet 10/30/2020 Filed petition for writ of: Mandarte with Request for stay of proceedings bgy counsel for Petitioner 10/30/2020 Exhibits filed in support of: VOL 1 and 2 10/30/2020 Filed proof of service. 10/30/2020 Certificate of Interested Entities or Persons filed by:. 10/30/2020 Filed declaration of: declaration in support of petition for writ of mandate 10/30/2020 Request for judicial notice filed. by counsel for petitioner for exhibits VOL 3 10/30/2020 Received: Proposed exhibits for judicial notice Click here to request automatic e-mail notifications about this case. Careers | Contact Us | Accessibility | Public Access to Records | Terms of Use | © 2020 Judicial Council of California Privacy PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and am not a party to this action. My business address is 23181 Verdugo Drive, Suite 105-A, Laguna Hills, California 92653. On November 5, 2020, I served the within document(s) described as: SUPPLEMENTAL DECLARATION OF JOHN M. SCHEPPACH IN SUPPORT OF DEFENDANT SENSIENT NATURAL INGREDIENTS LLC'S MOTION TO STAY ACTION UNTIL CONCLUSION OF WRIT PROCEEDINGS on the interested parties in this action as stated below: DIVERSITY LAW GROUP, P.C. POLARIS LAW GROUP LLP 9 Larry W. Lee, Esq. William L. Marder, Esq. 10 lwlee@diversitylaw.com bill@polarislawgroup.com Max W. Gavron, Esq. 501 San Benito Street, Suite 200 11 mgavron@diversitylaw.com Hollister, California 95023 12 515 S. Figueroa Street, Suite 1250 Los Angeles, California 90071 13 Attorneys for Plaintiff Calvin Agar Attorneys for Plaintiff Calvin Agar 14 15 x BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a true copy of 16 the document to be sent to the persons at the corresponding electronic address as indicated above on the above-mentioned date. I utilized One Legal e-services to 17 accomplish said electronic transmission. 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. Executed on November 5, 2020, at Laguna Hills, California. 20 21 22 John M. Scheppach (Type or print name) Ay (Leman ff Declan) 23 24 25 26 27 28 1 PROOF OF SERVICE