On May 11, 2020 a
Ruling 02/10/2021 - Ruling
was filed
involving a dispute between
Fred Butler, Individually, And On Behalf Of Aggrieved Employees Pursuant To The Private Attorneys General Act,
and
Excalibur Well Services Corporation, A California Corporation,
for 15-CV Other Employment - Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 11
Date: 02/10/2021 BCV-20-101126
FRED BUTLER, INDIVIDUALLY, AND ON BEHALF OF AGGRIEVED EMPLOYEES PURSUANT TO THE PRIVATE
ATTORNEYS GENERAL ACT ("PAGA") VS EXCALIBUR WELL SERVICES CORPORATION, A CALIFORNIA CORPORATION
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
NATURE OF PROCEEDINGS: RULING ON PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES
TO SPECIAL INTERROGATORIES (SET ONE), NOS. 1-4 AND REQUEST FOR SANCTIONS AND
PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET TWO),
NOS. 54-57 AND REQUEST FOR SANCTIONS; HERETOFORE SUBMITTED ON FEBRUARY 8, 2021
RULING:
The Court denies Plaintiff’s Motion to Compel Further Responses to Special Interrogatories (Set One), Nos. 1-4.
Defendant’s service of amended responses renders the motion moot and Plaintiff’s contention that an inability to
initiate the Belaire opt-out process thus far establishes otherwise is unconvincing.
The Court grants Plaintiff’s Motion to Compel Further Responses to Special Interrogatories (Set Two), Nos. 54-57,
finding Defendant’s reasoning behind its belief that providing contact information for only certain of its exempt
employees is appropriate to be unsupported. While Plaintiff’s counsel’s contact with current officers, directors,
partners and managing agents potentially poses an issue considering such employees are deemed represented by
defense counsel within the meaning of California Rules of Professional Conduct, rule 4.2, Plaintiff’s current request
for these individuals’ contact information does not run afoul of Rule 4.2. In a PAGA action, the plaintiff is permitted
to bring suit as a purportedly aggrieved employee and on behalf of other aggrieved employees. The law makes no
distinction between exempt and non-exempt as Defendant implies. Based on the foregoing, the Court directs
Defendant to serve amended responses to special interrogatories 54-57 within 10 days of service of notice of the
Court’s order on this matter. The Court declines to issue sanctions, determining that the interests of justice do not
warrant the imposition of sanctions at this time. Regarding Plaintiff’s contention that Defendant failed to serve
initial responses to Set Two, Defendant presents evidence it served responses on August 17, 2020. Accordingly,
Defendant has not waived objections.
Plaintiff will prepare an order consistent with this ruling for the court's signature and pursuant to California Rules
of Court, rule 3.1312.
Copy of minutes of the Court's Ruling mailed to all parties as stated on the attached certificate of mailing.
MINUTES
Page 1 of 2
FRED BUTLER, INDIVIDUALLY, AND ON BEHALF OF AGGRIEVED BCV-20-101126
EMPLOYEES PURSUANT TO THE PRIVATE ATTORNEYS GENERAL ACT
("PAGA") VS EXCALIBUR WELL SERVICES CORPORATION, A
CALIFORNIA CORPORATION
MINUTES FINALIZED BY: Veronica Lancaster ON: 2/10/2021
FRED BUTLER, INDIVIDUALLY, AND ON BEHALF OF AGGRIEVED EMPLOYEES PURSUANT TO THE
PRIVATE ATTORNEYS GENERAL ACT ("PAGA") VS EXCALIBUR WELL SERVICES CORPORATION, A
CALIFORNIA CORPORATION
BCV-20-101126
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated February 10, 2021 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: February 10, 2021
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: February 10, 2021
By: Veronica Lancaster
Veronica Lancaster, Deputy Clerk
MAILING LIST
DOUGLAS HAN T SCOTT BELDEN
751 N FAIR OAKS AVENUE SUITE 101 BELDEN BLAINE RAYTIS LLP
PASADENA CA 91103 5016 CALIFORNIA AVE #3
BAKERSFIELD CA 93309
Certificate of Mailing
Page 2 of 2
Document Filed Date
February 10, 2021
Case Filing Date
May 11, 2020
Category
15-CV Other Employment - Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 11 Date: 02/10/2021 BCV-20-101126 FRED BUTLER, INDIVIDUALLY, AND ON BEHALF OF AGGRIEVED EMPLOYEES PURSUANT TO THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA") VS EXCALIBUR WELL SERVICES CORPORATION, A CALIFORNIA CORPORATION Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster NATURE OF PROCEEDINGS: RULING ON PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE), NOS. 1-4 AND REQUEST FOR SANCTIONS AND PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET TWO), NOS. 54-57 AND REQUEST FOR SANCTIONS; HERETOFORE SUBMITTED ON FEBRUARY 8, 2021 RULING: The Court denies Plaintiff’s Motion to Compel Further Responses to Special Interrogatories (Set One), Nos. 1-4. Defendant’s service of amended responses renders the motion moot and Plaintiff’s contention that an inability to initiate the Belaire opt-out process thus far establishes otherwise is unconvincing. The Court grants Plaintiff’s Motion to Compel Further Responses to Special Interrogatories (Set Two), Nos. 54-57, finding Defendant’s reasoning behind its belief that providing contact information for only certain of its exempt employees is appropriate to be unsupported. While Plaintiff’s counsel’s contact with current officers, directors, partners and managing agents potentially poses an issue considering such employees are deemed represented by defense counsel within the meaning of California Rules of Professional Conduct, rule 4.2, Plaintiff’s current request for these individuals’ contact information does not run afoul of Rule 4.2. In a PAGA action, the plaintiff is permitted to bring suit as a purportedly aggrieved employee and on behalf of other aggrieved employees. The law makes no distinction between exempt and non-exempt as Defendant implies. Based on the foregoing, the Court directs Defendant to serve amended responses to special interrogatories 54-57 within 10 days of service of notice of the Court’s order on this matter. The Court declines to issue sanctions, determining that the interests of justice do not warrant the imposition of sanctions at this time. Regarding Plaintiff’s contention that Defendant failed to serve initial responses to Set Two, Defendant presents evidence it served responses on August 17, 2020. Accordingly, Defendant has not waived objections. Plaintiff will prepare an order consistent with this ruling for the court's signature and pursuant to California Rules of Court, rule 3.1312. Copy of minutes of the Court's Ruling mailed to all parties as stated on the attached certificate of mailing. MINUTES Page 1 of 2 FRED BUTLER, INDIVIDUALLY, AND ON BEHALF OF AGGRIEVED BCV-20-101126 EMPLOYEES PURSUANT TO THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA") VS EXCALIBUR WELL SERVICES CORPORATION, A CALIFORNIA CORPORATION MINUTES FINALIZED BY: Veronica Lancaster ON: 2/10/2021 FRED BUTLER, INDIVIDUALLY, AND ON BEHALF OF AGGRIEVED EMPLOYEES PURSUANT TO THE PRIVATE ATTORNEYS GENERAL ACT ("PAGA") VS EXCALIBUR WELL SERVICES CORPORATION, A CALIFORNIA CORPORATION BCV-20-101126 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated February 10, 2021 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: February 10, 2021 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: February 10, 2021 By: Veronica Lancaster Veronica Lancaster, Deputy Clerk MAILING LIST DOUGLAS HAN T SCOTT BELDEN 751 N FAIR OAKS AVENUE SUITE 101 BELDEN BLAINE RAYTIS LLP PASADENA CA 91103 5016 CALIFORNIA AVE #3 BAKERSFIELD CA 93309 Certificate of Mailing Page 2 of 2