Preview
Diane Aqui, SBN 217087
daqui@smithdollar.com
SMITH DOLLAR PC
Attorneys at Law
418 B Street, Fourth Floor
Santa Rosa, California 95401
Telephone: (707) 522-1100
Facsimile: (707) 522-1101
Attorneys for Defendants SPURGEON PAINTING, INC., THOMAS BOYD MEACHAM III,
and TIA BUCKALEW
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
MAYA CASTRO, an individual, CASE NO.: SCV-269513
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Plaintiff, DECLARATION OF THOMAS BOYD
11 MEACHAM III IN SUPPORT OF
Vv. DEFENDANTS’ OPPOSITION TO MOTION
12 FOR SUMMARY JUDGMENT OR IN THE
SPURGEON PAINTING, INC., a California ALTERNATIVE, FOR SUMMARY
13 Corporation; THOMAS BOYD MEACHAM. ADJUDICATION
III, an individual; TIJA BUCKALEW, an
14 individual and DOES 1-50, Date: August 16, 2023
Time: 3:00 P.M.
15 Defendants. Dept: 18
16 Judge: Hon. Christopher Honigsberg
17 Complaint Filed: October 15, 2021
Trial Date: August 25, 2023
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I, THOMAS BOYD MEACHAM IIL, declare as follows:
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1 I, Thomas Boyd Meacham III, am over the age of 18. I have personal knowledge of
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the facts set forth in this Declaration and could testify competently thereto if called upon to do so.
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2 I work for Spurgeon Painting, Inc. (“Spurgeon”) as Project Manager and President. I
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supervised Plaintiff's work as Operations Manager during her brief employment with Spurgeon.
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Attached hereto as Exhibit A is a true and correct copy of the Offer Letter I sent to Plaintiff on
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January 15, 2021. While the Offer Letter states that Plaintiff
was moved to salary on April 12,
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2021, this was a typo and it actually occurred on February 12, 2021. Plaintiff
was informed before
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she started work in January 2021, that she would be moving to salary and thus, it was no indication
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Smimpotiar 28 2023-7-25 declaration ofboyd in support of -l-
opp_msj
DECLARATION OF THOMAS BOYD MEACHAM III IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION
of her performance but rather a reflection of her job duties.
3 During her last two weeks of work, Plaintiff made it clear that she was not interested
in putting in any effort to learn the job and began applying for other jobs during her working day.
4 I made the decision to terminate Plaintiff and on April 8, 2021, due to her
consistently poor performance and failure to put forth any effort to adapt to company practices. I
requested our office email Payroll Masters on April 8, 2021, to request the final paycheck, so that I
could effectuate the termination the following day. Attached hereto as Exhibit B is a true and
correct copy of my April 8, 2021, email to Payroll Masters.
5 On April 29, 2021, I instructed Tija Buckalew to notify Arrow Benefits Group of
10 Plaintiff's termination and submitted COBRA paperwork. Attached hereto as Exhibit C is a true
11 and correct copy of the COBRA notification to Arrow Benefits Group.
12 I declare under penalty of perjury under the laws of the State of California, that the foregoing
13 is true and correct. Executed on July 28, 2023 at Santa Rosa, California.
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16 Thomas Boyd Meacham III
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SmithDollar 28 2023-7-25 declaration of boyd in support of -2-
opp_msj
DECLARATION OF THOMAS BOYD MEACHAM III IN SUPPORT OF DEFENDANTS’ OPPOSITION TO
MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION
Exhibit A
DocuSign Envelope ID: 18A94F03-7BCD-4E33-851D-8D79CE8FC901
ry
CYaA7 ait
Residential / Commercial / Wineries
interior / Exterior Elastomeric Coatings
January 15, 2021
Dear Maya,
Congratulations! Spurgeon Painting, Inc. is excited to cell you our new
Operations Manger.
We aim to get you settled into your new role by January 18, 2021.
Keep reading te learn more about this opportunity and hopefully answer any
lingering questions you may have.
Spurgeon Painting, Inc. will stort you out at $25.00 per hour for ihe first 30 work
days. You can expect to receive payment weekly starting on January 29, 2021.
On April 12, 2021 you will be moved to salary at $1096.16 weekly for the
remainder of 2021. Going forward your salary will be $57,000.00 annually.
You'll be a regular office employee of Spurgeon Painting, inc. and willbe able to
participate in benefits, like medical insurance, our Simple [RA plan and paid time
off. We pay 50% of your Kaiser premium, we match up to 3% of your wages for
the Simple IRA and your paid time off will acerue weekly at .77 hours.
You will also receive paid major holidays when they fall on a weekday such as
New Year's Day, Memorial Day, July 4%, Labor Day, Thanksgiving and Christmas.
Pledse keep in mind, this employment offer is in no way a legally binding
contract, and as an at-will employee, both you and Spurgeon Painting, Inc., are
able to terminate employment fer any reason at any time.
Spurgeon Painting. Inc. looks forward to bringing you on board! If you have any
questions; reach out anytime-and we'll be more than happy to help:you> a3 ee,
Best,
Boyd Meacham
President
Shee ath ___— wha.
/ sb
Dote
Ol/)a
Maya Castro Date
a} TEL eae
Co
Exhibit B
Re: last check
Peggy Fischer
Thu 4/8/2021 10:30 AM
To: ija Buckalew
Hi Tija,
| have enclosed a check stub for your review and approval
for Maya's final manual check
Please let me know if this is correct
Thank you
Peggy Fischer
Payroll and New Accounts Specialist
peggyf@payrollmasters.com
707-307-6118
707-226-1412 FAX
From: Tija Buckalew
Sent: Thursday, April 8, 2021 8:38 AM
To: Peggy Fischer
Subject: Re: last check
| forgot she needs also needs to be paid $118.50 for accrued vacation. We don’t normally have that so
if you need you can list that as misc wages.
Please let me know you received this.
Best,
Tija
Tija Buckalew
Spurgeon Painting, Inc
707-763-7185
707-228-8910
From: Tija Buckalew
Sent: Thursday, April 8, 2021 8:14:35 AM
To: Peggy Fischer
Subject: last check
Good morning Peggy,
Spur 000005
| need to get a last check prepared. Usually, when this happens Gloriebeth gives me the net amount and sends
mea stub. | write the check myself and we add it to next weeks payroll. Does that work for you?
#355 Maya Castro
$1119.29
twill need you to reimburse her $23.67 for medical deductions,
We did this on our 4/2 payroll with employee I you need to look back and review how
Gloriebeth handled it.
tam leaving the office shortly. If you need to reach me please call my cell and not the office. 707-228-8910. | will
have email access and can respond.
Thank you,
Tija Buckalew
707-763-7185/707-228-8910
M-Th 7:30-4:30
a
(as)
AY ye mr
1
= PUNT
UN Gf
"Serving the North Bay since 1976"
Spur 000006
Exhibit C
Maya Castro termination
Tija Buckalew
Thu 4/29/2021 11:48 AM
To: Agi Macdonald
Cc: Adan Amaya ;CID0276@arrowbenefitstechnology.com
Hello Agi,
Thank you for your previous email introducing yourself.
Here is a termination | need processed.
Thank you and | look forward to working with you.
Tija Spurgeon Buckalew
707-763-7185/707-228-8910
M-Th 7:30-4:30
AY TO
rent
tN GA
7
J
"Serving the North Bay since 1976"
om
Dy}
VAIA
Spur 000009
PROOF OF SERVICE
Iam employed in the County of Sonoma, State of California. I am over the age of 18 years
and not a party to the within action. My business address is 418 B Street, Fourth Floor, Santa
Rosa, CA 95401. On August 2, 2023, I served the attached DECLARATION OF THOMAS
BOYD MEACHAM III IN SUPPORT OF DEFENDANTS’ OPPOSITION TO MOTION
FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY
ADJUDICATION on the parties to this action by serving:
Maya Castro In Pro Per
777 Silver Spur Rd, Suite 235 Telephone: (424) 392-0002
Rolling Hills Estates, CA 90274 Facsimile:
Email: mayas.castro@yahoo.com
/X/ BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement
10 of the parties to accept service by e-mail or electronic transmission, I caused the documents to be
sent to the persons at the e-mail addresses listed above. No electronic message or other indication
11 that the transmission was unsuccessful was received within a reasonable time after the transmission.
12 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
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Dated:August 2, 2023
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Stephanie D. Abbott
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SmithDollar 2023-7-25 declaration ofboyd in support of -l-
opp_msj
PROOF OF SERVICE
Preview
Diane Aqui, SBN 217087 daqui@smithdollar.com SMITH DOLLAR PC Attorneys at Law 418 B Street, Fourth Floor Santa Rosa, California 95401 Telephone: (707) 522-1100 Facsimile: (707) 522-1101 Attorneys for Defendants SPURGEON PAINTING, INC., THOMAS BOYD MEACHAM III, and TIA BUCKALEW SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA MAYA CASTRO, an individual, CASE NO.: SCV-269513 10 Plaintiff, DECLARATION OF THOMAS BOYD 11 MEACHAM III IN SUPPORT OF Vv. DEFENDANTS’ OPPOSITION TO MOTION 12 FOR SUMMARY JUDGMENT OR IN THE SPURGEON PAINTING, INC., a California ALTERNATIVE, FOR SUMMARY 13 Corporation; THOMAS BOYD MEACHAM. ADJUDICATION III, an individual; TIJA BUCKALEW, an 14 individual and DOES 1-50, Date: August 16, 2023 Time: 3:00 P.M. 15 Defendants. Dept: 18 16 Judge: Hon. Christopher Honigsberg 17 Complaint Filed: October 15, 2021 Trial Date: August 25, 2023 18 I, THOMAS BOYD MEACHAM IIL, declare as follows: 19 1 I, Thomas Boyd Meacham III, am over the age of 18. I have personal knowledge of 20 the facts set forth in this Declaration and could testify competently thereto if called upon to do so. 21 2 I work for Spurgeon Painting, Inc. (“Spurgeon”) as Project Manager and President. I 22 supervised Plaintiff's work as Operations Manager during her brief employment with Spurgeon. 23 Attached hereto as Exhibit A is a true and correct copy of the Offer Letter I sent to Plaintiff on 24 January 15, 2021. While the Offer Letter states that Plaintiff was moved to salary on April 12, 25 2021, this was a typo and it actually occurred on February 12, 2021. Plaintiff was informed before 26 she started work in January 2021, that she would be moving to salary and thus, it was no indication 27 Smimpotiar 28 2023-7-25 declaration ofboyd in support of -l- opp_msj DECLARATION OF THOMAS BOYD MEACHAM III IN SUPPORT OF DEFENDANTS’ OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION of her performance but rather a reflection of her job duties. 3 During her last two weeks of work, Plaintiff made it clear that she was not interested in putting in any effort to learn the job and began applying for other jobs during her working day. 4 I made the decision to terminate Plaintiff and on April 8, 2021, due to her consistently poor performance and failure to put forth any effort to adapt to company practices. I requested our office email Payroll Masters on April 8, 2021, to request the final paycheck, so that I could effectuate the termination the following day. Attached hereto as Exhibit B is a true and correct copy of my April 8, 2021, email to Payroll Masters. 5 On April 29, 2021, I instructed Tija Buckalew to notify Arrow Benefits Group of 10 Plaintiff's termination and submitted COBRA paperwork. Attached hereto as Exhibit C is a true 11 and correct copy of the COBRA notification to Arrow Benefits Group. 12 I declare under penalty of perjury under the laws of the State of California, that the foregoing 13 is true and correct. Executed on July 28, 2023 at Santa Rosa, California. 14 15 16 Thomas Boyd Meacham III 17 18 19 20 21 22 23 24 25 26 27 SmithDollar 28 2023-7-25 declaration of boyd in support of -2- opp_msj DECLARATION OF THOMAS BOYD MEACHAM III IN SUPPORT OF DEFENDANTS’ OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION Exhibit A DocuSign Envelope ID: 18A94F03-7BCD-4E33-851D-8D79CE8FC901 ry CYaA7 ait Residential / Commercial / Wineries interior / Exterior Elastomeric Coatings January 15, 2021 Dear Maya, Congratulations! Spurgeon Painting, Inc. is excited to cell you our new Operations Manger. We aim to get you settled into your new role by January 18, 2021. Keep reading te learn more about this opportunity and hopefully answer any lingering questions you may have. Spurgeon Painting, Inc. will stort you out at $25.00 per hour for ihe first 30 work days. You can expect to receive payment weekly starting on January 29, 2021. On April 12, 2021 you will be moved to salary at $1096.16 weekly for the remainder of 2021. Going forward your salary will be $57,000.00 annually. You'll be a regular office employee of Spurgeon Painting, inc. and willbe able to participate in benefits, like medical insurance, our Simple [RA plan and paid time off. We pay 50% of your Kaiser premium, we match up to 3% of your wages for the Simple IRA and your paid time off will acerue weekly at .77 hours. You will also receive paid major holidays when they fall on a weekday such as New Year's Day, Memorial Day, July 4%, Labor Day, Thanksgiving and Christmas. Pledse keep in mind, this employment offer is in no way a legally binding contract, and as an at-will employee, both you and Spurgeon Painting, Inc., are able to terminate employment fer any reason at any time. Spurgeon Painting. Inc. looks forward to bringing you on board! If you have any questions; reach out anytime-and we'll be more than happy to help:you> a3 ee, Best, Boyd Meacham President Shee ath ___— wha. / sb Dote Ol/)a Maya Castro Date a} TEL eae Co Exhibit B Re: last check Peggy Fischer Thu 4/8/2021 10:30 AM To: ija Buckalew Hi Tija, | have enclosed a check stub for your review and approval for Maya's final manual check Please let me know if this is correct Thank you Peggy Fischer Payroll and New Accounts Specialist peggyf@payrollmasters.com 707-307-6118 707-226-1412 FAX From: Tija Buckalew Sent: Thursday, April 8, 2021 8:38 AM To: Peggy Fischer Subject: Re: last check | forgot she needs also needs to be paid $118.50 for accrued vacation. We don’t normally have that so if you need you can list that as misc wages. Please let me know you received this. Best, Tija Tija Buckalew Spurgeon Painting, Inc 707-763-7185 707-228-8910 From: Tija Buckalew Sent: Thursday, April 8, 2021 8:14:35 AM To: Peggy Fischer Subject: last check Good morning Peggy, Spur 000005 | need to get a last check prepared. Usually, when this happens Gloriebeth gives me the net amount and sends mea stub. | write the check myself and we add it to next weeks payroll. Does that work for you? #355 Maya Castro $1119.29 twill need you to reimburse her $23.67 for medical deductions, We did this on our 4/2 payroll with employee I you need to look back and review how Gloriebeth handled it. tam leaving the office shortly. If you need to reach me please call my cell and not the office. 707-228-8910. | will have email access and can respond. Thank you, Tija Buckalew 707-763-7185/707-228-8910 M-Th 7:30-4:30 a (as) AY ye mr 1 = PUNT UN Gf "Serving the North Bay since 1976" Spur 000006 Exhibit C Maya Castro termination Tija Buckalew Thu 4/29/2021 11:48 AM To: Agi Macdonald Cc: Adan Amaya ;CID0276@arrowbenefitstechnology.com Hello Agi, Thank you for your previous email introducing yourself. Here is a termination | need processed. Thank you and | look forward to working with you. Tija Spurgeon Buckalew 707-763-7185/707-228-8910 M-Th 7:30-4:30 AY TO rent tN GA 7 J "Serving the North Bay since 1976" om Dy} VAIA Spur 000009 PROOF OF SERVICE Iam employed in the County of Sonoma, State of California. I am over the age of 18 years and not a party to the within action. My business address is 418 B Street, Fourth Floor, Santa Rosa, CA 95401. On August 2, 2023, I served the attached DECLARATION OF THOMAS BOYD MEACHAM III IN SUPPORT OF DEFENDANTS’ OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION on the parties to this action by serving: Maya Castro In Pro Per 777 Silver Spur Rd, Suite 235 Telephone: (424) 392-0002 Rolling Hills Estates, CA 90274 Facsimile: Email: mayas.castro@yahoo.com /X/ BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement 10 of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. No electronic message or other indication 11 that the transmission was unsuccessful was received within a reasonable time after the transmission. 12 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 13 Dated:August 2, 2023 14 _ speeded 15 Stephanie D. Abbott 16 17 18 19 20 21 22 23 24 25 26 27 28 SmithDollar 2023-7-25 declaration ofboyd in support of -l- opp_msj PROOF OF SERVICE