`
`R. Rex Parris (SBN 96567)
`Kitty K. Szeto (SBN 258136)
`John M. Bickford (SBN 280929)
`Ryan A Crist (SBN 316653)
`John D. Wu (SBN 269183)
`PARRIS LAW FIRM
`43364 10th Street West
`Lancaster, California 93534
`Telephone:
`(661) 949-2595
`Facsimile:
`(661) 949-7524
`
`Eric Rouen (SBN 242341)
`THE DOWNEY LAW FIRM
`9595 Wilshire Boulevard, Suite 900
`Beverly Hills, California 90212
`Telephone:
`(213) 291-3333
`Facsimile:
`(610) 813-4579
`
`Attorneys for Plaintiff David Diaz and the putative class
`
`
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF FRESNO
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`E-FILED
`5/2/2022 8:31 AM
`Superior Court of California
`County of Fresno
`By: Kimberly Daves, Deputy
`
`Case No. 18CECG04501
`
`[Assigned for All Purposes to the Honorable
`Kimberly Gaab, Dept. 503]
`
`PLAINTIFF’S NOTICE OF MOTION AND
`MOTION TO COMPEL DEPOSITIONS OR
`TO STRIKE DEFENDANT’S
`DECLARATIONS OF ANGELICA DE
`BOLANOS, GREGORY FREDE, NANCY
`HERRERA, EMMANUEL GARCIA,
`GERARDO PUENTES, SAMANTHA
`RAMIREZ, AND ERIK TERAN
`
`[Filed concurrently with Memorandum;
`Declaration of Ryan A. Crist; Separate Statement;
`[Proposed] Order]
`Date: September 7, 2022
`Time: 3:30 p.m.
`Dept.: 503
`
`Complaint Filed: December 14, 2018
`Trial Date: None Set
`
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`DAVID DIAZ, an individual, on behalf of himself
`and all members of the putative class,
`
`Plaintiff,
`
`
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`
`
`v.
`
`
`SUN-MAID GROWERS OF CALIFORNIA, a
`California Corporation; and DOES 1 through
`100, inclusive,
`
`
`
`Defendants.
`
`
`
`
`_____________________________________________________________________________
`PLAINTIFF’S NOTICE OF MOTION TO COMPEL DEPOSITIONS OR TO STRIKE DEFENDANT’S DECLARATIONS
`IN SUPPORT OF OPPOSITION TO MOTION FOR CLASS CERTIFICATION
`
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`By:
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`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE that on September 7, 2022 at 3:30 p.m., or as soon thereafter as the
`matter may be heard before the Honorable Kimberly Gaab in Department 503 of the above-entitled court
`located at 1130 O Street Fresno, California 93721, Plaintiff David Diaz will and hereby moves the Court
`for an order compelling the depositions of Angelica De Bolanos, Gregory Frede, Emmanuel Garcia, Nancy
`Herrera, Gerardo Puentes, Samantha Ramirez, and Erik Teran, or in the alternative, for an order striking
`their declarations in support of Defendant Sun-Maid Growers of California’s Opposition to Class
`Certification. Additionally, Plaintiff also requests the Court to issue $16,875 in monetary sanctions
`against Defendant Sun-Maid Growers of California and its counsel of record, Hanson Bridgett, LLP.
`
`This motion is brought pursuant to Code of Civil Procedure sections 1991.1, 2020.240,
`2023.010, 2023.030, and will be based upon this Notice, the accompanying Memorandum of Points and
`Authorities, Declaration of Ryan A. Crist in support thereof, Separate Statement, the pleadings and
`papers on file in this matter, and upon such documentary evidence and oral argument as may be
`presented at the hearing on this motion.
`
`Date: May 2, 2022
`
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`PARRIS LAW FIRM
`
`
`
`Ryan A. Crist
`Attorneys for Plaintiff
`and the Putative Class
`
`
`
`
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`
`
`
`
`1
`_____________________________________________________________________________
`PLAINTIFF’S NOTICE OF MOTION TO COMPEL DEPOSITIONS OR TO STRIKE DEFENDANT’S DECLARATIONS
`IN SUPPORT OF OPPOSITION TO MOTION FOR CLASS CERTIFICATION
`
`
`
`PROOF 0F SERVICE
`1013A(3) CCP Revised 5/1/88
`STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
`
`\DOONQLII-bUJNH
`
`I am employed in the County 0f Los Angeles, State 0f California. I am over the age of 18 and not
`a party to the Within action. My business address is 43364 10th Street West, Lancaster, California 93534.
`On May 2, 2022, I served the foregoing document described as PLAINTIFF’S NOTICE 0F
`MOTION AND MOTION TO COMPEL DEPOSITIONS OR TO STRIKE DEFENDANT’S
`DECLARATIONS 0F ANGELICA DE BOLANOS, GREGORY FREDE, NANCY HERRERA,
`EMMANUEL GARCIA, GERARDO FUENTES, SAMANTHA RAMIREZ, AND ERIK TERAN,
`as follows:
`
`Counselfor Defendant Sun—Maid Growers ofCalifornia
`
`Sandra L. Rappaport, Esq.
`srappaport@hansonbridgett.com
`Molly L. Kaban, Esq.
`mkaban@hansonbridgett.com
`Adrianna C. Kourafas, Esq.
`akourafas@hansonbridgett.com
`HANSON BRIDGETT LLP
`425 Market Street, 26th Floor
`San Francisco, California 94105
`Telephone: (415) 777-3200
`Facsimile: (415) 541-9366
`[X] BY ELECTRONIC SERVICE: I served the foregoing document on the e-mail addresses
`stated above.
`
`NNNNNNNNNr—‘r—‘h—flfl—Ar—‘r—dr—Ay—A
`
`OCNOMbWNHOOWNQmJ>WNHO
`
`Angelica De Bolanos
`2227 Mitchell Avenue
`Selma, California 93662
`Emmanuel Garcia
`2681 Stephanie Street
`Selma, California 93662
`Erik Teran
`3711 Bryan Street
`Selma, California 93662
`Gerardo Puentes
`8284 East Dinuba Avenue
`Selma, California 93662
`Gregory Frede
`605 East Hazelwood Drive
`Lemoore, California 93245
`Nancy Herrera
`11388 13th Avenue
`Hanford, California 93230
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`Declarcmt
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`Declarcmt
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`Declarcmt
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`Declarcmt
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`Declarcmt
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`Declarcmt
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`Declarant
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`Samantha Ramirez
`1555 South Avenue #1511
`Orange, Cove California 93646
`[ X ] BY PERSONAL SERVICE as follows:
`[ ]
`I delivered such envelope by hand to the addressees at ________________
`[ ]
`I caused the foregoing document described hereinabove to be personally delivered
`by hand by placing it in a sealed envelope or package addressed to the persons at
`the addresses listed on the attached service list and provided it to a professional
`messenger service whose name and business address is Team Legal, Inc., 963
`West Avenue J, Lancaster, CA 93534.
`I caused the foregoing document described hereinabove to be personally delivered
`by hand by placing it in a sealed envelope or package addressed to the persons at
`the addresses listed on the attached service list and provided it to a professional
`messenger service whose name and business address is First Legal Support
`Services, 1511 West Beverly Blvd., Los Angeles, CA 90026.
`I caused the foregoing document described hereinabove to be personally delivered
`by hand by placing it in a sealed envelope or package addressed to the persons at
`the addresses listed on the attached service list and provided it to a professional
`messenger service whose name and business address is Dynamic Legal Services,
`P.O. Box 1629 Fresno, CA 93717.
`
`[ ]
`
`[ X ]
`
`Executed on May 2, 2022, at Lancaster, California.
`I declare under penalty of perjury under the laws of the State of California that the above is true
`and correct.
`
`[X]
`
`___________________________
`Monica Alvarez
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