MOTION FOR SUMMARY JUDGMENT
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`Filing Date: Sep-28-2012 3:39
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`Filed by: WESLEY G. RAMIREZ
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`Juke Box: 001
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`Image: 03784887
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`ee
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`SUPERIOR COURT OF CALIFORNIA
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`COUNTY OF SAN FRANCISCO
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`Document Scanning Lead Sheet
`Sep-28-2012 3:40 pm
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`Case Number: CGC-11-516092
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`ALFREDO PLASCENCIA VS. ALL SEAS WHOLESALE INC., A CORPORATION et
`al
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`001C03784887
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`Instructions:
`Please place this sheet on top of the document to be scanned.
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` tef £D
` HE COURT
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`Superior Gout
`Gbunty Ge
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`n Francisco
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`SEP 2B
`CLERK
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`2012
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`Deputy Clerk
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`BROWNSTEIN THOMAS, LLP
`MARK C. THOMASSBN: 215580
`353 Sacramento Street, Suite 1140
`San Francisco, CA 9411
`415-986-1338
`415-986-1231 facsimile
`
`Attorneys for Defendant
`All Seas Wholesale,Inc.
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`BY:
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`SUPERIOR COURT OF CALIFORNIA
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`COUNTY OF SAN FRANCISCO
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`UNLIMITED JURISDICTION
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`ALFREDO.PLASCENCIA,
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`Plaintiff,
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`VS.
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`ALL SEAS WHOLESALE,INC., a
`Corporation, and DOES 1 through 15, Inclusive,
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`Defendants.
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`
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`iNo.: CGC-11-516092
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`OTICE OF MOTION AND DEFENDANT
`ALL SEAS WHOLSESALE, INC. MOTION
`FOR SUMMARY JUDGMENTORIN THE
`ALTERNATIVE MOTION FOR
`SUMMARY ADJUDICATION
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`Hearing Date: Dec 14, 2012
`Time: 9:00 am%eo
`Dept.: 302
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`Trial Date: Jan. 14, 2012
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`TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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`YOU ARE HEREBY NOTIFIED THAT
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`aA s
`on December14, 2012, at 9:86 am, or as soon
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`thereafter as counsel maybe heard, in Department 302 of the San Francisco County Superior
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`Court, located at 400 McAllister Street, San Francisco, California 94102, Defendant All Seas
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`Wholesale, Inc. will move this Court, and hereby do move this Court pursuant to Code ofCivil
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`Procedure Section 437c for summary judgmentorin the alternative an order summarily
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`adjudicating the following:
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`Notice of Motion and Motion for Summary Judgment- 1
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`Retaliation for filing a Workers’ Compensation claim cannotserveas the basis for
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`a commonlaw termination in violation of public policy claim;
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`All Seas has established a legitimate non-discriminatory reason for Plascencia’s
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`lay off;
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`Plascencia has no evidenceofpretext;
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`The undisputed fact show that Prior to August 2008, Plascencia was an hourly
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`employee who waspaid for every hour he wrote on his time card and did not
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`work any timeoff the clock;
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`Plascencia Received Meal Periods and Rest Breaks While He WasClassified As a
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`Non-Exempt Employee;
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`From August 2008 until he waslaid off, Plascencia was properly classified as an
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`exempt employee underthe executive/managerial exemption;
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`Plascencia waspaid all of his wagesat the time of his termination;
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`Plaintiff has not suffered any injury as a result of improperly itemized wage
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`statements;
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`Plaintiff lacks standing to pursue a claim under the PAGA;
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`10.
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`The undisputed fact show All Seas is notliable for any penalties under the Labor
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`Code;
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`11.
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`Plaintiffs fifth cause of action for Unfair Business Practices fails as a matter of
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`law because Plaintiff may not bootstrap this cause of action to his other claims;
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`and
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`12.
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`In any event, Plaintiff's fifth cause of action for Unfair Business Practices is
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`merely duplicative of her other causes of action and adds nothing to the complaint
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`by wayoffact or theory.
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`Notice of Motion and Motion for Summary Judgment- 2
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`BROWNSTEIN THOMAS, LLP
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`LES
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`MARK C. THOMAS
`Attorneys for Defendant
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`DATED: September 28, 2012
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`Notice of Motion and Motion for Summary Judgment- 3
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`BROWNSTEIN THOMAS, LLP
`MARK C. THOMASSBN: 215580
`353 Sacramento Street, Suite 1140
`San Francisco, CA 9411
`415-986-1338
`415-986-1231 facsimile
`Attorneys for Defendant
`All Seas Wholesale, Inc.
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`:
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`F r
`§ i E
`CbunetSourofCalfomia
`anclsco
`Sp 28 2012
`CLERK
`THE
`COUR
`Sanyaer!
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`BY:
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`SUPERIOR COURT OF CALIFORNIA
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`COUNTY OF SAN FRANCISCO
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`UNLIMITED JURISDICTION
`
`ALFREDO PLASCENCIA,
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`Plaintiff,
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`VS.
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`Case No.: CGC-11-516092
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`VIDENCE SUBMITTED IN SUPPORT OF
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`ALL SEAS WHOLESALE,INC., a
`Corporation, and DOES1 through 15, Inclusive, Hearing Date: Dec 14. 2012
`o¥
`Defendants.
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`.
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`Trial Date: Jan. 14, 2012
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`Pursuant to California Rules of Court, Rule 3.1350(g), Defendant All Seas Wholesale,
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`Inc. submits the attached evidence in opposition to Defendant’s Motion for Summary Judgment.
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`Tab 1 — Declaration of Peggy Howse, and Exhibits A-M
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`Tab 2 —Deposition transcript for Alfredo Plascencia, including exhibits.
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`Tab 3 — Declarations of All Seas Employees
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`HI
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`/I/
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`HH
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`Evidence Submitted - 1
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`DATED: September 28, 2012
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`BROWNSTEIN THOMAS, LLP
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` ARK C. THOMAS
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`Attorneys for Defendant
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`Evidence Submitted - 2
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`Case No.: CGC-11-516092
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`ECLARATION OF PEGGY HOWSEIN
`SUPPORT OF ALL SEAS WHOLSESALE,
`NC MOTION FOR SUMMARY
`JUDGMENT OR IN THE ALTERNATIVE
`MOTION FOR SUMMARY
`ADJUDICATION
`
`Hearing Date: Dec 14, 2012
`ime: 9:00 am
`iDept.: 302
`
`BROWNSTEIN THOMAS, LLP
`MARK C. THOMASSBN: 215580
`353 Sacramento Street, Suite 1140
`San Francisco, CA 9411
`415-986-1338
`415-986-1231 facsimile
`
`Attorneys for Defendant
`All Seas Wholesale, Inc.
`
`SUPERIOR COURT OF CALIFORNIA
`
`COUNTY OF SAN FRANCISCO
`
`UNLIMITED JURISDICTION
`
`ALFREDO PLASCENCIA,
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`Plaintiff,
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`VS.
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`ALL SEAS WHOLESALE,INC., a
`Corporation, and DOES | through 15, Inclusive,
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`Defendants.
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`‘Trial Date: Jan. 14, 2012
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`I, Peggy Howse,declare as follows:
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`1.
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`I am Peggy Howse,the President of All Seas Wholesale, Inc., which is the
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`Defendantin this action.
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`I have personal knowledgeofthe following facts andif called as a
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`witness herein, I could and would testify competently thereto underoath.
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`2.
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`All Seas Wholesale, Inc. was founded in 1985 by Richard and Peggy Howse. As
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`the name implies, All Seas is a seafood wholesalerthat receives local fresh fish from San
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`Francisco, Monterey, Half Moon Bay,and Fort Bragg daily. All Seas also receives seafood from
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`Howse Declaration - 1
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`Oregon & Washington States, Western Canada, Southern California, Mexico, the East Coast,
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`Canada, South America, New Zealand, Australia, Thailand, Hawaii, and the Philippines. The
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`seafood is received by All Seas’ production department. The sea food is processed by the
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`production department and then distributed to customers throughout the Bay Area.
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`3.
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`When Plascencia worked for All Seas, All Seas had four different departments:
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`sales; purchasing; finance; and production. Plascenica was responsible for the overall
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`supervision of the production department and the approximately twenty (20) employees who
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`worked in that department. Within the production department, employees are groupedinto
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`several different departments.
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`4.
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`Processing Department — filleters work in the processing department. Filleters are
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`responsible for filleting the fish to the specifications ordered by the client, which at times, are
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`very complex. For instance, All Seassells fish to airlines. The airlines order demandsall pieces
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`of fish be cut exactly the same. Unfortunately,not all fish are the same size and shape. The
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`filleters use their skill to find comparable fish to yield hundreds (and at times thousands) ofcuts
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`of fish that look virtually the same.
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`5.
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`Filleters skills (or lack thereof) also have a huge impactontheprofitability of All
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`Seas. Fish is sold by the pound. A skilled filleter uses the knife to yield the maximum amount
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`offish onthefillet. Ifnot, the fish remains on the bone and is thrown awayas scrap. Thus, the
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`filleters must use their skill to fillet the fish to maximize the amountoffish onthefillet and
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`minimize scrap.
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`Shellfish Department — Shell fish can contain dangerousbacteria and parasites
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`that could make people sick and could be potentially fatal. As a result, California has enacted
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`strict regulations governing the purchase andsale ofshell fish and the documentation required to
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`be completed. The purchase andsale ofshell fish and the documentations required is complex
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`and detailed. Every piece of shell fish that enters the facility must be accounted for. All shell
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`fish must be tracked from the point of purchase to the point of sale. All shell fish that dies and is
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`thrown away must be accounted for. If there is any problem (i.e. a consumereats shell fish and
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`gets sick) All Seas must be able to state exactly where the shell fish was purchased from and
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`Howse Declaration - 2
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`where else the product was sold. If All Seas fails to comply with all the California regulations,
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`All Seas could be fined andlose its license.
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`7.
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`Frozen Department - The third department on the production flooris the frozen
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`department. All Seas has over $250,000 worth of seafoodin its freezer. The employeesin the
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`freezer are responsible to keep track ofall the inventory as well as receiving, rejecting,
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`monitoring quality and locating stock. They mustalso efficiently pull the product as needed,
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`knowthe stock requirements, know the seasonal stock requirements, and work with the
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`purchasing department to make sure adequate stock is on hand.
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`8.
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`Packer/Driver Department - The packers/drivers are responsible for knowingtheir
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`route, the customers on their route, and product the customers on their route take, packing the
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`orders into boxes, loading their truck, and delivering the product to All Sea’s customers. Drivers
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`are required to load their own trucks to ensure the truck is properly loaded, which meansall the
`orders are loadedon the truck in the correct order(fish that is droppedofffirst is loadedlast),
`and the truck is balanced so the load does not shift. The packer/drivers must also monitor the
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`temperature of their truck to prevent spoliation of product.
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`9.
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`Managerof the Production Department - The managerofthe production
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`departmentis expected run the production departmentin an efficient manner, to supervise all
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`four departments, including all of the employees in the production department. This
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`encompasses everything from ensuring all employeesare properly trained, distributing work
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`orders to employees, spot checking to makesure the filleters are cutting fish to the order
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`specifications and fish is not being wasted, overseeing the shell fish departmentto ensureall
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`regulations are followed and proper documentation is maintained, and watching over the frozen
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`department. The manager supervises the packer/drivers to make sureall the orders are
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`completely filled and are properly loaded on the truck. Ifthe driver in the field has any
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`problems, the driveris to call the managerto help solve the problem.
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`10.
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`In addition, the manager of the production departmentis expected to
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`communicate with the sales department regarding customers’ orders andsatisfaction;
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`communicate with accountingif there are problems with invoices or payments’ and
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`Howse Declaration - 3
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`communicate directly to the president of the company to report on the overall operation of the
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`Production department, including recommending employeesfor discipline and participating in
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`interviews to recommend employee for hire. Plascecnia’s recommendations concerning
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`discipline and the hiring and firing of employees were given particular weight.
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`11.—Plascencia washired on April 4, 2006 as the general managerof the production
`department. He was initially classified as a non-exempt employee and earned $16.00 an hour.
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`On May 7, 2007, Plascencia received a raise to $16.50 an hour and on October 22, 2007 he was
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`given anotherraise to $17.00 an hour.
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`12.
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`Up until August of 2008, Richard Howse helped Plascencia managethe
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`production department. In August 2008, Richard Howse focused his attention on overseeing the
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`office. (the interoffice memo documenting the changeis attached as Exhibit A). Plascencia was
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`given the sole responsibility of managing the production department. Plascencia wasreclassified
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`as an exempt employee and his pay was changed from $17.00 an hour to a $65,000 annual
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`salary.
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`13.
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`Plascencia enjoyed the status, privileges and extra incomeafforded to his exempt
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`position. All Seas treated Plascencia as part of the management team. Forinstance, All Seas
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`loaned Plascencia $5,000 on two separate occasions(total of $10,000). (the loan documents are
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`attached as Exhibit B.) Non-management employees were not offered loans. Additionally, when
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`Plascenica neededa letter from All Seas to help with his immigration, All Seas senta letter that
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`described Plascencia as “a valuable memberof [AI] Seas] management team...”. (this letter is
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`attached as Exhibit C). Plascencia also had the security codes to open and close All Seas’
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`facility, and keysto all the doors and storage area. He wasalso provided with a companycell
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`phone andcredit card.
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`14.
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`As the Production Manager, Plascencia was expected to manage the production
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`department and supervise the 20 employeesin the production department. All Seasrealistically
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`expected Plascencia would spendat least 50% of his time performing exempttasks. As the
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`manager of the production department, Plascencia was not micromanaged andinstructed to
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`spend a particular amountof time on any specific task. Plascencia had the discretion to spend hi
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`Howse Declaration - 4
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`time as he saw fit to run the production departmentin the most efficient way possible. This
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`would include supervising the over 20 employeesin the production department, and ensuring the
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`operation ran efficiently. He was also expected to conduct safety meetings and ensure company
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`policy was followed. Plascencia had the authority to discipline employees, hire employees
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`(including his nephew Carlos), recommend employees for termination (three write-ups from
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`Plascencia resulted in termination), decide the number of employees needed to work each day,
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`schedule which employees would work each day, and approve employees requests for vacation
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`days. (documentation of Plascencia’s involvement in employee discipline are attached as Exhibit
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`D); (an example of Plascencia signing off on an employee’s request for time off is attached as
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`Exhibit E). If Plascencia spentless that 50% of his time performing non-exempt work, he was
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`not performing to the expectationsofhis job.
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`15.
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`Plascencia was expected to exercise discretion and plan his employees’ work
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`every day. Plascencia was expected to begin each day by reviewing the purchase orders sent
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`over by the sales department. He would then determine the most efficient way to complete the
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`orders and organize the sequence in which each order was completed. Oncethe strategy for
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`completing the orders was complete, Plascencia wouldinstruct the production crew andhis
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`drivers how to carry out the plan for the day.
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`Asthe supervisor of the production department, Plascencia earned an annual
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`salary of $65,000. He earned much more than the average production worked who earned
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`approximately $13.50 an hour. By virtue of his increased salary, All Seas realistically expected
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`Plascencia would spendat least 50% ofhis time performing managementduties. If not, All Seas
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`would have paid him at a lower hourly rate commensurate with other non-exempt employees.
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`To the extent Plascencia claims he was spending the majority of his time performing the same
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`job duties as an employee earning $13.50 an hour, he clearly was not performing the job duties
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`he was reasonably expected to perform.
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`17.
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`In September 2009, All Seas hired a second managerto assist Plascencia. This
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`wasnot a demotion; Plascenciastill earned the same $65,000 salary. Plascencia wasstill
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`expected to manage the production department and supervise employees. Plascencia wasalso
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`Howse Declaration - 5
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`responsible to manage All Seas’ compliance with all applicable California State and Federal
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`laws, including the Hazard Analysis & Critical Control Points (HACCP) Regulations
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`promulgated by the Food and Drug Administration, as well as quality control. In this regard, he
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`led safety meetings and trained employees on legal compliance. Additionally, Plascencia was-
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`also responsible for meeting with Federal and California state inspectors during routine
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`inspections. Finally, Plascencia ensured all required documentation for daily sanitation and
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`temperature were properly completed and maintained.
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`18.
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`Like most small businesses, the recession negatively impacted All Seas. In 2009,
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`All Seas lost $97,300. In 2010, All Seas lost $99,180. (All Seas’ tax returns for 2009 and 2010
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`are attached as Exhibit F). The business losses forced All Seas to cut costs to stay in business.
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`In an effort to cut costs, from October 2010 to January 2011, All Seas laid offfive (5)
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`employees, including Plascencia. (terminationletters for the laid off employeesare attached as
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`Exhibit G) All Seas has also reduced the pay of management employees; Peggy Howse,the
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`company president even reduced her pay. (The memo documenting the reduction ofpay is
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`attached as Exhibit H)
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`19.
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`In January 2009, Plascencia slipped andfell in the fillet room andfiled a workers’
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`compensation claim. Plascencia did not miss any work dueto the injury and the workers’
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`compensation claim was closed on July 27, 2009. (the closure letter for the workers’
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`compensation claim is attached as Exhibit I).
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`20.
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`On September 28, 2010, Plascencia cut his finger while trying to use a broken
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`fillet knife to replace an interior door. Plascencia wastreated at Kaiser for the cut and was
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`instructed to keep his finger protected for two weeks. Plascencia wasnot disciplined forvisiting
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`the hospital. Plascencia was given a written warning for using a brokenfilet knife instead of the
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`proper tools. After Plascencia returned to work, his finger became infected. He received
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`treatment for his infection on November4, 2011, and was taken off work until November6,
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`2011. When Plascencia returned to work, he was placed on modified duty until November 24,
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`2011. On November 24, 2011, Plascencia was allowed to return to work with norestrictions.
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`(the documents concerning this injury are attached as Exhibit J).
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`Howse Declaration - 6
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`21.—Followinghis termination, Plascenciafiled a wrongful termination action with the
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`Department of Fair Employment and Housing. Plascencia’s wrongful termination claim was
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`investigated by the Department of Fair Housing Employment. A DFEHinvestigator reviewed
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`the files and interviewed numerousAll Seas employees. After the investigation, the DFEH
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`investigator recommendedthecase be closed due to lack of evidence to support Plascencia’s
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`claim that he was wrongfully terminated. (Plascencia’s DFEH claim andthe closureletter are
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`attached as Exhibit K).
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`22.
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`While Plascencia was employed at All Seas, an All Seas employee filed a
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`complaint with the Labor Commissioneralleging he was denied mealperiods andrest breaks.
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`Asthe supervisor, Plascencia submitted a letter to the Labor Commissionerto verify All Seas did
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`not violate and labor laws. Plascencia’s letterstates:
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`“I’ve worked 3 years for All Seas and until now we’ve been given the rightto take
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`breaks. I’m in charge of the production floor and once in a while I make meetingto
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`remind everyoneto take their breaks specifically to the drivers because mostof the time
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`they’re outside the company.
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`I tell them they can take their breaks between the route or
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`when they’re done with their route. Each driver has a raw sheet to write what time they
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`take their break. They write what time theystart their break and what time they finish
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`their break. If the driver doesn’t want to take their break its his responsibility.
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`I happy to
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`workat All Seas.”
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`(Theletter is attached is Exhibit L).
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`23.
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`Up until December 2011, All Seas used an older software program to process
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`payroll. In January 2012, All Seas switched to ADPto process its payroll. ADP does not
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`include employee’s social security numbers on the wage statements.
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`24.
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`Plascencia was terminated on January 11, 2012. When he wasterminated he was
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`given his final paycheck with all wages owed. The terminationletter and acknowledgment of
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`receipt as attached as Exhibit M.
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`Howse Declaration - 7
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`I declare under penalty of perjury under the lawsofthe State of California that the
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`foregoing is true and correct. Executed this 28" day of September 2012.
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`Howse Declaration - 8
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`EXHIBIT A
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`INTER OFFICE MEMO
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`To: Bookkeeping
`From: Richard Howse°
`Re: payroll
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`Date: 08/04/08
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`Mr. Plascencia will berunning production on his own. Whichwill free me
`to work in the office. Now Mr. Plascencia hasthe sole responsibility of
`managing the production floor; he has earnedto right to go on Salary.
`Please calculate his average paycheck to compensate him duly.
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`AS00212
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`EXHIBIT B
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`PROMISSORY NOTE
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`Date: December 4, 2007
`
`Alfredo Plascencia
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`Principal Amount $5,000.00
`
`State of California
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`FOR VALUE RECEIVED,the undersigned herebyjointly arand severally promises to pay to the -
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`order of
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`All Seas Wholesale, Inc.
`2390 Jerrold Avenue
`San Francisco, CA 94124
`
`, The sum of Five Thousand and no/100****
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`Dollars ($5,000.00), together withProcessing fee and 9% interest onthe unpaidbalance. Said
`sum shall be paid in the mannerfollowing:
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`$200.00 plus $9.00 processing fee and interest per payroll check until satisfied. Beginning with
`payroll thatfollows the completion of the existing loan.
`All Payments shallbefirst applied to interest andthe balanceto principal. This note may be —
`prepaid, at any time, in wholeorin part, without penalty. Allprepayments shall be applied in
`reverse order of maturity.
`
`This note shall at the option of any holder here of be immediately due and payable uponthe
`failure tomake any payment due hereunder within 10 days ofits due date.
`In the event this note shall be in default, and placed with an attorney for collection, then the
`undersigned agree to pay all reasonable attorney fees and costs ofcollection. Payments not made —
`within five (5) days of due date shall be subjectto a late charge of 9% of said payment. All
`payments hereunder shall be made to such address ad’may from timeto time be designated by
`anyholder hereof.
`Theindersigned andall otherparties to this note, whether:as endorsers, guarantors or sureties,
`agree to remain fully bound hereunderuntil this noteshall be fullypaid and waive demand,
`_ presentmentand protest andallnotices thereto and further agree toremainbound,
`notwithstanding anyextension, renewal, modification, waiver, or‘otherinduigence by any holder
`or uponthe discharge ofrelease ofany obligor hereunderortothis’note,orupon the exchange,
`substitution, orxrelease ofany collateral granted as securityforthisic
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`AS00012
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`indulgence by any holder hereof shali be binding unless in writing: and any indulgence on any
`one occasion shall not be an indulgence for any other or future occasion. Any modification or
`change ofterms, hereunder granted by any holder hereof, shall be valid and binding upon-each of
`the undersigned, notwithstanding the acknowledgementof any of the undersigned, and each of
`the undersigned does hereby irrevocably grant to each ofthe other a powerof attorney to enter
`into any such modification on their behalf. The rights of any holder hereof shall be cumulative
`and not necessarily successive. This note shall take effect as a sealed instrumentand shall be
`construed, governed and enforced in accordance with the laws ofthe State first appearing at the
`head ofthis note. The undersigned hereby execute this note as principals and not as sureties.
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`Signed in the presenceof:
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`Date
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`GUARANTY
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`Wethe undersigned jointly and severally guaranty the prompt and punctual paymentsofall
`monies due under the foresaid and agree to remain bounduntil fully: paid.
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`Alfredo Plascencia
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`PROMESSORY NOTE
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`Date: April 10, 2008
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`Alfredo Plascencia
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`Principal Amount $5,000.00
`
`State of California
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`FOR VALUE RECEIVED,the undersigned hereby jointly and severally promise to pay to the
`order of
`
`All Seas Wholesale, Inc.
`2390 Jerrold Avenue
`San Francisco, CA 94124
`
`The sum of Five Thousand and no/100****
`~ Dollars ($5,000.00), together with Processingfee and 9% interest on the unpaid balance. Said
`sum shall be paid in the mannerfollowing:
`
`$200.00 plus $9.00 processing fee and interest per payroll check until satisfied. Beginning with
`payroll thatfollows thecompletion ofthe existing loan.
`AllPaymentsshall befirst applied tointerest and the balanceto principal. This noté may be
`prepaid,at any time, in wholeorin part, without penalty. All prepayments shall be applied in
`reverse order of maturity.
`This 1note shall at the option ofany holderhere ofbe immediately due andpayable upon the
`failure to make any payment due hereunder within 10 daysofits due date.
`
`In the event this note shall be in default, and placed with an attorney for collection, then the
`undersigned agree to payall reasonable attorney fees and costs of collection. Payments not made
`within five (5) days ofdue date shall be subject to a late charge of9% of said payment. All
`payments hereunidershallbe madeto such address ad may from timeto time be designated by
`any holderhereof.
`Theundersigned andall other patties tothisnote, whether as endorsers,guarantors or suretiés,
`agree to remain fullybound hereunder until this note shall be fully paid and waive demand,
`présentment andprotest and all notices thereto and further agreeto remain bound,
`notwithstanding any extension,renewal, modification, waiver, or otherindulgence by any holder
`oruponthe discharge ofrelease ofany obligor hereunderaor to this note, or upon theexchange,
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`substitution, orrelease ofany collateral granted as security forthisnote.No modification or
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`AS00009
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`indulgence by any holder hereof shall be binding unless in writing: and any indulgence on any
`one occasion shall not be an indulgence for any other or future occasion. Any modification or
`change of terms, hereunder granted by any holderhereof, shall be valid and binding upon each of
`the undersigned, notwithstanding the acknowledgementof any of the undersigned, and each of
`the undersigned does hereby irrevocably grant to each of the other a powerofattorney to enter
`into any such modification ontheir behalf. The rights of any holder hereofshall be cumulative
`and not necessarily successive. This note shall take effect as a sealed instrumentand shall be
`construed, governed and enforced in accordance with the lawsofthe State first appearingat the
`head ofthis note. The undersigned hereby execute this note as principals and not as sureties.
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`Signedin the presence of:
`
`Date |
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`GUARANTY
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`Wethe undersignedjointly and severally guaranty the prompt and punctual paymentsofall
`monies due underthe foresaid and agree to remain bound until fullypaid.
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`= A
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`. Alfredo Plascencia
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`¥Y-LO“Of Date
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`AS00010
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`EXHIBIT C
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`2390 Jerrold Avenue
`San Francisco, CA 94124
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`
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`Re: Employee: Mr. Alfredo Plascencia
`SSN: 620-96-1982
`Job Title: Production Manager- All Seas Wholesale, Ino.
`Start Date: April 4, 2006
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`To whom it may concern,
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`(415) 206-7327
`FAX:(415) 206-7733
`March 11, 2008
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`Co eee,
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`—
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`~
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`Mr. Alfredo Plascencia has been a valued member of our management team for
`nearing two years. We hired Alfredo to managea disorganized production crewof our” -
`Wholesale Seafood Distributorship due to stellar references he received from his previous
`employer, that was forced to downsizetheir business. Since spearheading the’
`- management of a twenty-person team, Alfredo has greatly increased efficiency, quality
`standards for product received and shipped, integration ofnew production protocols, and
`increased communication among different departments within the company. Hestrives .
`to maintain order, fairness, and equality of every employee underhis direction, regardless:
`ofrace or economic status. Alfredo consistently displays his dedication to his position,
`our customers, and the company by; going out ofhis way to service our clients, assisting
`other employees and departments whenthey are short handed,and helping maintain and
`improve thestructural conditionof our warehouse. Since his employment here at All
`-:Seas:Wholesale, Inc. Alfredohas.proved himselfto be.aninvaluable:“assettoque... a
`business, withoutwhom our productivity and success as d companywould oreatlysuffer,
`As an employer and friend I have know Alfredoto be an extremely dedicated
`husband and father; ofwhich five children currently depend on hispresence and income
`here in the United States. In addition to working an average ofsixty-five to seventy-
`hours a week, Alfredo takes care ofhis family by transporting youngones to and from
`school, sporting practices and other extracurricular activities. With a large extended
`family Alfredo is always willing to extend care or his skills whenever needed. Asa
`devout memberofthe Church of San Bruno for ten yeats Alfredo participates by —
`attending mass weekly, cookingfor fundraisers, and assisting parishioners with regular
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`duties, including collections.
`_ Alfredo is undeniably a hugeassetto the. many.peoplelucky:enough tobavehim ee
`"to depend upon. He and his wife have proved themselvestime andagain over the past 20
`years in this country to be respectable, dedicated, hardworking members ofthe
`_ comiinunity. L urge the Department ofHomeland Security’to do,whateverit takes to grant
`*thePlascencia’s residency1intheUnited States; astheytrulyernbodywhatitmeansto be
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`AS00101
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`Page 1 of2
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`contributing membersof society. I hope that properjustice is achieved in this case, for
`their deportation will not only negatively impact their lives, but that oftheir children,
`parents, and employers who have cometo rely on their presence here.
`LT eertify thatthe above information is correct to thebest ofmy knowledge, and
`subject for verification. Should you have any questions please contact me.
`
`Sincerely,
`
`Andrew Howse
`Vice President
`
`
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`Page 2 of 2
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`AS00102
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`EXHIBIT D
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`INTER OFFICE MEMO
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`April 9, 2007 re
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`__....Zo:RamonSoriano———maa
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`~ “From:Alfredo Plascencia
`RE: Warning #2
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`Please considerthis letter to be notice of improper behavior during
`employment with All Seas Wholesale,Inc.
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`On Saturday 4/7/07 you were sent to Gate Gourmet 249 for a
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`delivery. The invoice notes-that-you-werethereat10:59. While
`making the delivery, there was confusion as to how many poundsof
`prawnsyou were delivering. You documented onthe invoice that
`the delivery was 50# short in weight of Prawns. This was nottrue.
`
`TELeeldidnotcallin to your supervisor while a¢ the customersite to
`'-—~clearupthe situation. There by creating a situation that can cost the
`companytimiéandmoney toclearthismisunderstanding up.
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`— Please sign below to acknowledge that you are being warned of the
`aboveinfraction.
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` <I redoPFlovoncia
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`(Ww.itness)
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`.
`2390 Jerrold Avenue
`San Francisco, CA 94124 eet
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`(415) 206-7327
`FAX: (415) 206-7733
`
` CE
`
`To: Ramon Soriano
`From: AlfredoPlascencia |
`RE: Warning #3
`
`. Please considerthis letter to be notice of improper behaviorduring
`employment and termination ofyour employmentwwith All Seas
`Wholesale, Inc.
`Saeteteieaen
`
`On Thursday 4/26/07 youwere sent onthe short south route with
`three deliveries at 1:10 pm. This route took you 3 hours to complete.
`When you were questioned about your delay your behavior became
`+ rooREY,YOU.said-you were lost. When asked why you did not call in
`.
`“onyourcompanycellphone, yousworeattyour manager and left the
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`building.
`~~~
`:
`m
`Youvardidnot.call in to your supervisor while in route. There by
`creatinga situationthat can cost the companytime and money.
` nent withthis company is terminated due to your
`conduct.
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`

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`INTER OFFICE MEMO
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`May 15, 2007
`
`To: Daniel Hintermann
`From: Alfredo Plascencia
`RE: Warning #1
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`
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`hardship on the companythat can not betolerated.
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`Please considerthis letter to be notice of improper behavior during
`employment with All Seas Wholesale, Inc.
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`On Tuesday 5/15/07 you were scheduled to work starting at 5 am.
`You did not show up for work, nor did you call your supervisorto let
`the company know that you would not be coming in. This creates a —
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` cwitmess)
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`iNteeoc
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` ‘temas,
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`July 25, 2008
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`Rafael Mendez
`1514 23"! Avenue ..- .
`Oakland, Ca 94606.
`
`RE: Your employmentstatus at All SeasWholesale, Inc.
`_ Dear Raf