On March 29, 2019 a
Party Statement
was filed
involving a dispute between
Agar, Calvin,
and
Sensient Natural Ingredients Llc,
for Other Employment: Unlimited
in the District Court of Stanislaus County.
Preview
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
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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.
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Fobn Myefeppech
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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
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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
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Attorneys for Plaintiff Calvin Agar Attorneys for Plaintiff Calvin Agar
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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.
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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.
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John M. Scheppach
(Type or print name)
Ay
(Leman ff Declan)
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PROOF OF SERVICE
Document Filed Date
November 05, 2020
Case Filing Date
March 29, 2019
Category
Other Employment: Unlimited
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