1017-00004 · Entities. Aurelius Global Media Group · Discovery/Class Action

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES — CENTRAL DISTRICT

MARISOL FUENTES, individually and on behalf of all others similarly situated,

Plaintiff,

AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,

Defendants.

Case No. 22STCV38214

Assigned for all purposes to Hon. Raymond Escobedo, Dept. 34

DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF FORM INTERROGATORIES TO PLAINTIFF MARISOL FUENTES

[Judicial Council Form DISC-001 — Selected Sections]

PRELIMINARY INSTRUCTIONS AND DEFINITIONS

Instructions.

1. These interrogatories are propounded by Defendant Aurelius Media Americas Inc. ("AMA") to Plaintiff Marisol Fuentes ("Plaintiff") pursuant to California Code of Civil Procedure sections 2030.010 through 2030.090 and the Judicial Council Form Interrogatories (DISC-001). Plaintiff is required to answer each interrogatory fully, under oath, within thirty (30) days of service of these interrogatories, or within such other time as may be agreed upon by the parties in writing or ordered by the Court.

2. Each interrogatory must be answered separately, fully, and completely, to the extent not objected to. If an objection is interposed to any interrogatory, the specific ground(s) for the objection must be clearly stated, and the interrogatory must nevertheless be answered to the extent that it is not objectionable.

3. If any interrogatory cannot be answered completely, Plaintiff shall answer it to the fullest extent possible, specifying the reason(s) why a complete answer cannot be given and stating whatever information or knowledge Plaintiff has regarding the unanswered portion of the interrogatory.

4. If a privilege is claimed as a basis for an objection, the objection must state the specific privilege invoked, the factual basis supporting the claim of privilege, and sufficient information to enable the Court to adjudicate the privilege claim, including the identity of the communicants, the date of the communication, the general subject matter of the communication, and the relationship of the communicants giving rise to the privilege.

5. These interrogatories are deemed to be continuing in nature pursuant to California Code of Civil Procedure section 2030.070. If, after serving responses to these interrogatories, Plaintiff obtains or discovers additional or different information responsive to any interrogatory, Plaintiff is obligated to serve supplemental responses as required by California Code of Civil Procedure section 2030.310.

6. Where an interrogatory requests identification of a DOCUMENT, Plaintiff shall state the title or description of the document, its date, the identity of its author(s), the identity of the addressee(s) or recipient(s), and the present location and custodian of the document. Where an interrogatory requests identification of a PERSON, Plaintiff shall state the person's full name, last known address, telephone number, and relationship to the parties or facts at issue.

7. Where the response to an interrogatory incorporates or refers to a document, the document itself does not constitute a sufficient answer. Plaintiff must provide a narrative response that is complete in itself, without reference to or incorporation of documents or other responses, except as expressly permitted by California Code of Civil Procedure section 2030.230.

Definitions. As used in these interrogatories, the following terms shall have the meanings set forth below:

1. "YOU," "YOUR," or "PLAINTIFF" means Marisol Fuentes, individually and in her capacity as a named plaintiff and putative class representative in the above-captioned action, including any and all agents, representatives, attorneys, investigators, or other persons acting on her behalf.

2. "AMA" or "DEFENDANT" means Aurelius Media Americas Inc., a Delaware corporation, including its current and former officers, directors, employees, agents, representatives, subsidiaries, affiliates, predecessors, successors, and assigns.

3. "PERSON" includes any natural person, firm, corporation, partnership, association, limited liability company, joint venture, governmental entity, or any other type of entity, organization, or group, whether incorporated or unincorporated.

4. "DOCUMENT" or "DOCUMENTS" shall have the broadest meaning ascribed to that term under California Code of Civil Procedure section 2016.020 and California Evidence Code section 250, and includes, without limitation, any writing, as defined in Evidence Code section 250, and any electronically stored information ("ESI"), including e-mails, text messages, instant messages, social media postings, digital photographs, recordings, databases, spreadsheets, and metadata associated with any of the foregoing.

5. "INCIDENT" refers broadly to the circumstances, events, policies, practices, and conduct giving rise to the claims asserted in the Complaint, including but not limited to the alleged meal period violations, rest period violations, off-the-clock work, overtime violations, minimum wage violations, wage statement inaccuracies, and waiting time penalty claims described therein.

6. "COMPLAINT" refers to the Complaint filed by Plaintiff on November 1, 2022, in the above-captioned action, and any and all amendments thereto, including any subsequently filed amended complaint.

7. "CLASS PERIOD" means November 1, 2018 through the present, as alleged in the Complaint.

8. "ADDRESS" means the street address, city, state, and zip code of a person's residence or principal place of business.

9. "IDENTIFY" or "IDENTIFICATION," when used with reference to a PERSON, means to state the person's full name, last known ADDRESS, telephone number, and relationship (if any) to the parties or to the facts at issue. When used with reference to a DOCUMENT, "IDENTIFY" means to state the title, date, author(s), recipient(s), type of document, general subject matter, present location, and custodian of the document. When used with reference to a communication, "IDENTIFY" means to state the date, the participants, the medium of the communication (e.g., oral, written, electronic), and the substance of the communication.

10. "RELATING TO" or "CONCERNING" means referring to, describing, evidencing, constituting, connected with, commenting on, in respect of, about, regarding, pertaining to, containing, alluding to, responding to, or having any logical or factual connection with the matter described.

FORM INTERROGATORIES

The following Form Interrogatories are propounded pursuant to Judicial Council of California Form DISC-001 and are directed to Plaintiff Marisol Fuentes. Selected sections have been designated as indicated below.

SECTION 1.0 — IDENTITY OF RESPONDING PARTY

FORM INTERROGATORY NO. 1.1:

State your full legal name, all former names (including maiden name, prior married names, aliases, and "also known as" names), your date of birth, and your current residence address.

SECTION 2.0 — GENERAL BACKGROUND INFORMATION — INDIVIDUAL

FORM INTERROGATORY NO. 2.1:

State your present residence address. For each residence at which you have lived during the past five (5) years, state: (a) the address; (b) the dates you resided there (month and year); and (c) the name(s) of each person who resided with you at each address and the relationship of each such person to you.

FORM INTERROGATORY NO. 2.2:

State your present occupation and the name and address of your current employer. For the past ten (10) years, list all occupations and employers, including for each: (a) the name and address of the employer; (b) the dates of employment (month and year of start and end); (c) the position(s) or title(s) held; (d) the nature of your job duties; (e) your rate or amount of compensation at the time of hire and at the time of separation; and (f) the reason you left each position (e.g., voluntary resignation, termination, layoff, or other).

FORM INTERROGATORY NO. 2.3:

Have you, at any time within the past ten (10) years, filed an action in any court, or made a written claim or demand for compensation, based on personal injuries, employment-related claims, or any other civil cause of action? If so, for each such action, claim, or demand, state: (a) the nature of the claim or injuries alleged; (b) the name of the court or forum in which the action was filed, or the person or entity to whom the claim or demand was directed; (c) the case number (if applicable); (d) the date the action was filed or the claim was made; and (e) the result, including any settlement amount or judgment obtained.

FORM INTERROGATORY NO. 2.5:

Have you ever filed a petition for bankruptcy under any chapter of the United States Bankruptcy Code? If so, for each such filing, state: (a) the name and location of the court in which the petition was filed; (b) the case number; (c) the chapter under which the petition was filed (e.g., Chapter 7, Chapter 11, Chapter 13); (d) the date the petition was filed; and (e) the date of discharge, dismissal, or the current status of the proceeding.

FORM INTERROGATORY NO. 2.6:

Have you ever been convicted of a felony? If so, for each conviction, state: (a) the nature of the offense; (b) the name and location of the court in which you were convicted; (c) the case number; and (d) the date of the conviction.

SECTION 4.0 — INSURANCE

FORM INTERROGATORY NO. 4.1:

At the time of the INCIDENT, were you covered by any insurance policy under which the insurance company may be liable to satisfy part or all of a judgment that may be entered against you in this action, or to indemnify or reimburse you for payments made to satisfy such a judgment? If so, for each such policy, state: (a) the name and address of the insurance company; (b) the policy number; (c) the type of coverage provided; (d) the applicable policy limits; and (e) whether any reservation of rights or denial of coverage has been issued.

FORM INTERROGATORY NO. 4.2:

Has any insurance company, employer, union, or other entity agreed to, or does any of them have an obligation to, defend any party to this action? If so, identify each such entity and describe the nature and extent of the defense obligation, including: (a) the name and address of the entity; (b) the basis for the defense obligation (e.g., insurance policy, indemnification agreement); and (c) whether the defense is being provided subject to a reservation of rights.

SECTION 6.0 — OTHER ACTIONS / CLAIMS

FORM INTERROGATORY NO. 6.1:

Do you, or does anyone acting on your behalf, claim any damages arising from the INCIDENT other than those specifically alleged in the Complaint? If so, for each such claim, describe: (a) the nature of the damage claimed; (b) the amount of the damage claimed; (c) the factual basis for the claim; and (d) the identity of any DOCUMENTS supporting the claim.

FORM INTERROGATORY NO. 6.2:

Are there any other lawsuits, claims, arbitrations, or administrative proceedings, whether pending or concluded, that arise from the same or substantially the same facts, transactions, occurrences, or employment practices as those alleged in the Complaint? If so, for each such proceeding, state: (a) the names of all parties; (b) the name and location of the court, agency, or forum; (c) the case, claim, or docket number; (d) the date the proceeding was commenced; (e) the current status of the proceeding; and (f) the nature of the claims or charges asserted. This interrogatory includes, without limitation, any complaint or claim filed with the California Division of Labor Standards Enforcement (Labor Commissioner), any charge or complaint filed with the United States Equal Employment Opportunity Commission ("EEOC") or the California Department of Fair Employment and Housing ("DFEH," now the Civil Rights Department), any workers' compensation claim, and any other administrative or arbitral proceeding.

SECTION 8.0 — LOSS OF INCOME AND EARNING CAPACITY

FORM INTERROGATORY NO. 8.1:

Do you attribute any loss of income or earning capacity to the INCIDENT? If so, state: (a) the nature of the claimed loss (e.g., unpaid wages, unpaid overtime, unpaid meal period premiums, unpaid rest period premiums, lost future earnings, or diminished earning capacity); (b) the total amount of the claimed loss, broken down by category; (c) the computation showing how each amount was calculated, including the hourly rate(s), number of hours, and time period(s) used in the computation; and (d) the identity of each DOCUMENT that supports or relates to the claimed loss. To the extent that YOUR individual claim for lost income or earning capacity is distinct from any class-wide damages claim, clearly specify the amount and basis for YOUR individual claim.

FORM INTERROGATORY NO. 8.2:

State your total earnings, from all sources, for each of the five (5) calendar years preceding the date of the INCIDENT (i.e., for the calendar years 2017, 2018, 2019, 2020, 2021, and 2022, inclusive), and your total earnings, from all sources, for each year since the INCIDENT through the present. For each year, identify: (a) the source of the income (e.g., employer name, self-employment, investment income, government benefits); (b) the gross amount received from each source; and (c) the type of income (e.g., wages, salary, commissions, bonuses, tips, unemployment benefits, disability benefits, or other).

FORM INTERROGATORY NO. 8.3:

State the name, ADDRESS, and telephone number of each employer for whom you have worked at any time since November 1, 2018, including for each: (a) the dates of employment (month and year of start and end); (b) the position(s) or title(s) held; (c) whether you were classified as exempt or non-exempt from overtime; (d) the compensation received, including hourly rate(s), salary, bonuses, commissions, or other forms of compensation; and (e) the name and title of your direct supervisor(s).

FORM INTERROGATORY NO. 8.4:

Have you, at any time, made any claim for workers' compensation benefits or unemployment insurance benefits arising from or related to your employment with AMA? If so, for each such claim, state: (a) the nature of the claim; (b) the date the claim was filed; (c) the name and address of the insurance carrier, employer, or state agency involved; (d) the claim or case number; and (e) the current status or final disposition of the claim, including any benefits received.

SECTION 9.0 — OTHER DAMAGES (EMPLOYMENT-SPECIFIC)

FORM INTERROGATORY NO. 9.1:

Are there any other damages claimed by you, whether individually or as class representative, that have not been previously identified in your responses to the foregoing interrogatories? If so, for each such item of damage, state: (a) the nature and description of the damage; (b) the total amount claimed; (c) the date(s) on which the damage was incurred; (d) the factual basis for the claim; and (e) the identity of all DOCUMENTS that support or relate to the claimed damage.

FORM INTERROGATORY NO. 9.2:

Do you claim that you are entitled to any civil penalties under the California Labor Code, including but not limited to penalties under the Private Attorneys General Act of 2004, California Labor Code sections 2698 through 2699.8 ("PAGA")? If so, for each penalty claimed, state: (a) the specific Labor Code section under which the penalty is sought; (b) the factual basis for each claimed penalty, including the specific conduct or omission by AMA that you contend gives rise to the penalty; (c) the amount of the penalty claimed, including the per-violation and per-pay-period calculation used; (d) the time period for which penalties are sought; and (e) the identity of all DOCUMENTS supporting the claim. In responding to this interrogatory, please specifically address each of the following Labor Code provisions alleged in the Complaint: sections 226.7, 510, 512, 1194, 1197, 1197.1, 1198, 226, and 201 through 203, as well as PAGA penalties under sections 2698 through 2699.8.

SECTION 10.0 — MEDICAL HISTORY

FORM INTERROGATORY NO. 10.1:

Do you claim any physical injuries, emotional distress, mental anguish, or psychological conditions as a result of or arising from the INCIDENT? If so, for each such injury or condition, state: (a) a description of the injury or condition; (b) the date of onset; (c) the symptoms experienced; (d) the treatment received, including the type of treatment (e.g., medication, therapy, hospitalization); (e) the name, ADDRESS, and telephone number of each physician, therapist, counselor, or other health care provider who has examined or treated you for the injury or condition; (f) the dates of each examination or treatment; (g) the cost of each examination or treatment; (h) whether the injury or condition is ongoing; and (i) the identity of all DOCUMENTS relating to the injury, condition, or treatment (including medical records, billing statements, and insurance claims).

SECTION 12.0 — WITNESSES

FORM INTERROGATORY NO. 12.1:

State the name, ADDRESS, and telephone number of each PERSON who: (a) witnessed any event or circumstance relating to the INCIDENT; (b) has knowledge of any facts relating to the claims asserted in the Complaint or the defenses raised in AMA's Answer; or (c) has knowledge of any facts that may be relevant to the subject matter of this action. For each such PERSON, briefly describe the subject matter of the person's knowledge, the person's relationship to any party (e.g., coworker, supervisor, friend, family member), and the time period during which the person had such knowledge. This interrogatory includes, but is not limited to, any current or former employee of AMA who worked at the Studio City facility located at 4024 Penmark Strategy Partners Avenue, Studio City, California 91604, or who was assigned to the Unscripted Programming Division, and any PERSON with knowledge of AMA's meal period practices, rest period practices, timekeeping practices, or wage and hour policies.

FORM INTERROGATORY NO. 12.2:

Have you or anyone acting on your behalf obtained any written or recorded statements from any witness or other PERSON concerning the INCIDENT or any facts relating to this action? If so, for each such statement, state: (a) the name and ADDRESS of the person who made the statement; (b) the date on which the statement was made; (c) whether the statement is written, audio-recorded, video-recorded, or in some other form; (d) the name and ADDRESS of the person who obtained or recorded the statement; (e) the name and ADDRESS of the person who currently has custody or control of the statement; and (f) a brief description of the subject matter of the statement.

FORM INTERROGATORY NO. 12.3:

Identify all PERSONS who have knowledge of YOUR employment history with AMA, including but not limited to YOUR job duties, daily work schedule, meal period practices, rest period practices, overtime hours worked, off-the-clock work performed, timekeeping procedures, compensation, and any complaints or communications YOU made regarding any of the foregoing during your employment. For each such PERSON, state: (a) the person's full name, ADDRESS, and telephone number; (b) the person's title or position at AMA (if applicable); (c) the person's relationship to you; and (d) a description of the specific knowledge the person possesses.

SECTION 13.0 — INVESTIGATION AND PROSECUTION OF CLAIMS

FORM INTERROGATORY NO. 13.1:

Have YOU or anyone acting on YOUR behalf conducted any investigation or inquiry into the facts, claims, or defenses at issue in this action? If so, for each such investigation or inquiry, state: (a) the nature and scope of the investigation; (b) the date(s) on which it was conducted; (c) the name and ADDRESS of each person who conducted or participated in the investigation; (d) the identity and description of each DOCUMENT, report, memorandum, or other writing generated as a result of the investigation; and (e) the current location and custodian of each such document.

FORM INTERROGATORY NO. 13.2:

State the date on which YOU first contacted or consulted an attorney regarding the claims asserted in this action or any potential claims arising from the same or substantially similar facts. For each attorney or law firm contacted or consulted, state: (a) the name and ADDRESS of the attorney or law firm; (b) the date of the initial contact or consultation; (c) the circumstances that led you to seek legal representation, including the specific events or concerns that prompted the consultation; and (d) whether the attorney or law firm agreed to represent you (and if so, the date of the engagement).

SECTION 14.0 — DAMAGES CONTENTIONS

FORM INTERROGATORY NO. 14.1:

Do you contend that any PERSON, other than you and DEFENDANT AMA, contributed to or is responsible for any of the injuries, damages, or losses you claim in this action? If so, for each such PERSON, state: (a) the person's full name and ADDRESS; (b) the basis for your contention that the person contributed to or is responsible for your claimed injuries or damages; (c) a description of the specific acts or omissions of the person that you contend caused or contributed to your damages; and (d) the identity of all DOCUMENTS supporting your contention.

FORM INTERROGATORY NO. 14.2:

State the total amount of damages claimed by YOU individually (as distinguished from any class-wide or representative damages) as a result of the INCIDENT, broken down by each of the following categories, with a specific dollar amount or computation for each:

(a) Unpaid meal period premiums under California Labor Code section 226.7;

(b) Unpaid rest period premiums under California Labor Code section 226.7;

(d) Unpaid minimum wages under California Labor Code sections 1194, 1197, and 1197.1;

(e) Wage statement penalties under California Labor Code section 226;

(f) Waiting time penalties under California Labor Code sections 201 through 203;

(g) PAGA civil penalties under California Labor Code sections 2698 through 2699.8;

(h) Interest, whether statutory or otherwise;

(i) Attorneys' fees and costs; and

(j) Any other category of damages not identified above.

For each category, state the factual basis for the claimed amount, the computation or methodology used to arrive at the amount, and the identity of all DOCUMENTS that support the claim.

SECTION 15.0 — CONTRACT (EMPLOYMENT AGREEMENT)

FORM INTERROGATORY NO. 15.1:

Identify each and every agreement, whether written, oral, or implied by conduct, between YOU and AMA relating to YOUR employment, including but not limited to any offer letter, employment agreement, compensation agreement, arbitration agreement, dispute resolution agreement, confidentiality or non-disclosure agreement, non-competition agreement, non-solicitation agreement, severance agreement, separation agreement, or acknowledgment of receipt of policies (including the AMA Employee Handbook). For each such agreement, state: (a) the date of the agreement; (b) the names of the parties to the agreement; (c) whether the agreement is written, oral, or implied; (d) a description of the subject matter and material terms of the agreement; (e) the identity of all PERSONS with knowledge of the agreement; and (f) the current location and custodian of any written agreement or documentation thereof. If you contend that any such agreement has been breached, modified, or is unenforceable, state the basis for that contention.

SECTION 16.0 — DENIAL OF MATERIAL ALLEGATION

FORM INTERROGATORY NO. 16.1:

Do you contend that AMA's written meal period and rest period policies, as set forth in the AMA Employee Handbook (revised March 2021), did not comply with the requirements of California law, including California Labor Code sections 226.7 and 512 and the applicable Industrial Welfare Commission Wage Orders? If so, for each specific policy provision that you contend is non-compliant: (a) identify the specific provision of the AMA Employee Handbook (by section number, title, or page reference) that you contend is non-compliant; (b) identify the specific provision of the California Labor Code, Wage Order, or other legal authority that you contend the policy violates; (c) explain the basis for your contention that the policy is non-compliant; and (d) identify all DOCUMENTS and PERSONS who support your contention.

FORM INTERROGATORY NO. 16.2:

Do you contend that AMA failed to provide you with a copy of the AMA Employee Handbook or any written meal period or rest period policy at any time during your employment? If so: (a) state when you contend AMA was required to provide the handbook or policy; (b) describe the circumstances under which you contend AMA failed to provide it; (c) state whether you received any training or instruction regarding meal period or rest period policies during your employment, and if so, describe the training or instruction, including the date, location, and person(s) who provided it; and (d) identify all DOCUMENTS and PERSONS who support your contention.

SECTION 17.0 — RESPONSES TO AFFIRMATIVE DEFENSES

FORM INTERROGATORY NO. 17.1:

Is YOUR response to each of the affirmative defenses set forth in DEFENDANT AMA's Answer to the Complaint, filed on February 17, 2023, that you deny each and every one of them? If YOUR response is not a blanket denial of all affirmative defenses, then for each affirmative defense that you do not deny in its entirety, state: (a) the number and title of the affirmative defense; (b) all facts upon which you base your response to that affirmative defense; (c) the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) the identity of all DOCUMENTS that support your response. DEFENDANT's Answer asserts the following affirmative defenses, among others: (1) failure to state a cause of action; (2) compliance with applicable law; (3) statute of limitations; (4) waiver; (5) estoppel; (6) laches; (7) unclean hands; (8) failure to mitigate; (9) consent; (10) individual issues predominate; (11) lack of typicality; (12) lack of adequacy; and (13) de minimis doctrine.

SECTION 20.0 — HOW THE INCIDENT OCCURRED (ADAPTED FOR EMPLOYMENT CLAIMS)

FORM INTERROGATORY NO. 20.1:

State all facts upon which you base your contention that AMA failed to provide you with compliant meal periods during your employment with AMA. For each instance of an alleged meal period violation, state: (a) the approximate date of the violation; (b) the facility at which you were working at the time of the alleged violation; (c) the show, program, or production unit to which you were assigned at the time; (d) the name and title of your direct supervisor at the time; (e) the scheduled length of your shift on the date of the alleged violation; (f) whether you received any meal period on that date, and if so, the approximate time the meal period began and ended and the total duration of the meal period; (g) the reason(s) the meal period was missed, shortened, interrupted, or otherwise non-compliant, including whether work demands, supervisor instructions, or other factors prevented you from taking a full, uninterrupted, duty-free meal period; (h) whether you reported the missed or shortened meal period to any supervisor, manager, or human resources representative, and if so, the name of the person to whom you reported, the date of the report, and any response you received; and (i) the identity of all DOCUMENTS and PERSONS who have knowledge of the alleged violation.

FORM INTERROGATORY NO. 20.2:

State all facts upon which you base your contention that AMA failed to provide you with compliant rest periods during your employment with AMA. For each instance of an alleged rest period violation, provide the same detail as requested in Form Interrogatory No. 20.1, adapted to the rest period context, including: (a) the approximate date; (b) the facility at which you were working; (c) the show or production unit to which you were assigned; (d) the name of your supervisor; (e) the scheduled length of your shift; (f) whether you received any rest period, and if so, the approximate duration and circumstances; (g) the reason(s) the rest period was missed, shortened, or otherwise non-compliant; (h) whether you reported the issue to any supervisor, manager, or human resources representative; and (i) the identity of all DOCUMENTS and PERSONS who have knowledge of the alleged violation.

FORM INTERROGATORY NO. 20.3:

State all facts upon which you base your contention that you performed off-the-clock work for AMA. For each instance of alleged off-the-clock work, state: (a) the approximate date; (b) the nature of the work performed during the off-the-clock period (e.g., pre-shift setup, post-shift cleanup, answering emails, phone calls, or other tasks); (c) the approximate duration of the off-the-clock work; (d) whether the off-the-clock work was performed before or after your scheduled shift, or during a meal or rest period; (e) the name and title of the supervisor who directed, authorized, requested, or was aware of the off-the-clock work; (f) whether you reported the off-the-clock work to any supervisor, manager, or human resources representative, and if so, the name of the person, the date of the report, and any response received; (g) whether you recorded or attempted to record the off-the-clock work in the NovaPay Solutions "TimeTrack Pro" timekeeping system or any other timekeeping system, and if not, the reason(s) why; and (h) the identity of all DOCUMENTS and PERSONS who have knowledge of the alleged off-the-clock work.

FORM INTERROGATORY NO. 20.4:

Were you at any time during your employment with AMA aware of the NovaPay Solutions "TimeTrack Pro" timekeeping system's "Missed Meal Attestation" feature? If so, state: (a) when you first became aware of the feature (approximate date); (b) how you learned of the feature (e.g., training, supervisor instruction, coworker, written communication); (c) whether the feature was activated and available for your use at the facility where you were assigned; (d) whether you ever used the feature, and if so, on how many occasions and the approximate dates; and (e) if you did not use the feature, explain the reason(s) why you did not use it. If you were not aware of the feature, so state, and describe what (if any) mechanism or procedure you understood to be available for reporting missed or shortened meal periods.

FORM INTERROGATORY NO. 20.5:

During your employment with AMA, did you ever complain to, or raise concerns with, any supervisor, manager, human resources representative, or other AMA employee about meal period issues, rest period issues, overtime issues, off-the-clock work, wage payment issues, or any other matter relating to the claims asserted in the Complaint? If so, for each complaint or communication, state: (a) the date of the complaint or communication; (b) the name and title of the person to whom you complained or raised the concern; (c) the method of communication (e.g., in-person conversation, email, telephone call, written complaint, or use of a company hotline or reporting system); (d) the substance and specific content of your complaint or concern; (e) any response you received, including the name and title of the person who responded and the substance of the response; and (f) the identity of all DOCUMENTS relating to or memorializing the complaint or communication.

FORM INTERROGATORY NO. 20.6:

During your employment with AMA, did you at any time voluntarily waive, decline, or choose not to take any meal period or rest period to which you were entitled? If so, for each such occasion, state: (a) the approximate date; (b) whether the waiver was made in writing, orally, or by conduct; (c) the circumstances that led you to waive, decline, or not take the meal or rest period (e.g., personal preference, desire to leave work early, workload, supervisor request); (d) whether the waiver was documented in any timekeeping record, meal period waiver form, or other DOCUMENT; and (e) whether any supervisor, manager, or other AMA employee was aware that you waived, declined, or did not take the meal or rest period, and if so, the name and title of that person.

VERIFICATION

I, Marisol Fuentes, declare under penalty of perjury under the laws of the State of California that I have read the foregoing responses to Defendant Aurelius Media Americas Inc.'s First Set of Form Interrogatories and know the contents thereof. The responses are true and correct to the best of my knowledge, information, and belief. I further declare that I have made a diligent search and reasonable inquiry to ascertain all information responsive to each interrogatory and that the information contained in these responses is true and complete to the best of my knowledge and belief.

Executed on ____, 2023, at Los Angeles, California.

________________________________________

Marisol Fuentes

Dated: February 24, 2023

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7238 Facsimile: (213) 555-7239

Email: darcher@calderwoodharkness.com

Attorneys for Defendant Aurelius Media Americas Inc.

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.

On February 24, 2023, I served the foregoing document described as:

DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF FORM INTERROGATORIES TO PLAINTIFF MARISOL FUENTES

on the interested parties in this action by transmitting a true and correct copy via electronic mail to the email addresses set forth below, pursuant to California Code of Civil Procedure section 1010.6 and the agreement of the parties to accept service by electronic means:

Marco Castellano, Esq. Diane Salas, Esq. Trevor Kim, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025

Email: mcastellano@cbsemploymentlaw.com

Email: dsalas@cbsemploymentlaw.com

Email: tkim@cbsemploymentlaw.com

Attorneys for Plaintiff Marisol Fuentes

Sandra Higuera, Esq. Veltrano Employment Law Group PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071

Email: shiguera@ridgemontlaw.com

PAGA Co-Counsel for Plaintiff Marisol Fuentes

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 24, 2023, at Los Angeles, California.

________________________________________

Brynn T. Calloway Paralegal, Calderwood & Harkness LLP

Propounding Party:	Defendant Aurelius Media Americas Inc. ("AMA")
Responding Party:	Plaintiff Marisol Fuentes
Set Number:	One

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
MARISOL FUENTES, individually and on behalf of all others similarly situated,
Plaintiff,
v.
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants.
Case No. 22STCV38214
Assigned for all purposes to Hon. Raymond Escobedo, Dept. 34
DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF FORM INTERROGATORIES TO PLAINTIFF MARISOL FUENTES
[Judicial Council Form DISC-001 — Selected Sections]
PRELIMINARY INSTRUCTIONS AND DEFINITIONS
Instructions.  
1.  These interrogatories are propounded by Defendant Aurelius Media Americas Inc. ("AMA") to Plaintiff Marisol Fuentes ("Plaintiff") pursuant to California Code of Civil Procedure sections 2030.010 through 2030.090 and the Judicial Council Form Interrogatories (DISC-001). Plaintiff is required to answer each interrogatory fully, under oath, within thirty (30) days of service of these interrogatories, or within such other time as may be agreed upon by the parties in writing or ordered by the Court.
2.  Each interrogatory must be answered separately, fully, and completely, to the extent not objected to. If an objection is interposed to any interrogatory, the specific ground(s) for the objection must be clearly stated, and the interrogatory must nevertheless be answered to the extent that it is not objectionable.
3.  If any interrogatory cannot be answered completely, Plaintiff shall answer it to the fullest extent possible, specifying the reason(s) why a complete answer cannot be given and stating whatever information or knowledge Plaintiff has regarding the unanswered portion of the interrogatory.
4.  If a privilege is claimed as a basis for an objection, the objection must state the specific privilege invoked, the factual basis supporting the claim of privilege, and sufficient information to enable the Court to adjudicate the privilege claim, including the identity of the communicants, the date of the communication, the general subject matter of the communication, and the relationship of the communicants giving rise to the privilege.
5.  These interrogatories are deemed to be continuing in nature pursuant to California Code of Civil Procedure section 2030.070. If, after serving responses to these interrogatories, Plaintiff obtains or discovers additional or different information responsive to any interrogatory, Plaintiff is obligated to serve supplemental responses as required by California Code of Civil Procedure section 2030.310.
6.  Where an interrogatory requests identification of a DOCUMENT, Plaintiff shall state the title or description of the document, its date, the identity of its author(s), the identity of the addressee(s) or recipient(s), and the present location and custodian of the document. Where an interrogatory requests identification of a PERSON, Plaintiff shall state the person's full name, last known address, telephone number, and relationship to the parties or facts at issue.
7.  Where the response to an interrogatory incorporates or refers to a document, the document itself does not constitute a sufficient answer. Plaintiff must provide a narrative response that is complete in itself, without reference to or incorporation of documents or other responses, except as expressly permitted by California Code of Civil Procedure section 2030.230.
Definitions.  As used in these interrogatories, the following terms shall have the meanings set forth below:
1.  "YOU," "YOUR," or "PLAINTIFF" means Marisol Fuentes, individually and in her capacity as a named plaintiff and putative class representative in the above-captioned action, including any and all agents, representatives, attorneys, investigators, or other persons acting on her behalf.
2.  "AMA" or "DEFENDANT" means Aurelius Media Americas Inc., a Delaware corporation, including its current and former officers, directors, employees, agents, representatives, subsidiaries, affiliates, predecessors, successors, and assigns.
3.  "PERSON" includes any natural person, firm, corporation, partnership, association, limited liability company, joint venture, governmental entity, or any other type of entity, organization, or group, whether incorporated or unincorporated.
4.  "DOCUMENT" or "DOCUMENTS" shall have the broadest meaning ascribed to that term under California Code of Civil Procedure section 2016.020 and California Evidence Code section 250, and includes, without limitation, any writing, as defined in Evidence Code section 250, and any electronically stored information ("ESI"), including e-mails, text messages, instant messages, social media postings, digital photographs, recordings, databases, spreadsheets, and metadata associated with any of the foregoing.
5.  "INCIDENT" refers broadly to the circumstances, events, policies, practices, and conduct giving rise to the claims asserted in the Complaint, including but not limited to the alleged meal period violations, rest period violations, off-the-clock work, overtime violations, minimum wage violations, wage statement inaccuracies, and waiting time penalty claims described therein.
6.  "COMPLAINT" refers to the Complaint filed by Plaintiff on November 1, 2022, in the above-captioned action, and any and all amendments thereto, including any subsequently filed amended complaint.
7.  "CLASS PERIOD" means November 1, 2018 through the present, as alleged in the Complaint.
8.  "ADDRESS" means the street address, city, state, and zip code of a person's residence or principal place of business.
9.  "IDENTIFY" or "IDENTIFICATION," when used with reference to a PERSON, means to state the person's full name, last known ADDRESS, telephone number, and relationship (if any) to the parties or to the facts at issue. When used with reference to a DOCUMENT, "IDENTIFY" means to state the title, date, author(s), recipient(s), type of document, general subject matter, present location, and custodian of the document. When used with reference to a communication, "IDENTIFY" means to state the date, the participants, the medium of the communication (e.g., oral, written, electronic), and the substance of the communication.
10.  "RELATING TO" or "CONCERNING" means referring to, describing, evidencing, constituting, connected with, commenting on, in respect of, about, regarding, pertaining to, containing, alluding to, responding to, or having any logical or factual connection with the matter described.
FORM INTERROGATORIES
The following Form Interrogatories are propounded pursuant to Judicial Council of California Form DISC-001 and are directed to Plaintiff Marisol Fuentes. Selected sections have been designated as indicated below.
SECTION 1.0 — IDENTITY OF RESPONDING PARTY
FORM INTERROGATORY NO. 1.1:
State your full legal name, all former names (including maiden name, prior married names, aliases, and "also known as" names), your date of birth, and your current residence address.
SECTION 2.0 — GENERAL BACKGROUND INFORMATION — INDIVIDUAL
FORM INTERROGATORY NO. 2.1:
State your present residence address. For each residence at which you have lived during the past five (5) years, state: (a) the address; (b) the dates you resided there (month and year); and (c) the name(s) of each person who resided with you at each address and the relationship of each such person to you.
FORM INTERROGATORY NO. 2.2:
State your present occupation and the name and address of your current employer. For the past ten (10) years, list all occupations and employers, including for each: (a) the name and address of the employer; (b) the dates of employment (month and year of start and end); (c) the position(s) or title(s) held; (d) the nature of your job duties; (e) your rate or amount of compensation at the time of hire and at the time of separation; and (f) the reason you left each position (e.g., voluntary resignation, termination, layoff, or other).
FORM INTERROGATORY NO. 2.3:
Have you, at any time within the past ten (10) years, filed an action in any court, or made a written claim or demand for compensation, based on personal injuries, employment-related claims, or any other civil cause of action? If so, for each such action, claim, or demand, state: (a) the nature of the claim or injuries alleged; (b) the name of the court or forum in which the action was filed, or the person or entity to whom the claim or demand was directed; (c) the case number (if applicable); (d) the date the action was filed or the claim was made; and (e) the result, including any settlement amount or judgment obtained.
FORM INTERROGATORY NO. 2.5:
Have you ever filed a petition for bankruptcy under any chapter of the United States Bankruptcy Code? If so, for each such filing, state: (a) the name and location of the court in which the petition was filed; (b) the case number; (c) the chapter under which the petition was filed (e.g., Chapter 7, Chapter 11, Chapter 13); (d) the date the petition was filed; and (e) the date of discharge, dismissal, or the current status of the proceeding.
FORM INTERROGATORY NO. 2.6:
Have you ever been convicted of a felony? If so, for each conviction, state: (a) the nature of the offense; (b) the name and location of the court in which you were convicted; (c) the case number; and (d) the date of the conviction.
SECTION 4.0 — INSURANCE
FORM INTERROGATORY NO. 4.1:
At the time of the INCIDENT, were you covered by any insurance policy under which the insurance company may be liable to satisfy part or all of a judgment that may be entered against you in this action, or to indemnify or reimburse you for payments made to satisfy such a judgment? If so, for each such policy, state: (a) the name and address of the insurance company; (b) the policy number; (c) the type of coverage provided; (d) the applicable policy limits; and (e) whether any reservation of rights or denial of coverage has been issued.
FORM INTERROGATORY NO. 4.2:
Has any insurance company, employer, union, or other entity agreed to, or does any of them have an obligation to, defend any party to this action? If so, identify each such entity and describe the nature and extent of the defense obligation, including: (a) the name and address of the entity; (b) the basis for the defense obligation (e.g., insurance policy, indemnification agreement); and (c) whether the defense is being provided subject to a reservation of rights.
SECTION 6.0 — OTHER ACTIONS / CLAIMS
FORM INTERROGATORY NO. 6.1:
Do you, or does anyone acting on your behalf, claim any damages arising from the INCIDENT other than those specifically alleged in the Complaint? If so, for each such claim, describe: (a) the nature of the damage claimed; (b) the amount of the damage claimed; (c) the factual basis for the claim; and (d) the identity of any DOCUMENTS supporting the claim.
FORM INTERROGATORY NO. 6.2:
Are there any other lawsuits, claims, arbitrations, or administrative proceedings, whether pending or concluded, that arise from the same or substantially the same facts, transactions, occurrences, or employment practices as those alleged in the Complaint? If so, for each such proceeding, state: (a) the names of all parties; (b) the name and location of the court, agency, or forum; (c) the case, claim, or docket number; (d) the date the proceeding was commenced; (e) the current status of the proceeding; and (f) the nature of the claims or charges asserted. This interrogatory includes, without limitation, any complaint or claim filed with the California Division of Labor Standards Enforcement (Labor Commissioner), any charge or complaint filed with the United States Equal Employment Opportunity Commission ("EEOC") or the California Department of Fair Employment and Housing ("DFEH," now the Civil Rights Department), any workers' compensation claim, and any other administrative or arbitral proceeding.
SECTION 8.0 — LOSS OF INCOME AND EARNING CAPACITY
FORM INTERROGATORY NO. 8.1:
Do you attribute any loss of income or earning capacity to the INCIDENT? If so, state: (a) the nature of the claimed loss (e.g., unpaid wages, unpaid overtime, unpaid meal period premiums, unpaid rest period premiums, lost future earnings, or diminished earning capacity); (b) the total amount of the claimed loss, broken down by category; (c) the computation showing how each amount was calculated, including the hourly rate(s), number of hours, and time period(s) used in the computation; and (d) the identity of each DOCUMENT that supports or relates to the claimed loss. To the extent that YOUR individual claim for lost income or earning capacity is distinct from any class-wide damages claim, clearly specify the amount and basis for YOUR individual claim.
FORM INTERROGATORY NO. 8.2:
State your total earnings, from all sources, for each of the five (5) calendar years preceding the date of the INCIDENT (i.e., for the calendar years 2017, 2018, 2019, 2020, 2021, and 2022, inclusive), and your total earnings, from all sources, for each year since the INCIDENT through the present. For each year, identify: (a) the source of the income (e.g., employer name, self-employment, investment income, government benefits); (b) the gross amount received from each source; and (c) the type of income (e.g., wages, salary, commissions, bonuses, tips, unemployment benefits, disability benefits, or other).
FORM INTERROGATORY NO. 8.3:
State the name, ADDRESS, and telephone number of each employer for whom you have worked at any time since November 1, 2018, including for each: (a) the dates of employment (month and year of start and end); (b) the position(s) or title(s) held; (c) whether you were classified as exempt or non-exempt from overtime; (d) the compensation received, including hourly rate(s), salary, bonuses, commissions, or other forms of compensation; and (e) the name and title of your direct supervisor(s).
FORM INTERROGATORY NO. 8.4:
Have you, at any time, made any claim for workers' compensation benefits or unemployment insurance benefits arising from or related to your employment with AMA? If so, for each such claim, state: (a) the nature of the claim; (b) the date the claim was filed; (c) the name and address of the insurance carrier, employer, or state agency involved; (d) the claim or case number; and (e) the current status or final disposition of the claim, including any benefits received.
SECTION 9.0 — OTHER DAMAGES (EMPLOYMENT-SPECIFIC)
FORM INTERROGATORY NO. 9.1:
Are there any other damages claimed by you, whether individually or as class representative, that have not been previously identified in your responses to the foregoing interrogatories? If so, for each such item of damage, state: (a) the nature and description of the damage; (b) the total amount claimed; (c) the date(s) on which the damage was incurred; (d) the factual basis for the claim; and (e) the identity of all DOCUMENTS that support or relate to the claimed damage.
FORM INTERROGATORY NO. 9.2:
Do you claim that you are entitled to any civil penalties under the California Labor Code, including but not limited to penalties under the Private Attorneys General Act of 2004, California Labor Code sections 2698 through 2699.8 ("PAGA")? If so, for each penalty claimed, state: (a) the specific Labor Code section under which the penalty is sought; (b) the factual basis for each claimed penalty, including the specific conduct or omission by AMA that you contend gives rise to the penalty; (c) the amount of the penalty claimed, including the per-violation and per-pay-period calculation used; (d) the time period for which penalties are sought; and (e) the identity of all DOCUMENTS supporting the claim. In responding to this interrogatory, please specifically address each of the following Labor Code provisions alleged in the Complaint: sections 226.7, 510, 512, 1194, 1197, 1197.1, 1198, 226, and 201 through 203, as well as PAGA penalties under sections 2698 through 2699.8.
SECTION 10.0 — MEDICAL HISTORY
FORM INTERROGATORY NO. 10.1:
Do you claim any physical injuries, emotional distress, mental anguish, or psychological conditions as a result of or arising from the INCIDENT? If so, for each such injury or condition, state: (a) a description of the injury or condition; (b) the date of onset; (c) the symptoms experienced; (d) the treatment received, including the type of treatment (e.g., medication, therapy, hospitalization); (e) the name, ADDRESS, and telephone number of each physician, therapist, counselor, or other health care provider who has examined or treated you for the injury or condition; (f) the dates of each examination or treatment; (g) the cost of each examination or treatment; (h) whether the injury or condition is ongoing; and (i) the identity of all DOCUMENTS relating to the injury, condition, or treatment (including medical records, billing statements, and insurance claims).
SECTION 12.0 — WITNESSES
FORM INTERROGATORY NO. 12.1:
State the name, ADDRESS, and telephone number of each PERSON who: (a) witnessed any event or circumstance relating to the INCIDENT; (b) has knowledge of any facts relating to the claims asserted in the Complaint or the defenses raised in AMA's Answer; or (c) has knowledge of any facts that may be relevant to the subject matter of this action. For each such PERSON, briefly describe the subject matter of the person's knowledge, the person's relationship to any party (e.g., coworker, supervisor, friend, family member), and the time period during which the person had such knowledge. This interrogatory includes, but is not limited to, any current or former employee of AMA who worked at the Studio City facility located at 4024 Penmark Strategy Partners Avenue, Studio City, California 91604, or who was assigned to the Unscripted Programming Division, and any PERSON with knowledge of AMA's meal period practices, rest period practices, timekeeping practices, or wage and hour policies.
FORM INTERROGATORY NO. 12.2:
Have you or anyone acting on your behalf obtained any written or recorded statements from any witness or other PERSON concerning the INCIDENT or any facts relating to this action? If so, for each such statement, state: (a) the name and ADDRESS of the person who made the statement; (b) the date on which the statement was made; (c) whether the statement is written, audio-recorded, video-recorded, or in some other form; (d) the name and ADDRESS of the person who obtained or recorded the statement; (e) the name and ADDRESS of the person who currently has custody or control of the statement; and (f) a brief description of the subject matter of the statement.
FORM INTERROGATORY NO. 12.3:
Identify all PERSONS who have knowledge of YOUR employment history with AMA, including but not limited to YOUR job duties, daily work schedule, meal period practices, rest period practices, overtime hours worked, off-the-clock work performed, timekeeping procedures, compensation, and any complaints or communications YOU made regarding any of the foregoing during your employment. For each such PERSON, state: (a) the person's full name, ADDRESS, and telephone number; (b) the person's title or position at AMA (if applicable); (c) the person's relationship to you; and (d) a description of the specific knowledge the person possesses.
SECTION 13.0 — INVESTIGATION AND PROSECUTION OF CLAIMS
FORM INTERROGATORY NO. 13.1:
Have YOU or anyone acting on YOUR behalf conducted any investigation or inquiry into the facts, claims, or defenses at issue in this action? If so, for each such investigation or inquiry, state: (a) the nature and scope of the investigation; (b) the date(s) on which it was conducted; (c) the name and ADDRESS of each person who conducted or participated in the investigation; (d) the identity and description of each DOCUMENT, report, memorandum, or other writing generated as a result of the investigation; and (e) the current location and custodian of each such document.
FORM INTERROGATORY NO. 13.2:
State the date on which YOU first contacted or consulted an attorney regarding the claims asserted in this action or any potential claims arising from the same or substantially similar facts. For each attorney or law firm contacted or consulted, state: (a) the name and ADDRESS of the attorney or law firm; (b) the date of the initial contact or consultation; (c) the circumstances that led you to seek legal representation, including the specific events or concerns that prompted the consultation; and (d) whether the attorney or law firm agreed to represent you (and if so, the date of the engagement).
SECTION 14.0 — DAMAGES CONTENTIONS
FORM INTERROGATORY NO. 14.1:
Do you contend that any PERSON, other than you and DEFENDANT AMA, contributed to or is responsible for any of the injuries, damages, or losses you claim in this action? If so, for each such PERSON, state: (a) the person's full name and ADDRESS; (b) the basis for your contention that the person contributed to or is responsible for your claimed injuries or damages; (c) a description of the specific acts or omissions of the person that you contend caused or contributed to your damages; and (d) the identity of all DOCUMENTS supporting your contention.
FORM INTERROGATORY NO. 14.2:
State the total amount of damages claimed by YOU individually (as distinguished from any class-wide or representative damages) as a result of the INCIDENT, broken down by each of the following categories, with a specific dollar amount or computation for each:
(a) Unpaid meal period premiums under California Labor Code section 226.7;
(b) Unpaid rest period premiums under California Labor Code section 226.7;
(c) Unpaid overtime wages under California Labor Code sections 510 and 1194;
(d) Unpaid minimum wages under California Labor Code sections 1194, 1197, and 1197.1;
(e) Wage statement penalties under California Labor Code section 226;
(f) Waiting time penalties under California Labor Code sections 201 through 203;
(g) PAGA civil penalties under California Labor Code sections 2698 through 2699.8;
(h) Interest, whether statutory or otherwise;
(i) Attorneys' fees and costs; and
(j) Any other category of damages not identified above.
For each category, state the factual basis for the claimed amount, the computation or methodology used to arrive at the amount, and the identity of all DOCUMENTS that support the claim.
SECTION 15.0 — CONTRACT (EMPLOYMENT AGREEMENT)
FORM INTERROGATORY NO. 15.1:
Identify each and every agreement, whether written, oral, or implied by conduct, between YOU and AMA relating to YOUR employment, including but not limited to any offer letter, employment agreement, compensation agreement, arbitration agreement, dispute resolution agreement, confidentiality or non-disclosure agreement, non-competition agreement, non-solicitation agreement, severance agreement, separation agreement, or acknowledgment of receipt of policies (including the AMA Employee Handbook). For each such agreement, state: (a) the date of the agreement; (b) the names of the parties to the agreement; (c) whether the agreement is written, oral, or implied; (d) a description of the subject matter and material terms of the agreement; (e) the identity of all PERSONS with knowledge of the agreement; and (f) the current location and custodian of any written agreement or documentation thereof. If you contend that any such agreement has been breached, modified, or is unenforceable, state the basis for that contention.
SECTION 16.0 — DENIAL OF MATERIAL ALLEGATION
FORM INTERROGATORY NO. 16.1:
Do you contend that AMA's written meal period and rest period policies, as set forth in the AMA Employee Handbook (revised March 2021), did not comply with the requirements of California law, including California Labor Code sections 226.7 and 512 and the applicable Industrial Welfare Commission Wage Orders? If so, for each specific policy provision that you contend is non-compliant: (a) identify the specific provision of the AMA Employee Handbook (by section number, title, or page reference) that you contend is non-compliant; (b) identify the specific provision of the California Labor Code, Wage Order, or other legal authority that you contend the policy violates; (c) explain the basis for your contention that the policy is non-compliant; and (d) identify all DOCUMENTS and PERSONS who support your contention.
FORM INTERROGATORY NO. 16.2:
Do you contend that AMA failed to provide you with a copy of the AMA Employee Handbook or any written meal period or rest period policy at any time during your employment? If so: (a) state when you contend AMA was required to provide the handbook or policy; (b) describe the circumstances under which you contend AMA failed to provide it; (c) state whether you received any training or instruction regarding meal period or rest period policies during your employment, and if so, describe the training or instruction, including the date, location, and person(s) who provided it; and (d) identify all DOCUMENTS and PERSONS who support your contention.
SECTION 17.0 — RESPONSES TO AFFIRMATIVE DEFENSES
FORM INTERROGATORY NO. 17.1:
Is YOUR response to each of the affirmative defenses set forth in DEFENDANT AMA's Answer to the Complaint, filed on February 17, 2023, that you deny each and every one of them? If YOUR response is not a blanket denial of all affirmative defenses, then for each affirmative defense that you do not deny in its entirety, state: (a) the number and title of the affirmative defense; (b) all facts upon which you base your response to that affirmative defense; (c) the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) the identity of all DOCUMENTS that support your response. DEFENDANT's Answer asserts the following affirmative defenses, among others: (1) failure to state a cause of action; (2) compliance with applicable law; (3) statute of limitations; (4) waiver; (5) estoppel; (6) laches; (7) unclean hands; (8) failure to mitigate; (9) consent; (10) individual issues predominate; (11) lack of typicality; (12) lack of adequacy; and (13) de minimis doctrine.
SECTION 20.0 — HOW THE INCIDENT OCCURRED (ADAPTED FOR EMPLOYMENT CLAIMS)
FORM INTERROGATORY NO. 20.1:
State all facts upon which you base your contention that AMA failed to provide you with compliant meal periods during your employment with AMA. For each instance of an alleged meal period violation, state: (a) the approximate date of the violation; (b) the facility at which you were working at the time of the alleged violation; (c) the show, program, or production unit to which you were assigned at the time; (d) the name and title of your direct supervisor at the time; (e) the scheduled length of your shift on the date of the alleged violation; (f) whether you received any meal period on that date, and if so, the approximate time the meal period began and ended and the total duration of the meal period; (g) the reason(s) the meal period was missed, shortened, interrupted, or otherwise non-compliant, including whether work demands, supervisor instructions, or other factors prevented you from taking a full, uninterrupted, duty-free meal period; (h) whether you reported the missed or shortened meal period to any supervisor, manager, or human resources representative, and if so, the name of the person to whom you reported, the date of the report, and any response you received; and (i) the identity of all DOCUMENTS and PERSONS who have knowledge of the alleged violation.
FORM INTERROGATORY NO. 20.2:
State all facts upon which you base your contention that AMA failed to provide you with compliant rest periods during your employment with AMA. For each instance of an alleged rest period violation, provide the same detail as requested in Form Interrogatory No. 20.1, adapted to the rest period context, including: (a) the approximate date; (b) the facility at which you were working; (c) the show or production unit to which you were assigned; (d) the name of your supervisor; (e) the scheduled length of your shift; (f) whether you received any rest period, and if so, the approximate duration and circumstances; (g) the reason(s) the rest period was missed, shortened, or otherwise non-compliant; (h) whether you reported the issue to any supervisor, manager, or human resources representative; and (i) the identity of all DOCUMENTS and PERSONS who have knowledge of the alleged violation.
FORM INTERROGATORY NO. 20.3:
State all facts upon which you base your contention that you performed off-the-clock work for AMA. For each instance of alleged off-the-clock work, state: (a) the approximate date; (b) the nature of the work performed during the off-the-clock period (e.g., pre-shift setup, post-shift cleanup, answering emails, phone calls, or other tasks); (c) the approximate duration of the off-the-clock work; (d) whether the off-the-clock work was performed before or after your scheduled shift, or during a meal or rest period; (e) the name and title of the supervisor who directed, authorized, requested, or was aware of the off-the-clock work; (f) whether you reported the off-the-clock work to any supervisor, manager, or human resources representative, and if so, the name of the person, the date of the report, and any response received; (g) whether you recorded or attempted to record the off-the-clock work in the NovaPay Solutions "TimeTrack Pro" timekeeping system or any other timekeeping system, and if not, the reason(s) why; and (h) the identity of all DOCUMENTS and PERSONS who have knowledge of the alleged off-the-clock work.
FORM INTERROGATORY NO. 20.4:
Were you at any time during your employment with AMA aware of the NovaPay Solutions "TimeTrack Pro" timekeeping system's "Missed Meal Attestation" feature? If so, state: (a) when you first became aware of the feature (approximate date); (b) how you learned of the feature (e.g., training, supervisor instruction, coworker, written communication); (c) whether the feature was activated and available for your use at the facility where you were assigned; (d) whether you ever used the feature, and if so, on how many occasions and the approximate dates; and (e) if you did not use the feature, explain the reason(s) why you did not use it. If you were not aware of the feature, so state, and describe what (if any) mechanism or procedure you understood to be available for reporting missed or shortened meal periods.
FORM INTERROGATORY NO. 20.5:
During your employment with AMA, did you ever complain to, or raise concerns with, any supervisor, manager, human resources representative, or other AMA employee about meal period issues, rest period issues, overtime issues, off-the-clock work, wage payment issues, or any other matter relating to the claims asserted in the Complaint? If so, for each complaint or communication, state: (a) the date of the complaint or communication; (b) the name and title of the person to whom you complained or raised the concern; (c) the method of communication (e.g., in-person conversation, email, telephone call, written complaint, or use of a company hotline or reporting system); (d) the substance and specific content of your complaint or concern; (e) any response you received, including the name and title of the person who responded and the substance of the response; and (f) the identity of all DOCUMENTS relating to or memorializing the complaint or communication.
FORM INTERROGATORY NO. 20.6:
During your employment with AMA, did you at any time voluntarily waive, decline, or choose not to take any meal period or rest period to which you were entitled? If so, for each such occasion, state: (a) the approximate date; (b) whether the waiver was made in writing, orally, or by conduct; (c) the circumstances that led you to waive, decline, or not take the meal or rest period (e.g., personal preference, desire to leave work early, workload, supervisor request); (d) whether the waiver was documented in any timekeeping record, meal period waiver form, or other DOCUMENT; and (e) whether any supervisor, manager, or other AMA employee was aware that you waived, declined, or did not take the meal or rest period, and if so, the name and title of that person.
VERIFICATION
I, Marisol Fuentes, declare under penalty of perjury under the laws of the State of California that I have read the foregoing responses to Defendant Aurelius Media Americas Inc.'s First Set of Form Interrogatories and know the contents thereof. The responses are true and correct to the best of my knowledge, information, and belief. I further declare that I have made a diligent search and reasonable inquiry to ascertain all information responsive to each interrogatory and that the information contained in these responses is true and complete to the best of my knowledge and belief.
Executed on ____, 2023, at Los Angeles, California.
________________________________________
Marisol Fuentes
Dated: February 24, 2023
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7238 Facsimile: (213) 555-7239
Email: darcher@calderwoodharkness.com
Attorneys for Defendant Aurelius Media Americas Inc.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 4200, Los Angeles, California 90017.
On February 24, 2023, I served the foregoing document described as:
DEFENDANT AURELIUS MEDIA AMERICAS INC.'S FIRST SET OF FORM INTERROGATORIES TO PLAINTIFF MARISOL FUENTES
on the interested parties in this action by transmitting a true and correct copy via electronic mail to the email addresses set forth below, pursuant to California Code of Civil Procedure section 1010.6 and the agreement of the parties to accept service by electronic means:
Marco Castellano, Esq. Diane Salas, Esq. Trevor Kim, Esq. Castellano Byrne & Salas LLP 11755 Wilshire Boulevard, Suite 900 Los Angeles, California 90025
Email: mcastellano@cbsemploymentlaw.com
Email: dsalas@cbsemploymentlaw.com
Email: tkim@cbsemploymentlaw.com
Attorneys for Plaintiff Marisol Fuentes
Sandra Higuera, Esq. Veltrano Employment Law Group PC 350 South Grand Avenue, Suite 2800 Los Angeles, California 90071
Email: shiguera@ridgemontlaw.com
PAGA Co-Counsel for Plaintiff Marisol Fuentes
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 24, 2023, at Los Angeles, California.
________________________________________
Brynn T. Calloway Paralegal, Calderwood & Harkness LLP
Propounding Party: | Defendant Aurelius Media Americas Inc. ("AMA")
Responding Party: | Plaintiff Marisol Fuentes
Set Number: | One

SUPERIOR COURT OF THE STATE OF CALIFORNIA

PRELIMINARY INSTRUCTIONS AND DEFINITIONS

FORM INTERROGATORIES

FORM INTERROGATORY NO. 1.1:

FORM INTERROGATORY NO. 2.1:

FORM INTERROGATORY NO. 2.2:

FORM INTERROGATORY NO. 2.3:

FORM INTERROGATORY NO. 2.5:

FORM INTERROGATORY NO. 2.6:

FORM INTERROGATORY NO. 4.1:

FORM INTERROGATORY NO. 4.2:

FORM INTERROGATORY NO. 6.1:

FORM INTERROGATORY NO. 6.2:

FORM INTERROGATORY NO. 8.1:

FORM INTERROGATORY NO. 8.2:

FORM INTERROGATORY NO. 8.3:

FORM INTERROGATORY NO. 8.4:

FORM INTERROGATORY NO. 9.1:

FORM INTERROGATORY NO. 9.2:

FORM INTERROGATORY NO. 10.1:

FORM INTERROGATORY NO. 12.1:

FORM INTERROGATORY NO. 12.2:

FORM INTERROGATORY NO. 12.3:

FORM INTERROGATORY NO. 13.1:

FORM INTERROGATORY NO. 13.2:

FORM INTERROGATORY NO. 14.1:

FORM INTERROGATORY NO. 14.2:

FORM INTERROGATORY NO. 15.1:

FORM INTERROGATORY NO. 16.1:

FORM INTERROGATORY NO. 16.2:

FORM INTERROGATORY NO. 17.1:

FORM INTERROGATORY NO. 20.1:

FORM INTERROGATORY NO. 20.2:

FORM INTERROGATORY NO. 20.3:

FORM INTERROGATORY NO. 20.4:

FORM INTERROGATORY NO. 20.5:

FORM INTERROGATORY NO. 20.6:

VERIFICATION

CALDERWOOD & HARKNESS LLP

CALDERWOOD & HARKNESS LLP

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

Record

Parties

Dates

Amounts