2010-00079435-CU-OE

Jessica A. Golden vs. Pacpizza, LLC

Nature of Proceeding: Motion to Compel Production of Documents Nos. 58 & 60

Filed By: Bulaon, Cat N.

Plaintiff’s Motion to Compel Further Responses to Request for Production of
Documents Nos. 58 and 60 and Further Response to Special Interrogatory No. 56 was
continued to today’s date from April 2, 2014. No joint statement having been filed by
the due date of April 21, 2014, and the parties having improperly each filed a
document, the parties are directed to file a joint statement by May 29, 201 as the
Court previously ordered. The matter is continued to June 10, 2014 in Dept. 53.

The prior Tentative Ruling is repeated for the convenience of the parties below.

Plaintiff’s Motion to Compel Further Responses to Request for Production of
Documents Nos. 58 and 60 and Further Response to Special Interrogatory No. 56 are
GRANTED, as set forth below. Plaintiff’s request for imposition of sanctions is
DENIED. C.C.P., secs. 2023.030(a), 2031.310(a), 2030.300.

This is a wage and hour class action, filed on behalf of Shift Leaders employed by defendant PacPizza, LLC. Plaintiff’s class allegations challenge defendant’s meal
waiver policy, alleging that they are invalid per se, in violation of Labor Code, secs.
226.7, 512. Plaintiff also claims defendant failed to maintain and provide accurate pay
statements relating to meal and rest period claims.

Request for Production of Documents Nos. 58 and 60

Plaintiff propounded post-class certification discovery requesting punch time records of
the class (Request No. 58) and records of off-duty meal periods that might have been
taken by Shift Leaders. (Request No. 60)

Plaintiff served this discovery to establish liability and to calculate class-wide damages
and damages and prove Defendant’s violations of the various Labor Codes. Such
evidence necessarily includes the time records indicating (i) each date a Class
Member worked 6 or more hours and (ii) each date (if ever) a Class Member recorded
taking a 30 minute duty-free meal period, which will then allow Plaintiff to calculate the
damages owed to the Class.

Defendants object to the production of documents in response to nos. 58 and 60 as
burdensome, oppressive and irrelevant.

Special Interrogatory No. 56

Plaintiff propounded post-certification discovery requesting the pay period of each
class member. (Interrog. 56) Defendant objected.

After meet and confer, defendant maintained that it would be too burdensome to
produce pay periods, although it acknowledged that this information was relevant to
damage calculation.

The Court finds that all of the requested discovery is relevant to the issues in this
action, even if limited to damages.

In opposition, defendant asserts that the meet and confer was insufficient. The Court
finds that the evidentiary showing as to meeting and conferring is sufficient to support
the filing of this motion.

As to the burden on defendants of responding to the discovery, in reply, Plaintiff has
proposed sharing the costs of production equally between plaintiff and defendant, to
equalize the financial burden set forth in the declaration of Christina Stephan in
opposition. The Court accepts this offer as equitable and fair.

Plaintiff proposes working with defendant’s computer company InfoSync to obtain the
discovery requested in Excel format, to minimize the expenses incurred.

Counsel are ordered to further meet and confer to arrive at a stipulated procedure for
the production of these records. A joint stipulation, or joint separate statement,
including the proposal for the manner and dates of production, shall be filed with the
Court not later than Monday, April 21, 2014. A further hearing is be calendared for
Wed., May 21, 2014, to confirm dates for production of the discovery. Should the
parties jointly request more time, the Court will entertain a stipulation to continue the
hearing to a later date.
Sanctions are denied, as the complexity of the production constitutes other
circumstances making the imposition of the sanction unjust.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.