Notice Of Entry Of Order/notice Of Ruling Filed Denying Petitioners' Motion To Vacate Arbitration Award Filed By Respondent G2 Secure Staff Ca, L.p. G2 Secure Staff, L.l.c. Khan, Shazia
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LYNNE C. HERMLE (STATE BAR NO, 99779)
JULIA C. RIECHERT (STATE BAR NO. 254078)
ELECTRONICALLY
MEGAN M. LAWSON (STATE BAR NO. 294397) FILED
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone: 650-614-7400
Facsimile: 650-614-7401
Ichermle@orrick.com
jriechert@orrick.com
megan.lawson@orrick.com
Attorneys for Respondents
Supertor Court of California,
County of San Francisco
06/06/2016
Clerk of the Court
BY MADONNA CARANTO
Deputy Clerk
G2 SECURE STAFF CA, L.P., G2 SECURE STAFF,
L.L.C. and SHAZIA KHAN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JEFFREY DAMASCO, ZAN WIN NAING,
JOSE DE JESUS MORALES SANDOVAL,
ELSA YAMBAO, and EXEQUIEL
BAUTISTA,
Petitioners,
v.
G2 SECURE STAFF CA, L.P.; G2 SECURE
STAFF L.L.C.; SHAZIA KHAN; AND DOES
1 TO 100,
Respondents.
Case No. CPF 15 514637
NOTICE OF ENTRY OF ORDER
DENYING PETITIONERS’ MOTION
TO VACATE ARBITRATION AWARD
Petition filed: May 2, 2016
NOTICE OF ENTRY OF ORDER DENYING PETITIONERS’ MOTION TO VACATE ARBITRATION AWARDPage 2 TO PLAINTIFFS JEFFREY DAMASCO, ZAN WIN NAING, JOSE DE JESUS
MORALES SANDOVAL, ELSA YAMBAO, and EXEQUIEL BAUTISTA AND THEIR
ATTORNEYS OF RECORD:
YOU ARE HEREBY NOTIFIED THAT, on June 1, 2016, the Court in this action entered
the order attached hereto as Exhibit A.
Dated: June 6, 2016 Orrick, Herrington & Sutcliffe LLP
oly Zi)
ULIA € RIECHERT
Attorneys for Respondents
-l]-
NOTICE OF ENTRY OF ORDER DENYING PETITIONERS’ MOTION TO VACATE ARBITRATION AWARDPage 3 EXHIBIT APage 4 —_ Ww
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LYNNE C. HERMLE (STATE BAR NO. 99779)
JULIA C, RIECHERT (STATE BAR NO. 254078)
MEGAN M. LAWSON (STATE BAR NO. 294397)
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone: 650-614-7400
Facsimile: 650-614-7401
Ichermle@orrick.com
jriechert@orrick.com
megan.lawson@orrick.com
Attorneys for Respondents
G2 SECURE STAFF CA, L.P., G2 SECURE STAFF,
L.L.C. and SHAZIA KHAN
E,
of PPPRSED
Cee Sp Pea,
JUN ~ L206
CLER
by. san OF TH
E Cou
a
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JEFFREY DAMASCO, ZAN WIN NAING,
JOSE DE JESUS MORALES SANDOVAL,
ELSA YAMBAO, and EXEQUIEL
BAUTISTA,
Petitioners,
v.
G2 SECURE STAFF CA, L.P.; G2 SECURE
STAFF L.L.C.; SHAZIA KHAN,
Respondents,
OHSUSA:765293047. |
Case No. CPF 15 514637
ORDER DENYING ()
PETITIONERS’ MOTION TO VACAT
ARBITRATION AWARD
Date:
Time:
Dept.:
June 1, 2016
9:30 a.m.
302
Petition filed: May 2, 2016
{PROPOSED] ORDER DENYING MOTION TO VACATE ARBITRATION AWARDPage 5 10
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Petitioners’ Motion to Vacate Arbitration Award came on for hearing as noticed on
Wednesday, June 1, 2016, at 9:30 a.m. in Department 302 of the San Francisco County Superior
Court. All parties were represented by counsel. After consideration of the papers filed in support
of and in opposition to the Motion, arguments of counsel, and all other evidence and matters
presented to the Court, and good cause appearing therefore,
IT IS HEREBY ORDERED:
Petitioners’ Motion to Vacate Arbitration Award is DENIED. Petitioners have not shown
that there are any grounds to vacate the award. Petitioners’ failure to raise their concerns about
the asserted inattentiveness of the arbitrator during the hearing precludes them from seeking to
vacate the award on that basis. Even if they were not so precluded, Petitioners do not point to
anything in the transcripts of the hearing or any other objective evidence that the arbitrator was
inattentive or, if he was, how his inattentiveness prejudiced them in any way.
Petitioners’ failure to raise their concerns that the arbitrator assertedly requested “political
favors” from Ms. Alioto prior to the issuance of the interim award precludes them from seeking to
vacate the award on that basis. Even if they were not so precluded, Petitioners do not point to
anything in the transcripts of the hearing or any other objective evidence that the arbitrator made
the statements attributed to him or, if he did make those statements, how those statements
prejudiced them in any way.
Assuming without deciding that the standard of review set out in Pearson Dental
Supplies, Inc. v. Superior Court (2010) 48 Cal 4th 665, and Richey v. AutoNation Inc. (2015) 60
Cal.4th 909 applies to this case rather than the standard of review required by the FAA, there is
no evidence that the arbitrator’s decision was premised on a clear legal error which denied or
curtailed Petitioners’ right to be heard on their claims. The award shows that the arbitrator
understood the decision in Roby v. McKesson Corp. (2009) 47 Cal.4th 686, considered the totality
of the evidence, and found that the personnel management actions did not support a finding that
Respondents communicated a hostile message via biased personnel management actions.
Petitioners have not demonstrated that the arbitrator’s summary disposition of the harassment
claims of Petitioners Damasco, Naing and Sandoval was a clear legal error which deprived them
OHSUSA:765293047,1 -l-
of their right to have their claims heard. Petitioners also failed to show how the references in the
award to Petitioners meeting with their attorneys and filing a lawsuit affected any decision made
by the arbitrator.
IT IS SO ORDERED.
Dated: o/y / Ma
OHSUSA:765293047.1
/ s/ HAROLD KAHN
Judge of the Superior Court
HAROLD KAHN
EtOM)
-2-
PROOF OF SERVICE
I am more than eighteen years old and not a party to this action. My business address is
Orrick, Herrington & Sutcliffe LLP, 1000 Marsh Road, Menlo Park, California 94025. On June
6, 2016 I served the following document(s):
NOTICE OF ENTRY OF ORDER DENYING PETITIONER’S MOTION TO VACATE
ARBITRATION AWARD
on the interested parties in this action by placing true and correct copies thereof in sealed
envelope(s) addressed as follows:
Sandra Ribera
Ribera Law Firm
157 West Portal Ave., #2
San Francisco, CA 94127
Angela Alioto
L/O Joseph Alioto and Angela Alioto
700 Montgomery Street
San Francisco, CA 94133
I am employed in the county from which the mailing occurred. On the date indicated
above, I placed the sealed envelope(s) for collection and mailing at this firm’s office business
address indicated above. I am readily familiar with this firm’s practice for the collection and
processing of correspondence for mailing with the United States Postal Service. Under that
practice, the firm’s correspondence would be deposited with the United States Postal Service on
this same date with postage thereon fully prepaid in the ordinary course of business.
I declare under penalty of perjury that the foregoing is true and correct. Executed on June
6, 2016 at Menlo Park, California. yo. J
n ; i , . ss
x £ AKAD Ko Ta. ?
<<) Linda Katona
-1-
PROOF OF SERVICE
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PlainSite Cover Page
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LYNNE C. HERMLE (STATE BAR NO, 99779)
JULIA C. RIECHERT (STATE BAR NO. 254078)
ELECTRONICALLY
MEGAN M. LAWSON (STATE BAR NO. 294397) FILED
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone: 650-614-7400
Facsimile: 650-614-7401
Ichermle@orrick.com
jriechert@orrick.com
megan.lawson@orrick.com
Attorneys for Respondents
Supertor Court of California,
County of San Francisco
06/06/2016
Clerk of the Court
BY MADONNA CARANTO
Deputy Clerk
G2 SECURE STAFF CA, L.P., G2 SECURE STAFF,
L.L.C. and SHAZIA KHAN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JEFFREY DAMASCO, ZAN WIN NAING,
JOSE DE JESUS MORALES SANDOVAL,
ELSA YAMBAO, and EXEQUIEL
BAUTISTA,
Petitioners,
v.
G2 SECURE STAFF CA, L.P.; G2 SECURE
STAFF L.L.C.; SHAZIA KHAN; AND DOES
1 TO 100,
Respondents.
Case No. CPF 15 514637
NOTICE OF ENTRY OF ORDER
DENYING PETITIONERS’ MOTION
TO VACATE ARBITRATION AWARD
Petition filed: May 2, 2016
NOTICE OF ENTRY OF ORDER DENYING PETITIONERS’ MOTION TO VACATE ARBITRATION AWARD
PDF Page 3
TO PLAINTIFFS JEFFREY DAMASCO, ZAN WIN NAING, JOSE DE JESUS
MORALES SANDOVAL, ELSA YAMBAO, and EXEQUIEL BAUTISTA AND THEIR
ATTORNEYS OF RECORD:
YOU ARE HEREBY NOTIFIED THAT, on June 1, 2016, the Court in this action entered
the order attached hereto as Exhibit A.
Dated: June 6, 2016 Orrick, Herrington & Sutcliffe LLP
oly Zi)
ULIA € RIECHERT
Attorneys for Respondents
-l]-
NOTICE OF ENTRY OF ORDER DENYING PETITIONERS’ MOTION TO VACATE ARBITRATION AWARD
PDF Page 4
EXHIBIT A
PDF Page 5
—_ Ww
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LYNNE C. HERMLE (STATE BAR NO. 99779)
JULIA C, RIECHERT (STATE BAR NO. 254078)
MEGAN M. LAWSON (STATE BAR NO. 294397)
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone: 650-614-7400
Facsimile: 650-614-7401
Ichermle@orrick.com
jriechert@orrick.com
megan.lawson@orrick.com
Attorneys for Respondents
G2 SECURE STAFF CA, L.P., G2 SECURE STAFF,
L.L.C. and SHAZIA KHAN
E,
of PPPRSED
Cee Sp Pea,
JUN ~ L206
CLER
by. san OF TH
E Cou
a
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JEFFREY DAMASCO, ZAN WIN NAING,
JOSE DE JESUS MORALES SANDOVAL,
ELSA YAMBAO, and EXEQUIEL
BAUTISTA,
Petitioners,
v.
G2 SECURE STAFF CA, L.P.; G2 SECURE
STAFF L.L.C.; SHAZIA KHAN,
Respondents,
OHSUSA:765293047. |
Case No. CPF 15 514637
ORDER DENYING ()
PETITIONERS’ MOTION TO VACAT
ARBITRATION AWARD
Date:
Time:
Dept.:
June 1, 2016
9:30 a.m.
302
Petition filed: May 2, 2016
{PROPOSED] ORDER DENYING MOTION TO VACATE ARBITRATION AWARD
PDF Page 6
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Petitioners’ Motion to Vacate Arbitration Award came on for hearing as noticed on
Wednesday, June 1, 2016, at 9:30 a.m. in Department 302 of the San Francisco County Superior
Court. All parties were represented by counsel. After consideration of the papers filed in support
of and in opposition to the Motion, arguments of counsel, and all other evidence and matters
presented to the Court, and good cause appearing therefore,
IT IS HEREBY ORDERED:
Petitioners’ Motion to Vacate Arbitration Award is DENIED. Petitioners have not shown
that there are any grounds to vacate the award. Petitioners’ failure to raise their concerns about
the asserted inattentiveness of the arbitrator during the hearing precludes them from seeking to
vacate the award on that basis. Even if they were not so precluded, Petitioners do not point to
anything in the transcripts of the hearing or any other objective evidence that the arbitrator was
inattentive or, if he was, how his inattentiveness prejudiced them in any way.
Petitioners’ failure to raise their concerns that the arbitrator assertedly requested “political
favors” from Ms. Alioto prior to the issuance of the interim award precludes them from seeking to
vacate the award on that basis. Even if they were not so precluded, Petitioners do not point to
anything in the transcripts of the hearing or any other objective evidence that the arbitrator made
the statements attributed to him or, if he did make those statements, how those statements
prejudiced them in any way.
Assuming without deciding that the standard of review set out in Pearson Dental
Supplies, Inc. v. Superior Court (2010) 48 Cal 4th 665, and Richey v. AutoNation Inc. (2015) 60
Cal.4th 909 applies to this case rather than the standard of review required by the FAA, there is
no evidence that the arbitrator’s decision was premised on a clear legal error which denied or
curtailed Petitioners’ right to be heard on their claims. The award shows that the arbitrator
understood the decision in Roby v. McKesson Corp. (2009) 47 Cal.4th 686, considered the totality
of the evidence, and found that the personnel management actions did not support a finding that
Respondents communicated a hostile message via biased personnel management actions.
Petitioners have not demonstrated that the arbitrator’s summary disposition of the harassment
claims of Petitioners Damasco, Naing and Sandoval was a clear legal error which deprived them
OHSUSA:765293047,1 -l-
PROPOSED] ORDER DENYING MOTION TO VACATE ARBITRATION AWARD
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of their right to have their claims heard. Petitioners also failed to show how the references in the
award to Petitioners meeting with their attorneys and filing a lawsuit affected any decision made
by the arbitrator.
IT IS SO ORDERED.
Dated: o/y / Ma
OHSUSA:765293047.1
/ s/ HAROLD KAHN
Judge of the Superior Court
HAROLD KAHN
EtOM)
-2-
~{TPROPOSEDLORDER DENYING MOTION TO VACATE ARBITRATION AWARD
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PROOF OF SERVICE
I am more than eighteen years old and not a party to this action. My business address is
Orrick, Herrington & Sutcliffe LLP, 1000 Marsh Road, Menlo Park, California 94025. On June
6, 2016 I served the following document(s):
NOTICE OF ENTRY OF ORDER DENYING PETITIONER’S MOTION TO VACATE
ARBITRATION AWARD
on the interested parties in this action by placing true and correct copies thereof in sealed
envelope(s) addressed as follows:
Sandra Ribera
Ribera Law Firm
157 West Portal Ave., #2
San Francisco, CA 94127
Angela Alioto
L/O Joseph Alioto and Angela Alioto
700 Montgomery Street
San Francisco, CA 94133
I am employed in the county from which the mailing occurred. On the date indicated
above, I placed the sealed envelope(s) for collection and mailing at this firm’s office business
address indicated above. I am readily familiar with this firm’s practice for the collection and
processing of correspondence for mailing with the United States Postal Service. Under that
practice, the firm’s correspondence would be deposited with the United States Postal Service on
this same date with postage thereon fully prepaid in the ordinary course of business.
I declare under penalty of perjury that the foregoing is true and correct. Executed on June
6, 2016 at Menlo Park, California. yo. J
n ; i , . ss
x £ AKAD Ko Ta. ?
<<) Linda Katona
-1-
PROOF OF SERVICE
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