Preview
1 Rafael Gonzalez, SBN 210202
rgonzalez@mullenlaw.com
2 Brian T. Daly, SBN 298731
bdaly@mullenlaw.com
3 MULLEN & HENZELL L.L.P.
112 East Victoria Street
4 Post Office Drawer 789
Santa Barbara, CA 93102-0789
5 Telephone: (805) 966-1501
Facsimile: (805) 966-9204
6
Attorneys for Defendant
7 FRESH VENTURE FOODS, LLC
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SANTA BARBARA
11 COOK DIVISION
12
13 SICILIA MENDOZA, individually, on ) Case No. 18CV04448
behalf of themselves and all others )
14 similarly situated, )
) DECLARATION OF BRIAN T. DALY IN
15 Plaintiffs, ) SUPPORT OF DEFENDANT FRESH
) VENTURE FOODS, LLC’S OPPOSITION
16 v. ) TO PLAINTIFF’S MOTION IN LIMINE
) #1 FOR EVIDENTIARY AND/OR ISSUE
17 FRESH VENTURE FOODS, LLC, a ) SANCTIONS
California limited liability corporation, )
18 CENTRAL CITY LABOR [Form ) Date: June 2, 2023
Unknown], MARISOL GARCIA ) Time: 8:30 a.m.
19 SANDOVAL, individually; and DOES 1 )
through 20, inclusive, ) Dept.: SM2
20 ) Judge: James F. Rigali
Defendants. )
21 ) Complaint Filed: September 7, 2018
) Trial Date: June 5, 2023
22
23 DECLARATION OF BRIAN T. DALY
24 I, Brian T. Daly, do hereby declare and state as follows:
25 1. I am an attorney at law duly licensed to practice in the State of California, and I
26 am a partner with the law firm of Mullen & Henzell, L.L.P., counsel for Defendant Fresh
27 Venture Foods, LLC (“FVF” or “Fresh Venture”) in the above-entitled action. I make this
28 declaration in support of Fresh Venture’s Opposition to Plaintiff’s Motion in Limine #1 for
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DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO
PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS
1 Evidentiary and/or Issue Sanctions. I have personal knowledge of the facts set forth in this
2 Declaration and, if called as a witness, I could and would competently testify thereto.
3 2. FVF operates a food processing facility in Santa Maria. During the relevant
4 time period FVF utilized the services of Defendant Central City Labor (“CCL”), a temp
5 agency, to secure temporary employment services. FVF’s records indicate that Plaintiff Sicilia
6 Mendoza, an employee of CCL, worked at FVF’s facility for approximately six weeks in 2016.
7 CCL’s records indicate that she notified CCL of her resignation on September 7, 2016.
8 3. FVF’s records indicate that Javier Bravo is a former employee of FVF whose
9 employment with FVF began in December of 2014. During discovery in this case, Plaintiff
10 requested the personnel file for Javier Bravo. It was timely produced in response to the
11 request. FVF’s personnel file for Javier Bravo does not contain any complaints of harassment
12 regarding any alleged harassment of Plaintiff by Bravo.
13 4. In the course of discovery in this case, my office deposed Juan Navas. During
14 his deposition Mr. Navas was shown a copy of a “Work Evaluation” form, dated September
15 27, 2016. He acknowledged filling out this form and returning it to CCL. He also admitted
16 that the form did not mention Javier Bravo at all. He claimed that after he had submitted the
17 “Work Evaluation” form he was shown, he had submitted about four additional surveys
18 specifically naming Mr. Bravo, on the same “Work Evaluation” form. A true and correct copy
19 of relevant excerpts from the deposition (transcript pages 55:9-58:19) are attached as Exhibit
20 1. Plaintiff is in possession of this “Work Evaluation” form, which was produced by CCL in
21 discovery.
22 5. In the course of discovery in this case, Plaintiff deposed Doreen Rusconi,
23 CCL’s office manager, as CCL’s PMK. During her PMK deposition Ms. Rusconi testified that
24 she only provided a “Work Evaluation” form to CCL employees on a single occasion in
25 September of 2016. She also testified that she is responsible for maintaining CCL’s personnel
26 files. A true and correct copy of relevant excerpts from the deposition (transcript pages 58:7-
27 21; 120:14-20; 122:17-123:3; 126:25-127:17; 128:1-4; 128:21-129:10; 151:23-152:14) are
28 attached as Exhibit 2.
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DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO
PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS
1 6. On September 7, 2018, Plaintiff filed her Complaint in this matter, alleging a
2 single cause of action for wrongful constructive discharge in violation of public policy. On
3 March 28, 2022, this Court set the case for trial to take place on November 14, 2022. Pursuant
4 to CCP section 2024.020(a), based on the initial trial date of November 14, 2022, the deadline
5 for either party to have discovery motions heard was October 30, 2022. Although the Court
6 has since continued the November 14, 2022 trial date several times, this had no impact on the
7 discovery motion cutoff date pursuant to CCP § 2024.020(b).
8 7. In the leadup to the initial trial date the parties stipulated to complete certain
9 depositions after the fact discovery cutoff date. The parties did not stipulate to continue the
10 discovery motion cutoff date, or otherwise stipulate to permit the filing of discovery motions
11 after October 30, 2022.
12 8. In the course of discovery in this case, Plaintiff deposed Doreen Rusconi,
13 CCL’s office manager, as an individual. During her individual deposition Ms. Rusconi
14 testified that CCL received a request to maintain records in this case and that CCL has not
15 destroyed anything since this litigation began. She also testified that she is the person at CCL
16 in charge of the office and human resources functions. A true and correct copy of relevant
17 excerpts from the deposition (transcript pages 14:3-25; 59:12-21) are attached as Exhibit 3.
18 9. In the course of discovery in this case, Plaintiff deposed Marisol Sandoval
19 Garcia, the sole proprietor of CCL. During her deposition Ms. Sandoval testified, among other
20 things, that: Doreen Rusconi is the person in charge of everything pertaining to the lawsuit
21 against CCL; that Ms. Rusconi is responsible for maintaining CCL personnel files and Ms.
22 Sandoval does not know how long they are maintained; that Ms. Rusconi did not talk to Ms.
23 Sandoval about Javier Bravo’s personnel file being destroyed; and that the basis for her
24 purported “knowledge” of the destruction of Bravo’s file was that “several files were
25 destroyed, not only Bravo’s . . . [b]ecause they had already complied with the time we could
26 have them.” When directly asked later in her deposition to confirm that Bravo’s file was in
27 fact destroyed, Ms. Sandoval did not answer in the affirmative, but merely said “It could be.”
28 A true and correct copy of relevant excerpts from the deposition (transcript pages 10:13-11:6;
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DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO
PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS
1 54:25-55:4; 60:9-17; 61:23-62:3) are attached as Exhibit 4.
2 10. Ms. Sandoval’s deposition was held open to preserve defense counsel’s ability
3 to ask questions on cross, due to time constraints on the interpreter present at the deposition,
4 who had to leave early. On April 25, 2023, counsel for Plaintiff demanded that Ms. Sandoval
5 initiate her 30-day review of her deposition transcript. On May 19, 2023, Ms. Sandoval timely
6 submitted an errata sheet correcting certain testimony from her deposition, including the
7 testimony cited by Plaintiff in her Motion in Limine. Ms. Sandoval’s corrected testimony
8 clarifies that while she assumed Bravo’s personnel file was destroyed in 2020 when she was
9 told it could not be located, she does not actually know whether it was in fact destroyed. A
10 true and correct copy of the errata sheet is attached as Exhibit 5.
11 11. On May 8, 2023, Ms. Sandoval submitted a declaration in support of CCL’s
12 Opposition to Plaintiff’s Motion for Issue and/or Evidentiary Sanctions. A true and correct
13 copy of the declaration is attached as Exhibit 6.
14 12. On May 8, 2023, Ms. Rusconi submitted a declaration in support of CCL’s
15 Opposition to Plaintiff’s Motion for Issue and/or Evidentiary Sanctions. A true and correct
16 copy of the declaration is attached as Exhibit 7.
17 I declare under penalty of perjury under the laws of the United States and the State of
18 California that the foregoing is true and correct, and that this declaration was executed on May
19 30, 2023, at Santa Barbara, California.
20
21 DATED: May 30, 2023 MULLEN & HENZELL L.L.P.
22
23
By: ________________________________
24 Brian T. Daly
25 Attorneys for Defendant
FRESH VENTURE FOODS, LLC
26 23437-0002
27
28
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DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO
PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS
EXHIBIT 1
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF SANTA BARBARA
3 COOK DIVISION
4
5 SICILIA MENDOZA, individually,) Case No.
on behalf of themselves and ) 18CV04448
6 all others similarly situated,)
)
7 Plaintiffs, )
)
8 vs. )
)
9 FRESH VENTURE FOODS, LLC, a )
California limited liability )
10 corporation, CENTRAL CITY )
LABOR [Form Unknown], MARISOL )
11 GARCIA SANDOVAL, individually;)
and DOES 1 through 20, )
12 inclusive, )
)
13 Defendants. )
______________________________)
14
15
16 VIDEOCONFERENCE DEPOSITION OF JUAN NAVAS
17 SAN DIEGO, CALIFORNIA
18 TUESDAY, SEPTEMBER 6, 2022
19
20
21
22 Reported by:
DANA L. SHELLEY
23 CSR No. 10177
24 Job No. 5424729
25
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1 the first survey in your first week?
2 A Yes, my first payment week.
3 Q Do you recall telling the EEOC that you got
4 your first survey three months after you started?
5 A No. Three months? No, that was -- the person
6 who gave me the survey was Lupita, Central City Labor.
7 Three months later, I was an employee of Fresh Venture
8 Foods.
9 Q I'm going to show you a document.
10 Can you see this?
11 A It's very small, very tiny.
12 Q How about that?
13 A Okay.
14 Q Is this the survey you're referring to that
15 Central City Labor would give you?
16 A Correct.
17 Q And it's your testimony that they gave you
18 this survey four or five times?
19 A Correct.
20 Q And you would write your name on the survey?
21 A No. They would give them to us with our names
22 on it already.
23 Q That's over here on the left-hand side.
24 Someone wrote your name on it; is that correct?
25 MR. MARTINEZ: Can I object? For the record,
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1 there appears to be some sort of like superimposed
2 writing on here that does not look like the regular
3 writing.
4 MR. DALY: Okay. You can state that objection
5 for the record.
6 MR. MARTINEZ: Yeah. So I just want to make
7 sure that -- it appears like on No. 4, there's something
8 that was altered. No. 5, it looks like something was --
9 paragraph 5, something was altered; as well as 6 and
10 possibly 8, from what I can tell.
11 Anyways, go ahead.
12 THE WITNESS: Correct. And they wrote my last
13 name wrong.
14 Q BY MR. DALY: They left off the "s"; is that
15 right?
16 A Correct. That's the mistake.
17 Q Do you recognize your handwriting on this
18 document, Mr. Navas?
19 A Yes.
20 Q Is this your phone number, or was it your
21 phone number at the time?
22 A Possibly, at that time, yes.
23 Q Every survey that you received, the four or
24 five surveys, did they all look like this?
25 A Yes.
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1 Q The same questions?
2 A Yes.
3 Q Do you see the question --
4 A That's the first one.
5 Q Your testimony is that this is the first
6 survey you submitted?
7 A Correct; the first one. Because I indicate
8 that there was sexual harassment there, but I did not
9 mention who. I didn't mention the person's name.
10 Q Why did you tell the EEOC that you didn't
11 submit your first survey until three months into your
12 employment?
13 A Three months later? They probably understood
14 that wrong, because they at that time were not giving us
15 surveys. They were giving us surveys at the beginning
16 of my work, through Central City Labor, not when I
17 worked for Fresh Venture Foods, three months later.
18 Fresh Venture Foods did not provide any
19 surveys. And they did not provide us with any sexual
20 harassment training, once you're their employee. I
21 received sexual harassment training only through Central
22 City Labor.
23 Q So I want to make sure I understand your
24 testimony about this survey, in particular. Can you
25 tell me your best estimate of the date you submitted
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1 this to Central City Labor?
2 A Approximately the first or second week in
3 August of 2016; approximately.
4 Q And then it's your -- strike that.
5 And you didn't identify Javier Bravo by name
6 in this survey; correct?
7 A No, not in that one.
8 Q And then it's your testimony that you
9 submitted approximately four additional surveys in which
10 you did name Javier Bravo; correct?
11 A Correct; yes.
12 Q Did you mention Ms. Mendoza then by name, as
13 well?
14 A Yes.
15 THE REPORTER: Mr. Daly, was that Exhibit 11?
16 MR. DALY: Thank you. I'm sorry. Yes,
17 Exhibit 11.
18 (Exhibit 11 marked for identification
19 and attached hereto.)
20 Q BY MR. DALY: After that fourth day, where Mr.
21 Bravo said you should all go on a date but you should
22 stay home, did you ever personally witness Mr. Bravo
23 saying something inappropriate to Ms. Mendoza?
24 A Yes. Then he proposed to me to go to the
25 cinema in Los Angeles. It was in August. I don't
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1 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER
2
3 I, DANA L. SHELLEY, CSR No. 10177, a Certified
4 Shorthand Reporter, certify:
5 That the foregoing proceedings were taken
6 before me via videoconference; that the witness in the
7 foregoing proceedings, prior to testifying, was
8 administered an oath by me;
9 That the testimony of the witness, the
10 questions propounded, and all objections and statements
11 made at the time of the examination were recorded
12 stenographically by me and were thereafter transcribed
13 under my direction;
14 That the foregoing is a true and correct
15 transcript of my shorthand notes so taken.
16 I further certify that I am neither financially
17 interested in the action nor a relative or employee of
18 any attorney or any party to this action.
19 I declare under penalty of perjury under the
20 laws of the State of California that the foregoing is
21 true and correct.
22 Dated: September 19, 2022.
23
24 <%12056,Signature%>
25 DANA L. SHELLEY, RPR, CSR No. 10177
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EXHIBIT 2
· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA
· · · · · · · · FOR THE COUNTY OF SANTA BARBARA
·
· · SICILIA MENDOZA,· · · · · )· ·Case No. 18CV04448
· · · · · · · · · · · · · · · )
· · · · · · · · ·Plaintiff,· ·)
· · · · · · · · · · · · · · · )
· · · · · · · ·vs· · · · · · ·)
· · · · · · · · · · · · · · · )
· · FRESH VENTURE FOODS, LLC, )
· · a California limited· · · )
· · liability corporation,· · )
· · CENTRAL CITY LABOR [Form· )
· · unknown], and Marisol· · ·)
· · Garcia, an individual,· · )
· · · · · · · · · · · · · · · )
· · · · · · · · ·Defendants.· )
· · __________________________)
·
·
·
· · · · · · · Volume I of the Deposition of DOREEN LYNN
· · RUSCONI as the Person Most knowledgeable at Central City
· · Labor, taken at 9:02 A.M., Monday, September 26, 2022,
· · via Zoom videoconference, before Louise K. Mizota,
· · CSR #2818.
·
·
·
·
·
·
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EXHIBIT 2
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MENDOZA vs FRESH VENTURE FOODS
LYNN, DOREEN on 09/26/2022 Page 58
·1· · · Q.· ·And let's focus -- because it appears that you
·2· have these at different locations for different
·3· employers.· Correct?
·4· · · A.· ·Correct.
·5· · · Q.· ·And you have the key for all those boxes?
·6· · · A.· ·Yes, I do.
·7· · · Q.· ·And so what did -- what documents did you
·8· review to testify regarding number 14?
·9· · · A.· ·I looked in the -- the manila folder for Fresh
10· Venture to see if there was anything in there.· And
11· there wasn't anything in their file because most of the
12· time suggestion boxes have safety quizzes that are put
13· in them and those safety quizzes would go in the
14· employee file.· They wouldn't go in the box because you
15· know who they belong to.· The only thing that would be
16· in there would be something that would be -- I wouldn't
17· know where to file it because I wouldn't know who it
18· would be from.
19· · · Q.· ·So if you didn't know who it was from, you have
20· a specific file you put those in?
21· · · A.· ·That's the manila folder.
22· · · Q.· ·Okay.· Now, did you speak with anyone regarding
23· this topic?
24· · · A.· ·Charley.
25· · · Q.· ·Anyone else other than Charley?
(805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401
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MENDOZA vs FRESH VENTURE FOODS
LYNN, DOREEN on 09/26/2022 Page 120
·1· · · Q.· ·And gain, was there anything that didn't have
·2· an employee's name on it that was in the envelope?
·3· · · A.· ·No.· That's why I said the envelope was empty.
·4· · · Q.· ·Now, was there weekly work evaluation forms
·5· that employees filled out before getting their check?
·6· · · A.· ·No, not with me, unless they did with Fresh
·7· Venture.· But not with me, no.
·8· · · Q.· ·So you never had them fill out any sort of
·9· forms before getting their checks?
10· · · A.· ·No.
11· · · Q.· ·So the only things that would be filled out are
12· tests by employees?
13· · · A.· ·Yes.· Once a month.· Safety.· Safety.
14· · · Q.· ·Do you know who gave Juan Nava that work
15· evaluation form?
16· · · A.· ·That was given -- like I said, one month we
17· gave those out in place of a safety quiz.
18· · · Q.· ·Okay.· That's my question.· So that was only on
19· one occasion you gave out those forms?
20· · · A.· ·Yes.
21· · · Q.· ·Do you know why Juan Nava would have had that
22· form if he was at Fresh Venture?
23· · · A.· ·No.· He switched over in the middle of
24· September to Fresh Venture, so he got it -- he got it --
25· we would have gotten it that second week in September.
(805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401
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MENDOZA vs FRESH VENTURE FOODS
LYNN, DOREEN on 09/26/2022 Page 122
·1· people can actually write something down and submit it
·2· if they wanted to?
·3· · · A.· ·No.
·4· · · · · ·MR. MARTINEZ:· So can I have the next exhibit
·5· up?· This is, what, 5 now?· And it's the -- it's the
·6· suggestion box policy.
·7· · · Q.· ·Look in the middle.· It says Suggestion Box.
·8· Do you see that?
·9· · · A.· ·Uh-huh.
10· · · Q.· ·Is that a yes?
11· · · A.· ·Yes.· I see it.· I read it.
12· · · Q.· ·Okay.· So was this always the policy regarding
13· the suggestion box at Central City Labor?
14· · · A.· ·Yes.
15· · · Q.· ·Did it ever change at any point in time?
16· · · A.· ·No.
17· · · Q.· ·Now, throughout the entire time that you've had
18· the suggestion box you never had an anonymous letter or
19· note?
20· · · A.· ·No, I have not.
21· · · Q.· ·Now, you're the only one with the keys.
22· Correct?
23· · · A.· ·That's correct.
24· · · Q.· ·And you always checked that box every time you
25· were on site?
(805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401
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MENDOZA vs FRESH VENTURE FOODS
LYNN, DOREEN on 09/26/2022 Page 123
·1· · · A.· ·I checked it at least once a week.· I'm not
·2· going to say each time I went in checked it, but once a
·3· week, yes.· Always on payday.
·4· · · Q.· ·And what would you find in that box other than
·5· the tests that you mentioned?
·6· · · A.· ·Either nothing or quizzes or -- like I said,
·7· sometimes people would use it to put gum wrappers and
·8· stuff in there, but that's it.
·9· · · Q.· ·The form that you mentioned earlier that was
10· submitted by Mr. Nava, no one else submitted their form
11· in the same box?
12· · · A.· ·I -- I don't know.· I'd have to look in each
13· one's employee file and see if it's written on the back
14· that way.
15· · · Q.· ·How would it be written on the back that way?
16· Their names, or that it was deposited in that box?
17· · · A.· ·That it was -- yeah.· The date that it was
18· received.
19· · · Q.· ·So do you --
20· · · A.· ·It would say if it was received from there.
21· · · Q.· ·It would say received from the suggestion box?
22· · · A.· ·It would say the day that it was received on
23· the back.
24· · · Q.· ·Were you on site accepting these forms, or how
25· did you get these forms for the other employees?
(805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401
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MENDOZA vs FRESH VENTURE FOODS
LYNN, DOREEN on 09/26/2022 Page 126
·1· it ten?
·2· · · A.· ·No.· I didn't have hundreds of employees there.
·3· I know I didn't have that many.· I think at the most at
·4· that time I had maybe 25, maybe 30.
·5· · · Q.· ·And did you look through 20 to 30 personnel
·6· files to find those forms?
·7· · · A.· ·I looked in the employee files that I had --
·8· that I had in September, but I don't recall how many
·9· that was.
10· · · Q.· ·Now, the safety quizzes, how often were they
11· administered in 2016?
12· · · A.· ·Like I told you, once a month.
13· · · Q.· ·Okay.· So for these employees, it would have
14· the number of quizzes that corresponds to the number of
15· months they worked there?
16· · · A.· ·Correct.
17· · · Q.· ·Was that always the case that you did these
18· safety quizzes on a monthly basis?
19· · · A.· ·Yes.
20· · · Q.· ·That never stopped while you were at Fresh
21· Venture?
22· · · A.· ·No.· Pretty much every month.· I mean, there
23· might have been one month we didn't do them if -- for
24· some reason, but it was a monthly thing.
25· · · Q.· ·I'm going to have you take a look at Exhibit --
(805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401
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MENDOZA vs FRESH VENTURE FOODS
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·1· what I'm going to have marked as Exhibit Number 6.· It's
·2· a work evaluation form of Mr. Nava, I believe.
·3· · · · · ·Does this look familiar to you?
·4· · · A.· ·Yes, it does.
·5· · · Q.· ·So not looking at the actual writing, did
·6· Central City Labor provide this form to its employees?
·7· · · A.· ·Yes, I did.
·8· · · Q.· ·This is the one-off time that you were having
·9· employees do this?
10· · · A.· ·In September.· Yes, it was.
11· · · Q.· ·That's September of 2016.· Correct?
12· · · A.· ·Yes.· Well, I think it was '16.· Yes. I
13· remember it was in September.
14· · · Q.· ·Okay.· And did you pull this from the box
15· itself?
16· · · A.· ·No.· I pulled this from Juan Nava' employee
17· file.
18· · · Q.· ·So you never saw this -- let me ask you.· You
19· were the one that collected things from the box.
20· Correct?
21· · · A.· ·Yes.· And then when I did get this originally,
22· a copy was provided to Fresh Venture because, like I
23· said, he was not my employee at that time anymore.
24· · · Q.· ·Okay.
25· · · A.· ·So Angela Monteverde got a copy of this.
(805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401
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MENDOZA vs FRESH VENTURE FOODS
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·1· · · Q.· ·But you got this copy -- I mean you got this
·2· letter in the box.· Correct?· Or no?
·3· · · A.· ·No.· Yes.· In the suggestion box.· Yes.· And
·4· then it went into his employee file after.
·5· · · Q.· ·So you opened the door and found this in the
·6· box?
·7· · · A.· ·I opened the -- yes.· Yes.· The box.· Yes.
·8· · · Q.· ·Box.· Right?
·9· · · A.· ·Yes.
10· · · Q.· ·So when you did that, what did you do when you
11· first saw this?
12· · · A.· ·I read it.
13· · · Q.· ·And after that what did you do?
14· · · A.· ·I gave a copy to Angela Monteverde.
15· · · Q.· ·Where did you give her a copy?· Where did you
16· go to give her a copy?
17· · · A.· ·In her Human Resources office at Fresh Venture.
18· · · Q.· ·And did you give her the original and take a
19· copy, or did she make a copy for herself?
20· · · A.· ·No.· I kept the original and I gave her a copy.
21· · · Q.· ·Okay.· Is there any reason why she should have
22· kept the original and you the copy?
23· · · A.· ·It was given -- it was in my box, so why would
24· I give somebody the original?· I always keep the
25· originals of anything that's mine.
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·1· · · Q.· ·Okay.· And then so you kept -- even though it's
·2· not your employee, you were going to keep this because
·3· it was in your box.· Correct?
·4· · · A.· ·Correct.
·5· · · Q.· ·And then you said it was put in Mr. Nava's
·6· personnel file.
·7· · · A.· ·Uh-huh.
·8· · · Q.· ·And that would be in the personnel file for
·9· Central City Labor?
10· · · A.· ·Yes.
11· · · Q.· ·Okay.· And that's because Mr. Nava actually
12· started working for Central City Labor before Fresh
13· Venture.· Correct?
14· · · A.· ·Correct.
15· · · Q.· ·Okay.· And did you happen to see Mr. Nava there
16· on site that day?
17· · · A.· ·No, I did not.
18· · · Q.· ·Now, after -- so you read Spanish.· Correct?
19· · · A.· ·Yes, I do.
20· · · Q.· ·And isn't it correct that at number -- I think
21· paragraph 6 there it says "sexual harassment"?
22· · · A.· ·Yes.· And the part of persons of
23· responsibility.
24· · · Q.· ·And did you -- what did you do after you saw
25· this as far as figuring out what happened here?
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·1· record.· It is Angeles Zamora, Maria Angeles Zamora.
·2· · · · · ·MR. STOLL:· Like I said, I think you're
·3· confusing her.
·4· · · · · ·THE WITNESS:· Am I confusing her?
·5· · · · · ·MR. STOLL:· No.· I said --
·6· · · · · ·MR. MARTINEZ:· Let's go off the record.
·7· · · · · ·MR. STOLL:· -- Mr. Martinez is confusing her.
·8· · · · · ·MR. MARTINEZ:· Let's go off the record.
·9· · · · · ·(Discussion held outside the record from 1:51
10· P.M. to 1:52 P.M.)
11· · · · · ·MR. MARTINEZ:· Let's go back on the record.
12· · · Q.· ·I'm going to have this next document marked as
13· Exhibit -- I think we're now at 7.· Right?· It appears
14· to be from the employee handbook regarding personnel
15· files.· I think this may be the 2016 version because
16· it's got the brackets in it.· To page 8.· It's the wrong
17· one.
18· · · · · ·If you look at 3.8 Personnel Files.
19· · · A.· ·Uh-huh.
20· · · Q.· ·Take a moment and read that and let me know
21· when you're done.
22· · · A.· ·Okay.· Okay.
23· · · Q.· ·Now, does this accurately reflect Central City
24· Labor's personnel files policy?
25· · · A.· ·Yes.
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·1· · · Q.· ·During your time at Central City Labor has that
·2· changed in any way?
·3· · · A.· ·No.
·4· · · Q.· ·What does a person need to do in order to
·5· review their personnel file?· What do they have to do?
·6· · · A.· ·They just have to ask me.
·7· · · Q.· ·Are you the person they would have to ask?
·8· · · A.· ·Yes.
·9· · · Q.· ·That's because you have control over the
10· personnel files.· Correct?
11· · · A.· ·Correct.
12· · · Q.· ·You preserve those for at least seven years.
13· Correct?
14· · · A.· ·Correct.
15· · · Q.· ·If you would go to -- this time going back to
16· CCL 4.· We'll mark this as Exhibit -- this is going to
17· be 8.
18· · · · · ·Is this from -- if you look down, it says 1.2
19· Employment Applications.
20· · · A.· ·Okay.
21· · · Q.· ·And is this from the 2016 version of the
22· employee handbook?
23· · · A.· ·Yes, it is.
24· · · Q.· ·Was this policy at all ever updated?
25· · · A.· ·My -- the wording might be a little more
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·1· · · · · · · · · · · ·CERTIFICATE OF
·2· · · · · · · · CERTIFIED SHORTHAND REPORTER
·3· · · I, THE UNDERSIGNED CERTIFIED SHORTHAND REPORTER IN
·4· AND FOR THE STATE OF CALIFORNIA, DO HEREBY CERTIFY:
·5· · · THAT THE FOREGOING PROCEEDINGS WERE TAKEN BEFORE ME
·6· AT THE TIME AND PLACE THEREIN SET FORTH; THAT ANY
·7· WITNESSES IN THE FOREGOING PROCEEDINGS, PRIOR TO
·8· TESTIFYING, WERE DULY SWORN; THAT A RECORD OF THE
·9· PROCEEDINGS WAS MADE BY ME USING MACHINE SHORTHAND,
10· WHICH WAS THEREAFTER TRANSCRIBED UNDER MY DIRECTION;
11· THAT THE FOREGOING TRANSCRIPT IS A TRUE RECORD OF THE
12· TESTIMONY GIVEN.· FURTHER, THAT IF THE FOREGOING
13· PERTAINS TO THE ORIGINAL TRANSCRIPT OF A DEPOSITION IN A
14· FEDERAL CASE, BEFORE COMPLETION OF THE PROCEEDINGS,
15· REVIEW OF THE TRANSCRIPT [ ] WAS [ ] WAS NOT REQUESTED.
16· · · I FURTHER CERTIFY THAT I AM A DISINTERESTED PERSON
17· AND AM IN NO WAY INTERESTED IN THE OUTCOME OF SAID
18· ACTION, OR CONNECTED WITH OR RELATED TO ANY OF THE
19· PARTIES IN SAID ACTION, OR TO THEIR RESPECTIVE COUNSEL.
20· · · THE DISMANTLING, UNSEALING OR UNBINDING OF THE
21· ORIGINAL TRANSCRIPT WILL RENDER THE REPORTER'S
22· CERTIFICATE NULL AND VOID.
23· · · IN WITNESS WHEREOF, I HAVE SUBSCRIBED MY NAME ON
· · THIS DATE:· October 7, 2022.
24
· · · · · · · · · · · · __________________________________
25· · · · · · · · · · · CSR NO. 2818
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EXHIBIT 3
Doreen Rusconi
November 10, 2021
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 FOR THE COUNTY OF ALAMEDA
3
4 SICILIA MENDOZA, individually, )
)
5 Plaintiff, ) Case No. 18CV04448
) VIA ZOOM WEB
6 ) VIDEOCONFERENCE
VS. )
7 )
FRESH VENTURE FOODS, LLC, )
8 a California limited liability )
corporation, CENTRAL CITY LABOR )
9 [Form Unknown], MARISOL GARCIA )
SANDOVAL, individually; and DOES )
10 1 through 40, inclusive, )
)
11 Defendants. )
________________________________)
12
13 IN-PERSON DEPOSITION OF DOREEN RUSCONI
14 SANTA MARIA, CALIFORNIA
15 Wednesday, November 10, 2021
16 1:29 p.m. to 3:42 p.m.
17 ATKINSON-BAKER, a Veritext Company
(800) 288-3376
18 www.depo.com
19 REPORTED BY: Tracey Wiley CSR No. 5396
File No.: 4950285
20
21
22
23
24
25
Page 1
Atkinson-Baker, A Veritext Company
(818) 551-7300 www.veritext.com
EXHIBIT 3
Page 1 of 4
Doreen Rusconi
November 10, 2021
1 entirety of your --
2 A. Yes, I have.
3 Q. -- employment?
4 Wonderful. So will you tell me a bit about the
5 duties and responsibilities that you assume in that
6 position.
7 A. Okay. I do payroll.
8 I do -- I handle workers' comp claims.
9 I handle any human resource issues.
10 I handle accounts payable.
11 I handle, basically, everything in the office.
12 Q. And your job responsibilities include
13 onboarding new employees?
14 A. I oversee onboarding, but I don't do -- I mean,
15 if there's no one else to do them I -- I can conduct
16 them.
17 Q. Are you responsible for hiring new employees?
18 A. I don't do the calling and hiring and any of
19 that. We have the girls in the office that do that.
20 Q. Okay. Are you involved in the termination
21 process for employees?
22 A. Yes.
23 Q. And are you also responsible for receiving
24 complaints and addressing complaints?
25 A. Yes.
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EXHIBIT 3
Page 2 of 4
Doreen Rusconi
November 10, 2021
1 I never -- I never had a complaint like that in
2 there that I would have to investigate, so it's kind
3 of, I mean, hard to say because I -- I've never had one
4 like that there.
5 Q. Ms. Rusconi, do you speak Spanish?
6 A. Yes, I do.
7 Q. Do you read Spanish as well?
8 A. Yes, I do.
9 Q. So if a comment came through in Spanish, you
10 would be able to understand it and address it?
11 A. Oh, yes.
12 Q. And, Ms. Rusconi, did you receive a request to
13 maintain records in this case that would have covered
14 the suggestion box?
15 A. Yes. I mean, in that order that, when you
16 produce documents, I would have said, yes, yeah. I
17 mean, I assume so.
18 Q. So have you been maintaining records, including
19 suggestions left in the suggestion box for this case?
20 A. I -- we have -- we haven't destroyed anything
21 since this civil thing happened.
22 MS. HAMILTON: Okay. Everybody okay with a
23 about a ten-minute break? I'll try and make it five.
24 I know last time I said five and was not five.
25 MR. GONZALEZ: That sounds great.
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Atkinson-Baker, A Veritext Company
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EXHIBIT 3
Page 3 of 4
Doreen Rusconi
November 10, 2021
1 STATE OF CALIFORNIA )
) SS.
2 COUNTY OF SAN LUIS OBISPO )
3
4 I, Tracey Wiley, CSR NO. 5396, certify:
5 That the foregoing deposition was taken before
6 me at the time and place therein set forth, at which
7 time the witness was put under oath by me;
8 That the testimony of the witness and all
9 objections made at the time of the deposition were
10 recorded stenographically by me and thereafter by
11 computer transcribed;
12 That the foregoing deposition is a true record
13 of the testimony and of all objections made at the time
14 of the deposition.
15 I further certify that I am neither counsel for
16 nor related to any party to said action, nor in any way
17 interested in the outcome thereof.
18 In witness whereof, I have subscribed my name
19 this 26th day of November 2021.
20
21
22
23
<%15291,Signature%>
24 Tracey Wiley, CSR NO. 5396
25
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EXHIBIT 3
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EXHIBIT 4
MENDOZA vs FRESH VENTURE FOODS
SANDOVAL, MARISOL on 09/28/2022 Page 2
·1· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA
·2· · · · · · · · ·FOR THE COUNTY OF SANTA MARIA
·3
·4· ·_________________________________
· · · · · · · · · · · · · · · · · · · )
·5· ·SICILIA MENDOZA,· · · · · · · · ·)
· · · · · · · · · · · · · · · · · · · )
·6· · · · · · · · Plaintiff,· · · · · )
· · · · · · · · · · · · · · · · · · · ) Case No.
·7· · · · · · ·-vs-· · · · · · · · · ·) 18CV04448
· · · · · · · · · · · · · · · · · · · )
·8· ·FRESH VENTURE FOODS, LLC, a· · · )
· · ·California limited liability· · ·)
·9· ·corporation, CENTRAL CITY LABOR· )
· · ·[Form unknown], and Marisol· · · )
10· ·Garcia, an individual,· · · · · ·)
· · · · · · · · · · · · · · · · · · · )
11· · · · · · · · Defendants.· · · · ·)
· · · · · · · · · · · · · · · · · · · )
12
13
14· · · · · · ·DEPOSITION OF MARISOL GARCIA SANDOVAL
15· · · · · · · · · · · · · VOLUME I,
16· ·taken on behalf of the Plaintiff, commencing at the hour
17· ·of 9:27 a.m. on Wednesday, September 28, 2022, before
18· ·Cathy S. Capponi, CSR No. 9568.
19
20
21
22
23
24
25
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·1· · · ·Q.· ·What did you do to prepare for your deposition
·2· ·today?
·3· · · ·A.· ·I just communicated with my attorney so that he
·4· ·could accompany me.
·5· · · ·Q.· ·I don't want to know anything that was said
·6· ·between you and your attorney, but when did you speak to
·7· ·your attorney about the deposition?
·8· · · ·A.· ·Yesterday.
·9· · · ·Q.· ·Thank you.
10· · · · · · Have you spoken to anyone about this lawsuit
11· ·and the events that are the subject of this deposition?
12· · · ·A.· ·No.· Only with my attorney.
13· · · ·Q.· ·You haven't spoken with Doreen Rusconi about
14· ·Sicilia's lawsuit?
15· · · ·A.· ·Only briefly.
16· · · ·Q.· ·When was that that you briefly spoke?
17· · · ·A.· ·Um, the last week.
18· · · ·Q.· ·And what did you two talk about?
19· · · ·A.· ·We talked about that the lawsuit had arrived
20· ·and that she was going to be in charge of everything.
21· · · · · · MS. HAMILTON:· Sorry.· Interpreter, can you
22· ·please repeat what you said.· I didn't quite catch the
23· ·beginning of what you said.
24· · · · · · THE INTERPRETER:· "We talked about that the
25· ·lawsuit had arrived and that she was going to be in
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·1· ·charge of everything."
·2· ·BY MS. HAMILTON:
·3· · · ·Q.· ·And what does that mean, that Doreen would be
·4· ·in charge of everything?
·5· · · ·A.· ·Doreen is in charge of any given situation that
·6· ·may appear.
·7· · · ·Q.· ·Did you speak with Veronica Dodd at any point
·8· ·about Sicilia's lawsuit?
·9· · · · · · THE INTERPRETER:· Counsel, do you mind
10· ·repeating the question.
11· ·BY MS. HAMILTON:
12· · · ·Q.· ·Did you speak to Veronica Dodd at any point in
13· ·time about Sicilia's lawsuit?
14· · · ·A.· ·No.
15· · · ·Q.· ·Did you at any point talk to Veronica Dodd
16· ·about Javier Bravo?
17· · · ·A.· ·No.
18· · · ·Q.· ·Did you at any point in time talk to Doreen
19· ·about Javier Bravo?
20· · · ·A.· ·No.
21· · · ·Q.· ·Have you talked to your family at all about
22· ·this lawsuit against you?
23· · · ·A.· ·No.
24· · · ·Q.· ·Have you talked to anyone else about Sicilia's
25· ·allegations that she was sexually harassed while she was
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·1· · · ·A.· ·Correct.
·2· · · ·Q.· ·But you can't remember now if the suggestion
·3· ·stated that there was sexual harassment by Javier Bravo?
·4· · · · · · MR. STOLL:· Objection.· Asked and answered.
·5· ·BY MS. HAMILTON:
·6· · · ·Q.· ·You can answer.
·7· · · ·A.· ·I do not remember.
·8· · · ·Q.· ·Now, whether this suggestion was written by
·9· ·Javier Bravo or written about Javier Bravo, it would
10· ·have gone into his personnel file; correct?
11· · · · · · MR. STOLL:· Objection.· Calls for speculation.
12· · · · · · THE WITNESS:· I don't know.
13· ·BY MS. HAMILTON:
14· · · ·Q.· ·Now I'm going to pull up what will be marked as
15· ·Exhibit 6.· This is also from the 2016 handbook, and,
16· ·Ms. Sandoval, I'd ask you to please read the section on
17· ·"PERSONNEL FILES."
18· · · · · · (Exhibit 6 was marked for identification.)
19· · · · · · THE WITNESS:· Okay.
20· ·BY MS. HAMILTON:
21· · · ·Q.· ·Does Central City maintain personnel files for
22· ·their employees?
23· · · ·A.· ·It is only for a period of time that we keep
24· ·the files.
25· · · ·Q.· ·And is a personnel file maintained for seven
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·1· ·years?
·2· · · ·A.· ·I don't know.
·3· · · ·Q.· ·Is Doreen responsible for maintaining personnel
·4· ·files?
·5· · · ·A.· ·Yes.
·6· · · ·Q.· ·And if you know, does Doreen follow any laws
·7· ·for the laws that dictate responsibilities and duties
·8· ·for maintaining a personnel file?
·9· · · · · · MR. STOLL:· Objection.· Calls for a legal
10· ·conclusion.
11· ·BY MS. HAMILTON:
12· · · ·Q.· ·You can answer.
13· · · ·A.· ·Can I reserve my right to answer?
14· · · ·Q.· ·I'm not sure what that means, but I will move
15· ·on.
16· · · · · · Are all employees required to fill out an
17· ·employee application?
18· · · ·A.· ·Yes.
19· · · ·Q.· ·Would the employee application remain in that
20· ·employee's personnel file?
21· · · ·A.· ·Yes.
22· · · ·Q.· ·Does Central City Labor inq
Preview
1 Rafael Gonzalez, SBN 210202 rgonzalez@mullenlaw.com 2 Brian T. Daly, SBN 298731 bdaly@mullenlaw.com 3 MULLEN & HENZELL L.L.P. 112 East Victoria Street 4 Post Office Drawer 789 Santa Barbara, CA 93102-0789 5 Telephone: (805) 966-1501 Facsimile: (805) 966-9204 6 Attorneys for Defendant 7 FRESH VENTURE FOODS, LLC 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SANTA BARBARA 11 COOK DIVISION 12 13 SICILIA MENDOZA, individually, on ) Case No. 18CV04448 behalf of themselves and all others ) 14 similarly situated, ) ) DECLARATION OF BRIAN T. DALY IN 15 Plaintiffs, ) SUPPORT OF DEFENDANT FRESH ) VENTURE FOODS, LLC’S OPPOSITION 16 v. ) TO PLAINTIFF’S MOTION IN LIMINE ) #1 FOR EVIDENTIARY AND/OR ISSUE 17 FRESH VENTURE FOODS, LLC, a ) SANCTIONS California limited liability corporation, ) 18 CENTRAL CITY LABOR [Form ) Date: June 2, 2023 Unknown], MARISOL GARCIA ) Time: 8:30 a.m. 19 SANDOVAL, individually; and DOES 1 ) through 20, inclusive, ) Dept.: SM2 20 ) Judge: James F. Rigali Defendants. ) 21 ) Complaint Filed: September 7, 2018 ) Trial Date: June 5, 2023 22 23 DECLARATION OF BRIAN T. DALY 24 I, Brian T. Daly, do hereby declare and state as follows: 25 1. I am an attorney at law duly licensed to practice in the State of California, and I 26 am a partner with the law firm of Mullen & Henzell, L.L.P., counsel for Defendant Fresh 27 Venture Foods, LLC (“FVF” or “Fresh Venture”) in the above-entitled action. I make this 28 declaration in support of Fresh Venture’s Opposition to Plaintiff’s Motion in Limine #1 for -1- DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS 1 Evidentiary and/or Issue Sanctions. I have personal knowledge of the facts set forth in this 2 Declaration and, if called as a witness, I could and would competently testify thereto. 3 2. FVF operates a food processing facility in Santa Maria. During the relevant 4 time period FVF utilized the services of Defendant Central City Labor (“CCL”), a temp 5 agency, to secure temporary employment services. FVF’s records indicate that Plaintiff Sicilia 6 Mendoza, an employee of CCL, worked at FVF’s facility for approximately six weeks in 2016. 7 CCL’s records indicate that she notified CCL of her resignation on September 7, 2016. 8 3. FVF’s records indicate that Javier Bravo is a former employee of FVF whose 9 employment with FVF began in December of 2014. During discovery in this case, Plaintiff 10 requested the personnel file for Javier Bravo. It was timely produced in response to the 11 request. FVF’s personnel file for Javier Bravo does not contain any complaints of harassment 12 regarding any alleged harassment of Plaintiff by Bravo. 13 4. In the course of discovery in this case, my office deposed Juan Navas. During 14 his deposition Mr. Navas was shown a copy of a “Work Evaluation” form, dated September 15 27, 2016. He acknowledged filling out this form and returning it to CCL. He also admitted 16 that the form did not mention Javier Bravo at all. He claimed that after he had submitted the 17 “Work Evaluation” form he was shown, he had submitted about four additional surveys 18 specifically naming Mr. Bravo, on the same “Work Evaluation” form. A true and correct copy 19 of relevant excerpts from the deposition (transcript pages 55:9-58:19) are attached as Exhibit 20 1. Plaintiff is in possession of this “Work Evaluation” form, which was produced by CCL in 21 discovery. 22 5. In the course of discovery in this case, Plaintiff deposed Doreen Rusconi, 23 CCL’s office manager, as CCL’s PMK. During her PMK deposition Ms. Rusconi testified that 24 she only provided a “Work Evaluation” form to CCL employees on a single occasion in 25 September of 2016. She also testified that she is responsible for maintaining CCL’s personnel 26 files. A true and correct copy of relevant excerpts from the deposition (transcript pages 58:7- 27 21; 120:14-20; 122:17-123:3; 126:25-127:17; 128:1-4; 128:21-129:10; 151:23-152:14) are 28 attached as Exhibit 2. -2- DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS 1 6. On September 7, 2018, Plaintiff filed her Complaint in this matter, alleging a 2 single cause of action for wrongful constructive discharge in violation of public policy. On 3 March 28, 2022, this Court set the case for trial to take place on November 14, 2022. Pursuant 4 to CCP section 2024.020(a), based on the initial trial date of November 14, 2022, the deadline 5 for either party to have discovery motions heard was October 30, 2022. Although the Court 6 has since continued the November 14, 2022 trial date several times, this had no impact on the 7 discovery motion cutoff date pursuant to CCP § 2024.020(b). 8 7. In the leadup to the initial trial date the parties stipulated to complete certain 9 depositions after the fact discovery cutoff date. The parties did not stipulate to continue the 10 discovery motion cutoff date, or otherwise stipulate to permit the filing of discovery motions 11 after October 30, 2022. 12 8. In the course of discovery in this case, Plaintiff deposed Doreen Rusconi, 13 CCL’s office manager, as an individual. During her individual deposition Ms. Rusconi 14 testified that CCL received a request to maintain records in this case and that CCL has not 15 destroyed anything since this litigation began. She also testified that she is the person at CCL 16 in charge of the office and human resources functions. A true and correct copy of relevant 17 excerpts from the deposition (transcript pages 14:3-25; 59:12-21) are attached as Exhibit 3. 18 9. In the course of discovery in this case, Plaintiff deposed Marisol Sandoval 19 Garcia, the sole proprietor of CCL. During her deposition Ms. Sandoval testified, among other 20 things, that: Doreen Rusconi is the person in charge of everything pertaining to the lawsuit 21 against CCL; that Ms. Rusconi is responsible for maintaining CCL personnel files and Ms. 22 Sandoval does not know how long they are maintained; that Ms. Rusconi did not talk to Ms. 23 Sandoval about Javier Bravo’s personnel file being destroyed; and that the basis for her 24 purported “knowledge” of the destruction of Bravo’s file was that “several files were 25 destroyed, not only Bravo’s . . . [b]ecause they had already complied with the time we could 26 have them.” When directly asked later in her deposition to confirm that Bravo’s file was in 27 fact destroyed, Ms. Sandoval did not answer in the affirmative, but merely said “It could be.” 28 A true and correct copy of relevant excerpts from the deposition (transcript pages 10:13-11:6; -3- DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS 1 54:25-55:4; 60:9-17; 61:23-62:3) are attached as Exhibit 4. 2 10. Ms. Sandoval’s deposition was held open to preserve defense counsel’s ability 3 to ask questions on cross, due to time constraints on the interpreter present at the deposition, 4 who had to leave early. On April 25, 2023, counsel for Plaintiff demanded that Ms. Sandoval 5 initiate her 30-day review of her deposition transcript. On May 19, 2023, Ms. Sandoval timely 6 submitted an errata sheet correcting certain testimony from her deposition, including the 7 testimony cited by Plaintiff in her Motion in Limine. Ms. Sandoval’s corrected testimony 8 clarifies that while she assumed Bravo’s personnel file was destroyed in 2020 when she was 9 told it could not be located, she does not actually know whether it was in fact destroyed. A 10 true and correct copy of the errata sheet is attached as Exhibit 5. 11 11. On May 8, 2023, Ms. Sandoval submitted a declaration in support of CCL’s 12 Opposition to Plaintiff’s Motion for Issue and/or Evidentiary Sanctions. A true and correct 13 copy of the declaration is attached as Exhibit 6. 14 12. On May 8, 2023, Ms. Rusconi submitted a declaration in support of CCL’s 15 Opposition to Plaintiff’s Motion for Issue and/or Evidentiary Sanctions. A true and correct 16 copy of the declaration is attached as Exhibit 7. 17 I declare under penalty of perjury under the laws of the United States and the State of 18 California that the foregoing is true and correct, and that this declaration was executed on May 19 30, 2023, at Santa Barbara, California. 20 21 DATED: May 30, 2023 MULLEN & HENZELL L.L.P. 22 23 By: ________________________________ 24 Brian T. Daly 25 Attorneys for Defendant FRESH VENTURE FOODS, LLC 26 23437-0002 27 28 -4- DECLARATION OF BRIAN T. DALY IN SUPPORT OF DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE #1 FOR EVIDENTIARY AND/OR ISSUE SANCTIONS EXHIBIT 1 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF SANTA BARBARA 3 COOK DIVISION 4 5 SICILIA MENDOZA, individually,) Case No. on behalf of themselves and ) 18CV04448 6 all others similarly situated,) ) 7 Plaintiffs, ) ) 8 vs. ) ) 9 FRESH VENTURE FOODS, LLC, a ) California limited liability ) 10 corporation, CENTRAL CITY ) LABOR [Form Unknown], MARISOL ) 11 GARCIA SANDOVAL, individually;) and DOES 1 through 20, ) 12 inclusive, ) ) 13 Defendants. ) ______________________________) 14 15 16 VIDEOCONFERENCE DEPOSITION OF JUAN NAVAS 17 SAN DIEGO, CALIFORNIA 18 TUESDAY, SEPTEMBER 6, 2022 19 20 21 22 Reported by: DANA L. SHELLEY 23 CSR No. 10177 24 Job No. 5424729 25 Page 1 Veritext Legal Solutions 866 299-5127 EXHIBIT 1 Page 1 of 6 1 the first survey in your first week? 2 A Yes, my first payment week. 3 Q Do you recall telling the EEOC that you got 4 your first survey three months after you started? 5 A No. Three months? No, that was -- the person 6 who gave me the survey was Lupita, Central City Labor. 7 Three months later, I was an employee of Fresh Venture 8 Foods. 9 Q I'm going to show you a document. 10 Can you see this? 11 A It's very small, very tiny. 12 Q How about that? 13 A Okay. 14 Q Is this the survey you're referring to that 15 Central City Labor would give you? 16 A Correct. 17 Q And it's your testimony that they gave you 18 this survey four or five times? 19 A Correct. 20 Q And you would write your name on the survey? 21 A No. They would give them to us with our names 22 on it already. 23 Q That's over here on the left-hand side. 24 Someone wrote your name on it; is that correct? 25 MR. MARTINEZ: Can I object? For the record, Page 55 Veritext Legal Solutions 866 299-5127 EXHIBIT 1 Page 2 of 6 1 there appears to be some sort of like superimposed 2 writing on here that does not look like the regular 3 writing. 4 MR. DALY: Okay. You can state that objection 5 for the record. 6 MR. MARTINEZ: Yeah. So I just want to make 7 sure that -- it appears like on No. 4, there's something 8 that was altered. No. 5, it looks like something was -- 9 paragraph 5, something was altered; as well as 6 and 10 possibly 8, from what I can tell. 11 Anyways, go ahead. 12 THE WITNESS: Correct. And they wrote my last 13 name wrong. 14 Q BY MR. DALY: They left off the "s"; is that 15 right? 16 A Correct. That's the mistake. 17 Q Do you recognize your handwriting on this 18 document, Mr. Navas? 19 A Yes. 20 Q Is this your phone number, or was it your 21 phone number at the time? 22 A Possibly, at that time, yes. 23 Q Every survey that you received, the four or 24 five surveys, did they all look like this? 25 A Yes. Page 56 Veritext Legal Solutions 866 299-5127 EXHIBIT 1 Page 3 of 6 1 Q The same questions? 2 A Yes. 3 Q Do you see the question -- 4 A That's the first one. 5 Q Your testimony is that this is the first 6 survey you submitted? 7 A Correct; the first one. Because I indicate 8 that there was sexual harassment there, but I did not 9 mention who. I didn't mention the person's name. 10 Q Why did you tell the EEOC that you didn't 11 submit your first survey until three months into your 12 employment? 13 A Three months later? They probably understood 14 that wrong, because they at that time were not giving us 15 surveys. They were giving us surveys at the beginning 16 of my work, through Central City Labor, not when I 17 worked for Fresh Venture Foods, three months later. 18 Fresh Venture Foods did not provide any 19 surveys. And they did not provide us with any sexual 20 harassment training, once you're their employee. I 21 received sexual harassment training only through Central 22 City Labor. 23 Q So I want to make sure I understand your 24 testimony about this survey, in particular. Can you 25 tell me your best estimate of the date you submitted Page 57 Veritext Legal Solutions 866 299-5127 EXHIBIT 1 Page 4 of 6 1 this to Central City Labor? 2 A Approximately the first or second week in 3 August of 2016; approximately. 4 Q And then it's your -- strike that. 5 And you didn't identify Javier Bravo by name 6 in this survey; correct? 7 A No, not in that one. 8 Q And then it's your testimony that you 9 submitted approximately four additional surveys in which 10 you did name Javier Bravo; correct? 11 A Correct; yes. 12 Q Did you mention Ms. Mendoza then by name, as 13 well? 14 A Yes. 15 THE REPORTER: Mr. Daly, was that Exhibit 11? 16 MR. DALY: Thank you. I'm sorry. Yes, 17 Exhibit 11. 18 (Exhibit 11 marked for identification 19 and attached hereto.) 20 Q BY MR. DALY: After that fourth day, where Mr. 21 Bravo said you should all go on a date but you should 22 stay home, did you ever personally witness Mr. Bravo 23 saying something inappropriate to Ms. Mendoza? 24 A Yes. Then he proposed to me to go to the 25 cinema in Los Angeles. It was in August. I don't Page 58 Veritext Legal Solutions 866 299-5127 EXHIBIT 1 Page 5 of 6 1 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER 2 3 I, DANA L. SHELLEY, CSR No. 10177, a Certified 4 Shorthand Reporter, certify: 5 That the foregoing proceedings were taken 6 before me via videoconference; that the witness in the 7 foregoing proceedings, prior to testifying, was 8 administered an oath by me; 9 That the testimony of the witness, the 10 questions propounded, and all objections and statements 11 made at the time of the examination were recorded 12 stenographically by me and were thereafter transcribed 13 under my direction; 14 That the foregoing is a true and correct 15 transcript of my shorthand notes so taken. 16 I further certify that I am neither financially 17 interested in the action nor a relative or employee of 18 any attorney or any party to this action. 19 I declare under penalty of perjury under the 20 laws of the State of California that the foregoing is 21 true and correct. 22 Dated: September 19, 2022. 23 24 <%12056,Signature%> 25 DANA L. SHELLEY, RPR, CSR No. 10177 Page 118 Veritext Legal Solutions 866 299-5127 EXHIBIT 1 Page 6 of 6 EXHIBIT 2 · · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA · · · · · · · · FOR THE COUNTY OF SANTA BARBARA · · · SICILIA MENDOZA,· · · · · )· ·Case No. 18CV04448 · · · · · · · · · · · · · · · ) · · · · · · · · ·Plaintiff,· ·) · · · · · · · · · · · · · · · ) · · · · · · · ·vs· · · · · · ·) · · · · · · · · · · · · · · · ) · · FRESH VENTURE FOODS, LLC, ) · · a California limited· · · ) · · liability corporation,· · ) · · CENTRAL CITY LABOR [Form· ) · · unknown], and Marisol· · ·) · · Garcia, an individual,· · ) · · · · · · · · · · · · · · · ) · · · · · · · · ·Defendants.· ) · · __________________________) · · · · · · · · · · Volume I of the Deposition of DOREEN LYNN · · RUSCONI as the Person Most knowledgeable at Central City · · Labor, taken at 9:02 A.M., Monday, September 26, 2022, · · via Zoom videoconference, before Louise K. Mizota, · · CSR #2818. · · · · · · YVer1f EXHIBIT 2 Page 1 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 58 ·1· · · Q.· ·And let's focus -- because it appears that you ·2· have these at different locations for different ·3· employers.· Correct? ·4· · · A.· ·Correct. ·5· · · Q.· ·And you have the key for all those boxes? ·6· · · A.· ·Yes, I do. ·7· · · Q.· ·And so what did -- what documents did you ·8· review to testify regarding number 14? ·9· · · A.· ·I looked in the -- the manila folder for Fresh 10· Venture to see if there was anything in there.· And 11· there wasn't anything in their file because most of the 12· time suggestion boxes have safety quizzes that are put 13· in them and those safety quizzes would go in the 14· employee file.· They wouldn't go in the box because you 15· know who they belong to.· The only thing that would be 16· in there would be something that would be -- I wouldn't 17· know where to file it because I wouldn't know who it 18· would be from. 19· · · Q.· ·So if you didn't know who it was from, you have 20· a specific file you put those in? 21· · · A.· ·That's the manila folder. 22· · · Q.· ·Okay.· Now, did you speak with anyone regarding 23· this topic? 24· · · A.· ·Charley. 25· · · Q.· ·Anyone else other than Charley? (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 2 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 120 ·1· · · Q.· ·And gain, was there anything that didn't have ·2· an employee's name on it that was in the envelope? ·3· · · A.· ·No.· That's why I said the envelope was empty. ·4· · · Q.· ·Now, was there weekly work evaluation forms ·5· that employees filled out before getting their check? ·6· · · A.· ·No, not with me, unless they did with Fresh ·7· Venture.· But not with me, no. ·8· · · Q.· ·So you never had them fill out any sort of ·9· forms before getting their checks? 10· · · A.· ·No. 11· · · Q.· ·So the only things that would be filled out are 12· tests by employees? 13· · · A.· ·Yes.· Once a month.· Safety.· Safety. 14· · · Q.· ·Do you know who gave Juan Nava that work 15· evaluation form? 16· · · A.· ·That was given -- like I said, one month we 17· gave those out in place of a safety quiz. 18· · · Q.· ·Okay.· That's my question.· So that was only on 19· one occasion you gave out those forms? 20· · · A.· ·Yes. 21· · · Q.· ·Do you know why Juan Nava would have had that 22· form if he was at Fresh Venture? 23· · · A.· ·No.· He switched over in the middle of 24· September to Fresh Venture, so he got it -- he got it -- 25· we would have gotten it that second week in September. (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 3 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 122 ·1· people can actually write something down and submit it ·2· if they wanted to? ·3· · · A.· ·No. ·4· · · · · ·MR. MARTINEZ:· So can I have the next exhibit ·5· up?· This is, what, 5 now?· And it's the -- it's the ·6· suggestion box policy. ·7· · · Q.· ·Look in the middle.· It says Suggestion Box. ·8· Do you see that? ·9· · · A.· ·Uh-huh. 10· · · Q.· ·Is that a yes? 11· · · A.· ·Yes.· I see it.· I read it. 12· · · Q.· ·Okay.· So was this always the policy regarding 13· the suggestion box at Central City Labor? 14· · · A.· ·Yes. 15· · · Q.· ·Did it ever change at any point in time? 16· · · A.· ·No. 17· · · Q.· ·Now, throughout the entire time that you've had 18· the suggestion box you never had an anonymous letter or 19· note? 20· · · A.· ·No, I have not. 21· · · Q.· ·Now, you're the only one with the keys. 22· Correct? 23· · · A.· ·That's correct. 24· · · Q.· ·And you always checked that box every time you 25· were on site? (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 4 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 123 ·1· · · A.· ·I checked it at least once a week.· I'm not ·2· going to say each time I went in checked it, but once a ·3· week, yes.· Always on payday. ·4· · · Q.· ·And what would you find in that box other than ·5· the tests that you mentioned? ·6· · · A.· ·Either nothing or quizzes or -- like I said, ·7· sometimes people would use it to put gum wrappers and ·8· stuff in there, but that's it. ·9· · · Q.· ·The form that you mentioned earlier that was 10· submitted by Mr. Nava, no one else submitted their form 11· in the same box? 12· · · A.· ·I -- I don't know.· I'd have to look in each 13· one's employee file and see if it's written on the back 14· that way. 15· · · Q.· ·How would it be written on the back that way? 16· Their names, or that it was deposited in that box? 17· · · A.· ·That it was -- yeah.· The date that it was 18· received. 19· · · Q.· ·So do you -- 20· · · A.· ·It would say if it was received from there. 21· · · Q.· ·It would say received from the suggestion box? 22· · · A.· ·It would say the day that it was received on 23· the back. 24· · · Q.· ·Were you on site accepting these forms, or how 25· did you get these forms for the other employees? (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 5 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 126 ·1· it ten? ·2· · · A.· ·No.· I didn't have hundreds of employees there. ·3· I know I didn't have that many.· I think at the most at ·4· that time I had maybe 25, maybe 30. ·5· · · Q.· ·And did you look through 20 to 30 personnel ·6· files to find those forms? ·7· · · A.· ·I looked in the employee files that I had -- ·8· that I had in September, but I don't recall how many ·9· that was. 10· · · Q.· ·Now, the safety quizzes, how often were they 11· administered in 2016? 12· · · A.· ·Like I told you, once a month. 13· · · Q.· ·Okay.· So for these employees, it would have 14· the number of quizzes that corresponds to the number of 15· months they worked there? 16· · · A.· ·Correct. 17· · · Q.· ·Was that always the case that you did these 18· safety quizzes on a monthly basis? 19· · · A.· ·Yes. 20· · · Q.· ·That never stopped while you were at Fresh 21· Venture? 22· · · A.· ·No.· Pretty much every month.· I mean, there 23· might have been one month we didn't do them if -- for 24· some reason, but it was a monthly thing. 25· · · Q.· ·I'm going to have you take a look at Exhibit -- (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 6 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 127 ·1· what I'm going to have marked as Exhibit Number 6.· It's ·2· a work evaluation form of Mr. Nava, I believe. ·3· · · · · ·Does this look familiar to you? ·4· · · A.· ·Yes, it does. ·5· · · Q.· ·So not looking at the actual writing, did ·6· Central City Labor provide this form to its employees? ·7· · · A.· ·Yes, I did. ·8· · · Q.· ·This is the one-off time that you were having ·9· employees do this? 10· · · A.· ·In September.· Yes, it was. 11· · · Q.· ·That's September of 2016.· Correct? 12· · · A.· ·Yes.· Well, I think it was '16.· Yes. I 13· remember it was in September. 14· · · Q.· ·Okay.· And did you pull this from the box 15· itself? 16· · · A.· ·No.· I pulled this from Juan Nava' employee 17· file. 18· · · Q.· ·So you never saw this -- let me ask you.· You 19· were the one that collected things from the box. 20· Correct? 21· · · A.· ·Yes.· And then when I did get this originally, 22· a copy was provided to Fresh Venture because, like I 23· said, he was not my employee at that time anymore. 24· · · Q.· ·Okay. 25· · · A.· ·So Angela Monteverde got a copy of this. (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 7 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 128 ·1· · · Q.· ·But you got this copy -- I mean you got this ·2· letter in the box.· Correct?· Or no? ·3· · · A.· ·No.· Yes.· In the suggestion box.· Yes.· And ·4· then it went into his employee file after. ·5· · · Q.· ·So you opened the door and found this in the ·6· box? ·7· · · A.· ·I opened the -- yes.· Yes.· The box.· Yes. ·8· · · Q.· ·Box.· Right? ·9· · · A.· ·Yes. 10· · · Q.· ·So when you did that, what did you do when you 11· first saw this? 12· · · A.· ·I read it. 13· · · Q.· ·And after that what did you do? 14· · · A.· ·I gave a copy to Angela Monteverde. 15· · · Q.· ·Where did you give her a copy?· Where did you 16· go to give her a copy? 17· · · A.· ·In her Human Resources office at Fresh Venture. 18· · · Q.· ·And did you give her the original and take a 19· copy, or did she make a copy for herself? 20· · · A.· ·No.· I kept the original and I gave her a copy. 21· · · Q.· ·Okay.· Is there any reason why she should have 22· kept the original and you the copy? 23· · · A.· ·It was given -- it was in my box, so why would 24· I give somebody the original?· I always keep the 25· originals of anything that's mine. (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 8 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 129 ·1· · · Q.· ·Okay.· And then so you kept -- even though it's ·2· not your employee, you were going to keep this because ·3· it was in your box.· Correct? ·4· · · A.· ·Correct. ·5· · · Q.· ·And then you said it was put in Mr. Nava's ·6· personnel file. ·7· · · A.· ·Uh-huh. ·8· · · Q.· ·And that would be in the personnel file for ·9· Central City Labor? 10· · · A.· ·Yes. 11· · · Q.· ·Okay.· And that's because Mr. Nava actually 12· started working for Central City Labor before Fresh 13· Venture.· Correct? 14· · · A.· ·Correct. 15· · · Q.· ·Okay.· And did you happen to see Mr. Nava there 16· on site that day? 17· · · A.· ·No, I did not. 18· · · Q.· ·Now, after -- so you read Spanish.· Correct? 19· · · A.· ·Yes, I do. 20· · · Q.· ·And isn't it correct that at number -- I think 21· paragraph 6 there it says "sexual harassment"? 22· · · A.· ·Yes.· And the part of persons of 23· responsibility. 24· · · Q.· ·And did you -- what did you do after you saw 25· this as far as figuring out what happened here? (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 9 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 151 ·1· record.· It is Angeles Zamora, Maria Angeles Zamora. ·2· · · · · ·MR. STOLL:· Like I said, I think you're ·3· confusing her. ·4· · · · · ·THE WITNESS:· Am I confusing her? ·5· · · · · ·MR. STOLL:· No.· I said -- ·6· · · · · ·MR. MARTINEZ:· Let's go off the record. ·7· · · · · ·MR. STOLL:· -- Mr. Martinez is confusing her. ·8· · · · · ·MR. MARTINEZ:· Let's go off the record. ·9· · · · · ·(Discussion held outside the record from 1:51 10· P.M. to 1:52 P.M.) 11· · · · · ·MR. MARTINEZ:· Let's go back on the record. 12· · · Q.· ·I'm going to have this next document marked as 13· Exhibit -- I think we're now at 7.· Right?· It appears 14· to be from the employee handbook regarding personnel 15· files.· I think this may be the 2016 version because 16· it's got the brackets in it.· To page 8.· It's the wrong 17· one. 18· · · · · ·If you look at 3.8 Personnel Files. 19· · · A.· ·Uh-huh. 20· · · Q.· ·Take a moment and read that and let me know 21· when you're done. 22· · · A.· ·Okay.· Okay. 23· · · Q.· ·Now, does this accurately reflect Central City 24· Labor's personnel files policy? 25· · · A.· ·Yes. (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 10 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 152 ·1· · · Q.· ·During your time at Central City Labor has that ·2· changed in any way? ·3· · · A.· ·No. ·4· · · Q.· ·What does a person need to do in order to ·5· review their personnel file?· What do they have to do? ·6· · · A.· ·They just have to ask me. ·7· · · Q.· ·Are you the person they would have to ask? ·8· · · A.· ·Yes. ·9· · · Q.· ·That's because you have control over the 10· personnel files.· Correct? 11· · · A.· ·Correct. 12· · · Q.· ·You preserve those for at least seven years. 13· Correct? 14· · · A.· ·Correct. 15· · · Q.· ·If you would go to -- this time going back to 16· CCL 4.· We'll mark this as Exhibit -- this is going to 17· be 8. 18· · · · · ·Is this from -- if you look down, it says 1.2 19· Employment Applications. 20· · · A.· ·Okay. 21· · · Q.· ·And is this from the 2016 version of the 22· employee handbook? 23· · · A.· ·Yes, it is. 24· · · Q.· ·Was this policy at all ever updated? 25· · · A.· ·My -- the wording might be a little more (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 2 Page 11 of 12 MENDOZA vs FRESH VENTURE FOODS LYNN, DOREEN on 09/26/2022 Page 167 ·1· · · · · · · · · · · ·CERTIFICATE OF ·2· · · · · · · · CERTIFIED SHORTHAND REPORTER ·3· · · I, THE UNDERSIGNED CERTIFIED SHORTHAND REPORTER IN ·4· AND FOR THE STATE OF CALIFORNIA, DO HEREBY CERTIFY: ·5· · · THAT THE FOREGOING PROCEEDINGS WERE TAKEN BEFORE ME ·6· AT THE TIME AND PLACE THEREIN SET FORTH; THAT ANY ·7· WITNESSES IN THE FOREGOING PROCEEDINGS, PRIOR TO ·8· TESTIFYING, WERE DULY SWORN; THAT A RECORD OF THE ·9· PROCEEDINGS WAS MADE BY ME USING MACHINE SHORTHAND, 10· WHICH WAS THEREAFTER TRANSCRIBED UNDER MY DIRECTION; 11· THAT THE FOREGOING TRANSCRIPT IS A TRUE RECORD OF THE 12· TESTIMONY GIVEN.· FURTHER, THAT IF THE FOREGOING 13· PERTAINS TO THE ORIGINAL TRANSCRIPT OF A DEPOSITION IN A 14· FEDERAL CASE, BEFORE COMPLETION OF THE PROCEEDINGS, 15· REVIEW OF THE TRANSCRIPT [ ] WAS [ ] WAS NOT REQUESTED. 16· · · I FURTHER CERTIFY THAT I AM A DISINTERESTED PERSON 17· AND AM IN NO WAY INTERESTED IN THE OUTCOME OF SAID 18· ACTION, OR CONNECTED WITH OR RELATED TO ANY OF THE 19· PARTIES IN SAID ACTION, OR TO THEIR RESPECTIVE COUNSEL. 20· · · THE DISMANTLING, UNSEALING OR UNBINDING OF THE 21· ORIGINAL TRANSCRIPT WILL RENDER THE REPORTER'S 22· CERTIFICATE NULL AND VOID. 23· · · IN WITNESS WHEREOF, I HAVE SUBSCRIBED MY NAME ON · · THIS DATE:· October 7, 2022. 24 · · · · · · · · · · · · __________________________________ 25· · · · · · · · · · · CSR NO. 2818 (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 EXHIBIT 2 Page 12 of 12 EXHIBIT 3 Doreen Rusconi November 10, 2021 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF ALAMEDA 3 4 SICILIA MENDOZA, individually, ) ) 5 Plaintiff, ) Case No. 18CV04448 ) VIA ZOOM WEB 6 ) VIDEOCONFERENCE VS. ) 7 ) FRESH VENTURE FOODS, LLC, ) 8 a California limited liability ) corporation, CENTRAL CITY LABOR ) 9 [Form Unknown], MARISOL GARCIA ) SANDOVAL, individually; and DOES ) 10 1 through 40, inclusive, ) ) 11 Defendants. ) ________________________________) 12 13 IN-PERSON DEPOSITION OF DOREEN RUSCONI 14 SANTA MARIA, CALIFORNIA 15 Wednesday, November 10, 2021 16 1:29 p.m. to 3:42 p.m. 17 ATKINSON-BAKER, a Veritext Company (800) 288-3376 18 www.depo.com 19 REPORTED BY: Tracey Wiley CSR No. 5396 File No.: 4950285 20 21 22 23 24 25 Page 1 Atkinson-Baker, A Veritext Company (818) 551-7300 www.veritext.com EXHIBIT 3 Page 1 of 4 Doreen Rusconi November 10, 2021 1 entirety of your -- 2 A. Yes, I have. 3 Q. -- employment? 4 Wonderful. So will you tell me a bit about the 5 duties and responsibilities that you assume in that 6 position. 7 A. Okay. I do payroll. 8 I do -- I handle workers' comp claims. 9 I handle any human resource issues. 10 I handle accounts payable. 11 I handle, basically, everything in the office. 12 Q. And your job responsibilities include 13 onboarding new employees? 14 A. I oversee onboarding, but I don't do -- I mean, 15 if there's no one else to do them I -- I can conduct 16 them. 17 Q. Are you responsible for hiring new employees? 18 A. I don't do the calling and hiring and any of 19 that. We have the girls in the office that do that. 20 Q. Okay. Are you involved in the termination 21 process for employees? 22 A. Yes. 23 Q. And are you also responsible for receiving 24 complaints and addressing complaints? 25 A. Yes. Page 14 Atkinson-Baker, A Veritext Company (818) 551-7300 www.veritext.com EXHIBIT 3 Page 2 of 4 Doreen Rusconi November 10, 2021 1 I never -- I never had a complaint like that in 2 there that I would have to investigate, so it's kind 3 of, I mean, hard to say because I -- I've never had one 4 like that there. 5 Q. Ms. Rusconi, do you speak Spanish? 6 A. Yes, I do. 7 Q. Do you read Spanish as well? 8 A. Yes, I do. 9 Q. So if a comment came through in Spanish, you 10 would be able to understand it and address it? 11 A. Oh, yes. 12 Q. And, Ms. Rusconi, did you receive a request to 13 maintain records in this case that would have covered 14 the suggestion box? 15 A. Yes. I mean, in that order that, when you 16 produce documents, I would have said, yes, yeah. I 17 mean, I assume so. 18 Q. So have you been maintaining records, including 19 suggestions left in the suggestion box for this case? 20 A. I -- we have -- we haven't destroyed anything 21 since this civil thing happened. 22 MS. HAMILTON: Okay. Everybody okay with a 23 about a ten-minute break? I'll try and make it five. 24 I know last time I said five and was not five. 25 MR. GONZALEZ: That sounds great. Page 59 Atkinson-Baker, A Veritext Company (818) 551-7300 www.veritext.com EXHIBIT 3 Page 3 of 4 Doreen Rusconi November 10, 2021 1 STATE OF CALIFORNIA ) ) SS. 2 COUNTY OF SAN LUIS OBISPO ) 3 4 I, Tracey Wiley, CSR NO. 5396, certify: 5 That the foregoing deposition was taken before 6 me at the time and place therein set forth, at which 7 time the witness was put under oath by me; 8 That the testimony of the witness and all 9 objections made at the time of the deposition were 10 recorded stenographically by me and thereafter by 11 computer transcribed; 12 That the foregoing deposition is a true record 13 of the testimony and of all objections made at the time 14 of the deposition. 15 I further certify that I am neither counsel for 16 nor related to any party to said action, nor in any way 17 interested in the outcome thereof. 18 In witness whereof, I have subscribed my name 19 this 26th day of November 2021. 20 21 22 23 <%15291,Signature%> 24 Tracey Wiley, CSR NO. 5396 25 Page 83 Atkinson-Baker, A Veritext Company (818) 551-7300 www.veritext.com EXHIBIT 3 Page 4 of 4 EXHIBIT 4 MENDOZA vs FRESH VENTURE FOODS SANDOVAL, MARISOL on 09/28/2022 Page 2 ·1· · · · · ·SUPERIOR COURT OF THE STATE OF CALIFORNIA ·2· · · · · · · · ·FOR THE COUNTY OF SANTA MARIA ·3 ·4· ·_________________________________ · · · · · · · · · · · · · · · · · · · ) ·5· ·SICILIA MENDOZA,· · · · · · · · ·) · · · · · · · · · · · · · · · · · · · ) ·6· · · · · · · · Plaintiff,· · · · · ) · · · · · · · · · · · · · · · · · · · ) Case No. ·7· · · · · · ·-vs-· · · · · · · · · ·) 18CV04448 · · · · · · · · · · · · · · · · · · · ) ·8· ·FRESH VENTURE FOODS, LLC, a· · · ) · · ·California limited liability· · ·) ·9· ·corporation, CENTRAL CITY LABOR· ) · · ·[Form unknown], and Marisol· · · ) 10· ·Garcia, an individual,· · · · · ·) · · · · · · · · · · · · · · · · · · · ) 11· · · · · · · · Defendants.· · · · ·) · · · · · · · · · · · · · · · · · · · ) 12 13 14· · · · · · ·DEPOSITION OF MARISOL GARCIA SANDOVAL 15· · · · · · · · · · · · · VOLUME I, 16· ·taken on behalf of the Plaintiff, commencing at the hour 17· ·of 9:27 a.m. on Wednesday, September 28, 2022, before 18· ·Cathy S. Capponi, CSR No. 9568. 19 20 21 22 23 24 25 (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 EXHIBIT 4 Page 1 of 9 MENDOZA vs FRESH VENTURE FOODS SANDOVAL, MARISOL on 09/28/2022 Page 10 ·1· · · ·Q.· ·What did you do to prepare for your deposition ·2· ·today? ·3· · · ·A.· ·I just communicated with my attorney so that he ·4· ·could accompany me. ·5· · · ·Q.· ·I don't want to know anything that was said ·6· ·between you and your attorney, but when did you speak to ·7· ·your attorney about the deposition? ·8· · · ·A.· ·Yesterday. ·9· · · ·Q.· ·Thank you. 10· · · · · · Have you spoken to anyone about this lawsuit 11· ·and the events that are the subject of this deposition? 12· · · ·A.· ·No.· Only with my attorney. 13· · · ·Q.· ·You haven't spoken with Doreen Rusconi about 14· ·Sicilia's lawsuit? 15· · · ·A.· ·Only briefly. 16· · · ·Q.· ·When was that that you briefly spoke? 17· · · ·A.· ·Um, the last week. 18· · · ·Q.· ·And what did you two talk about? 19· · · ·A.· ·We talked about that the lawsuit had arrived 20· ·and that she was going to be in charge of everything. 21· · · · · · MS. HAMILTON:· Sorry.· Interpreter, can you 22· ·please repeat what you said.· I didn't quite catch the 23· ·beginning of what you said. 24· · · · · · THE INTERPRETER:· "We talked about that the 25· ·lawsuit had arrived and that she was going to be in (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 4 Page 2 of 9 MENDOZA vs FRESH VENTURE FOODS SANDOVAL, MARISOL on 09/28/2022 Page 11 ·1· ·charge of everything." ·2· ·BY MS. HAMILTON: ·3· · · ·Q.· ·And what does that mean, that Doreen would be ·4· ·in charge of everything? ·5· · · ·A.· ·Doreen is in charge of any given situation that ·6· ·may appear. ·7· · · ·Q.· ·Did you speak with Veronica Dodd at any point ·8· ·about Sicilia's lawsuit? ·9· · · · · · THE INTERPRETER:· Counsel, do you mind 10· ·repeating the question. 11· ·BY MS. HAMILTON: 12· · · ·Q.· ·Did you speak to Veronica Dodd at any point in 13· ·time about Sicilia's lawsuit? 14· · · ·A.· ·No. 15· · · ·Q.· ·Did you at any point talk to Veronica Dodd 16· ·about Javier Bravo? 17· · · ·A.· ·No. 18· · · ·Q.· ·Did you at any point in time talk to Doreen 19· ·about Javier Bravo? 20· · · ·A.· ·No. 21· · · ·Q.· ·Have you talked to your family at all about 22· ·this lawsuit against you? 23· · · ·A.· ·No. 24· · · ·Q.· ·Have you talked to anyone else about Sicilia's 25· ·allegations that she was sexually harassed while she was (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 4 Page 3 of 9 MENDOZA vs FRESH VENTURE FOODS SANDOVAL, MARISOL on 09/28/2022 Page 54 ·1· · · ·A.· ·Correct. ·2· · · ·Q.· ·But you can't remember now if the suggestion ·3· ·stated that there was sexual harassment by Javier Bravo? ·4· · · · · · MR. STOLL:· Objection.· Asked and answered. ·5· ·BY MS. HAMILTON: ·6· · · ·Q.· ·You can answer. ·7· · · ·A.· ·I do not remember. ·8· · · ·Q.· ·Now, whether this suggestion was written by ·9· ·Javier Bravo or written about Javier Bravo, it would 10· ·have gone into his personnel file; correct? 11· · · · · · MR. STOLL:· Objection.· Calls for speculation. 12· · · · · · THE WITNESS:· I don't know. 13· ·BY MS. HAMILTON: 14· · · ·Q.· ·Now I'm going to pull up what will be marked as 15· ·Exhibit 6.· This is also from the 2016 handbook, and, 16· ·Ms. Sandoval, I'd ask you to please read the section on 17· ·"PERSONNEL FILES." 18· · · · · · (Exhibit 6 was marked for identification.) 19· · · · · · THE WITNESS:· Okay. 20· ·BY MS. HAMILTON: 21· · · ·Q.· ·Does Central City maintain personnel files for 22· ·their employees? 23· · · ·A.· ·It is only for a period of time that we keep 24· ·the files. 25· · · ·Q.· ·And is a personnel file maintained for seven (805) 544-3363 | 1302 Osos Street, San Luis Obispo, Ca 93401 YVer1f EXHIBIT 4 Page 4 of 9 MENDOZA vs FRESH VENTURE FOODS SANDOVAL, MARISOL on 09/28/2022 Page 55 ·1· ·years? ·2· · · ·A.· ·I don't know. ·3· · · ·Q.· ·Is Doreen responsible for maintaining personnel ·4· ·files? ·5· · · ·A.· ·Yes. ·6· · · ·Q.· ·And if you know, does Doreen follow any laws ·7· ·for the laws that dictate responsibilities and duties ·8· ·for maintaining a personnel file? ·9· · · · · · MR. STOLL:· Objection.· Calls for a legal 10· ·conclusion. 11· ·BY MS. HAMILTON: 12· · · ·Q.· ·You can answer. 13· · · ·A.· ·Can I reserve my right to answer? 14· · · ·Q.· ·I'm not sure what that means, but I will move 15· ·on. 16· · · · · · Are all employees required to fill out an 17· ·employee application? 18· · · ·A.· ·Yes. 19· · · ·Q.· ·Would the employee application remain in that 20· ·employee's personnel file? 21· · · ·A.· ·Yes. 22· · · ·Q.· ·Does Central City Labor inq