On October 23, 2020 a
Motion-Secondary
was filed
involving a dispute between
Kharbawy, A. Sameh El,
and
Board Of Trustees Of California State Of University,
Castro, Joseph I.,
Fu, Xuanning,
Hamm, Daryl L.,
Jimenez-Sandoval, Saul,
Zelenzy, Lynnette,
for 15 Unlimited - Other Employment
in the District Court of Fresno County.
Preview
Andrew Hillier (State Bar No. 295779)
Hillier Law E-FILED
600 W. Broadway, Suite 700
12/7/2021 11:50 PM
Superior Court of California
San Diego, CA 92101 County of Fresno
Telephone: (619) 500-7906
By: C. York, Deputy
Facsimile: (619) 839-3895
andrew@ahillierlaw.c0m
Attorney for Plaintiff,
A. Sameh El Kharbawy
WOONG'JIAWN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
g
COUNTY OF FRESNO
A. SAMEH EL KHARBAWY, Case No.2 21CECG02214
10 Plaintiff,
DECLARATION OF COUNSEL IN
SUPPORT OF PLAINTIFF’S
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VS. SUPPLEMENTAL BRIEF RELATED TO
MOTION TO LIFT STAY ON
12 DISCOVERY
13
BOARD OF TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY; Hearing Date: December 16, 2021
Hearing Time: 3:30 p.m.
14 DARRYL L. HAMM, an individual;
Dept: 503
LYNNETTE ZELEZNY, an individual;
Judge: Hon. Kimberly A. Gaab
15 JOSEPH l. CASTRO, an individual;
SAUL JIMENELSANDOVAL, an individual; Action Filed: October 23, 2020
16 XUANNING FU, an individual;
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AND DOES 1 through 50,
18 Defendants.
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COUNSEL’S DEC ISO PLAINTIFF’S SUPP. BRIEF RELATED TO
MOTION TO LIFT STAY ON DISCOVERY
_1 _
I, Andrew E. Hillier, declare and state as follows:
1. I am an attorney at law, duly licensed to practice before all courts of the State 0f
California, and attorney of record for Plaintiff in this action. I have personal knowledge 0f the
facts contained herein, and, if called as a Witness, could and would competently testify to their
veracity.
WOONG'JIAWN
2. This declaration is submitted in support of Plaintiffs Supplemental Brief Related
To the Motion to Lift Stay 0n Discovery.
3. On May 14, 2021, my office propounded discovery requests 0n Defendant CSU.
The requests sought, inter alia, documents related to the Plaintiff s suspensions, the reasons and
10 rationales for those suspensions, CSU’s policies and procedures relating to discipline of tenured
11 professors, documents relating t0 CSU’s treatment 0f employees accused of similar conduct as
12 Plaintiff, and the identities ofother employees suspended under Article 17 0f the applicable CBA.
13 4. For example, Plaintiff made the following requests:
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REQUEST FOR PRODUCTION NO. l3: All DOCUMENTS EVIDENCING YOUR
15 policies, procedures, rules, guidelines, and/or practices RELATING TO the suspension of
16 employees in PLAINTIFF’S job position.
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REQUEST FOR PRODUCTION NO. 63: A11 DOCUMENTS RELATING TO any
18 instance in which a tenured professor at YOUR Fresno campus has failed to hold office hours in
19 thc past tcn years, including, but not limited to, allDOCUMENTS RELATING TO any action,
20 discipline and/or other response taken by YOU in relation t0 each such incident.
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REQUEST FOR PRODUCTION NO. 79: A11 DOCUMENTS RELATING TO any
22 disciplinary action YOU took against PLAINTIFF, including, but not limited t0, any action YOU
23 took against PLAINTIFF as part of a progressive discipline process.
24 ‘ SPECIAL INTERROGATORY NO. 4: For each and every suspension identified in
25 Special Interrogatory No. 1, state every reason, rationale, justification, and/or motivation for
26 YOUR decision to suspend PLAINTIFF’s employment at California State University, Fresno.
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COUNSEL’S DEC ISO PLAINTIFF’S SUPP. BRIEF RELATED TO
MOTION TO LIFT STAY ON DISCOVERY
_2 _
‘ SPECIAL INTERROGATORY N0. 18: IDENTIFY each and every PERSON YOU have
suspended pursuant t0 Article 17 of the current Collective Bargaining Agreement between YOU
and California Faculty Association (effective November 12, 2014 t0 present).
5. On June 21, 2021, CSU responded to these requests by serving objections.
Defendant responded to Request for Production N0. 13 by promising t0 produce the CBA, but it
WOONG'JIAWN
did not. In fact, Defendant did not produce any documents and has not since.
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I declare under the penalty of perjury under the laws of the State of California that the
foregoing istrue and correct. Executed on December 7, 2021 in San Diego, California.
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ANDREWHILLIER
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COUNSEL’S DEC ISO PLAINTIFF’S SUPP. BRIEF RELATED TO
MOTION TO LIFT STAY ON DISCOVERY
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Andrew Hillier (State Bar No. 295779) Hillier Law E-FILED 600 W. Broadway, Suite 700 12/7/2021 11:50 PM Superior Court of California San Diego, CA 92101 County of Fresno Telephone: (619) 500-7906 By: C. York, Deputy Facsimile: (619) 839-3895 andrew@ahillierlaw.c0m Attorney for Plaintiff, A. Sameh El Kharbawy WOONG'JIAWN SUPERIOR COURT OF THE STATE OF CALIFORNIA g COUNTY OF FRESNO A. SAMEH EL KHARBAWY, Case No.2 21CECG02214 10 Plaintiff, DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF’S 11 VS. SUPPLEMENTAL BRIEF RELATED TO MOTION TO LIFT STAY ON 12 DISCOVERY 13 BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY; Hearing Date: December 16, 2021 Hearing Time: 3:30 p.m. 14 DARRYL L. HAMM, an individual; Dept: 503 LYNNETTE ZELEZNY, an individual; Judge: Hon. Kimberly A. Gaab 15 JOSEPH l. CASTRO, an individual; SAUL JIMENELSANDOVAL, an individual; Action Filed: October 23, 2020 16 XUANNING FU, an individual; 17 AND DOES 1 through 50, 18 Defendants. 19 20 21 22 23 24 25 26 27 28 COUNSEL’S DEC ISO PLAINTIFF’S SUPP. BRIEF RELATED TO MOTION TO LIFT STAY ON DISCOVERY _1 _ I, Andrew E. Hillier, declare and state as follows: 1. I am an attorney at law, duly licensed to practice before all courts of the State 0f California, and attorney of record for Plaintiff in this action. I have personal knowledge 0f the facts contained herein, and, if called as a Witness, could and would competently testify to their veracity. WOONG'JIAWN 2. This declaration is submitted in support of Plaintiffs Supplemental Brief Related To the Motion to Lift Stay 0n Discovery. 3. On May 14, 2021, my office propounded discovery requests 0n Defendant CSU. The requests sought, inter alia, documents related to the Plaintiff s suspensions, the reasons and 10 rationales for those suspensions, CSU’s policies and procedures relating to discipline of tenured 11 professors, documents relating t0 CSU’s treatment 0f employees accused of similar conduct as 12 Plaintiff, and the identities ofother employees suspended under Article 17 0f the applicable CBA. 13 4. For example, Plaintiff made the following requests: 14 - REQUEST FOR PRODUCTION NO. l3: All DOCUMENTS EVIDENCING YOUR 15 policies, procedures, rules, guidelines, and/or practices RELATING TO the suspension of 16 employees in PLAINTIFF’S job position. 17 - REQUEST FOR PRODUCTION NO. 63: A11 DOCUMENTS RELATING TO any 18 instance in which a tenured professor at YOUR Fresno campus has failed to hold office hours in 19 thc past tcn years, including, but not limited to, allDOCUMENTS RELATING TO any action, 20 discipline and/or other response taken by YOU in relation t0 each such incident. 21 ° REQUEST FOR PRODUCTION NO. 79: A11 DOCUMENTS RELATING TO any 22 disciplinary action YOU took against PLAINTIFF, including, but not limited t0, any action YOU 23 took against PLAINTIFF as part of a progressive discipline process. 24 ‘ SPECIAL INTERROGATORY NO. 4: For each and every suspension identified in 25 Special Interrogatory No. 1, state every reason, rationale, justification, and/or motivation for 26 YOUR decision to suspend PLAINTIFF’s employment at California State University, Fresno. 27 28 COUNSEL’S DEC ISO PLAINTIFF’S SUPP. BRIEF RELATED TO MOTION TO LIFT STAY ON DISCOVERY _2 _ ‘ SPECIAL INTERROGATORY N0. 18: IDENTIFY each and every PERSON YOU have suspended pursuant t0 Article 17 of the current Collective Bargaining Agreement between YOU and California Faculty Association (effective November 12, 2014 t0 present). 5. On June 21, 2021, CSU responded to these requests by serving objections. Defendant responded to Request for Production N0. 13 by promising t0 produce the CBA, but it WOONG'JIAWN did not. In fact, Defendant did not produce any documents and has not since. g I declare under the penalty of perjury under the laws of the State of California that the foregoing istrue and correct. Executed on December 7, 2021 in San Diego, California. 10 11 12 13 # ANDREWHILLIER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNSEL’S DEC ISO PLAINTIFF’S SUPP. BRIEF RELATED TO MOTION TO LIFT STAY ON DISCOVERY _ 3 _