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1 JEFFREY W. COWAN, ESQ., SBN rsT47i


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The CowanLaw Firm


1541Ocean,A.venue,
Suite200
SantaMonica,California 90401
Tel: (310)394-1420
Fax:(310)394-1430
Email: jeffrey@cowan-law.com

.V

..?H{Fffi'fffiHJ{.J[4 0 prnp

Attorneysfor Plaintiff Lucy Messerschmidt,


on behalfof herselfandotherssimilarlysituated

ORSHANSKY & YEREMIAN LLP


AnthonyJ. Orshansky,
Cal.BarNo. 199364
anthony@oyllp.com
8 DavidH. Yeremian.Cal.Bar No.226337
JustinKachadoorian,
9 justin@oyllp.com Cal.Bar No. 260356
16133VenturaBoulevard,Suite1245
10
Encino,California9| 436
(818)205-1212
1 1 Telephone:
Facsimile:
(818)205-1616
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Attorneysfor lPlaintiff DAVE S. PERRY,
1 3 on behalfof himselfandotherssimilarlysituated
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Fi i . $

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SUPERIO]RCOURT OF THE STATE OF CALIF'OR}IIA


COUNTY OF LOS AI\GELES

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Lucy Messerschmidt,
individually and on
behalf of all others similarly sitirated,
Plaintiff,
VS.

$! flgnertV CorporationdbaTrumpNational
Golf Club andDOES1 through10e
Defendants

DavePerryr,individually and on behalf of all


otherssimilarly situated,
Plaintiff,
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vs.
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!$ PrgnertyCorp.,a DelawareCorporation
26 doingbusinessasTRUMP NATIONAL GOLF
CLUB; MICHAEL VANDERGOESand
27 DOES2 to 50,inclusive
Defendants
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CASE NO. BC 403 i087


(Action filed on December2,2008:
consolidatedwith CaseNo. BC 40}g9g:
Assignedto Hon. Mark V. Mooney)
Plaintiffs Lucy Messerschmidt's and
Dave Perry's Joint Notirceof Motion
and Motion for Class Certification;
Memorandum of Points and
Authorities in Supp,ortT'hereof;
Declarations of Plairntiffs Dave Perrv
and Lucy Messerschmidrtand,Z4
lWitnessesand Plaintiffs, Counsel
ir\nthony J. Orshansky andJeffrey W.
Cowan
fProposedOrder subrnittedseparately]
Date: November 13,2012
Time: 1:30p.m.
Dept.: 68

Plamtttt's'JointNoticeof Motion andMotion for ClassCerfificatibn;Memo of Pointsand/\ut1;rities; Declarutioosoi


Plaintiffs, Witnesses and Anthony Orshansky and Jeffrey W. Cowan

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TO DEFENDANTVH PROPERTY CORP.AND JTSATTORIIEYS OF RIECORD:


l
yOU ARE HEREBY NOTIFIED THAT Oi{ November13,2012at 1:30p.m.or assoon

thereafteras the mattermay be heard,in Department$8 of the above-entitledcor.rrtlocatedat 1i 1 N.


I
Lucy Messerschmidtand Dave
(213)
974'i5707;Plaintiffs
Californiag00I2;
Angeles,
Los
Hill Street,
S. perry will and hereby do (ointly and severally)m-dvethis Court for an order:
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Golf
Certifyingthis actionagainstDefenda{tVH PropertyCo4r.dbailrumpNal.ional

Club(..Trump")asa classactionon behalfof all perspnswho areemployedor wereempbyedby


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hourlyemployees
TrumpbetweenDecember2,2004 andthepresent("plars Period")asnonexempt
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(,,ClassMembers") or, in the alternative,a classof al! non"xe*pt hourly employeeswho areolrwere

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period
Services/Valet,
Outside
departments:
fo[to*ing
the
in
by TrumpduringtheClass
1 2 employed
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andSecurity'
Frontof the Hfuse,Deli, Sales,Golf, Banquets'
hostesses,
Kitchen,Food& Beverage,

3.

Certifying Plaintiffs Lucy Messers.hr{,idtand Dave S. Peny (collectively,"Plaintiffs")

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and
as ClassRepresentatives;

4.

Law Firm
& YeremianLLP andThe Cowan.
CertifyingPlaintiffs'lawyersOrshansi<V
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1 8 as ClassCounsel;
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of points and authorities,Plaintiffs

As set forth in further detail in the attached

in
maketheir motion pursuantto C.C.p. $382 and CRCIRule3.764 on the groundsthat members.hip
the classis ascertainable;that a community of intere$texistswithin the class;and that a common
questions;
nucleusof facts and common questionsof law in thelclasspredominateover initividual
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plaintiffs' claims are typical of claims within the clabs;and Plaintiffs and their counselwill

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plaintiffs basetheir motion on this Notice of ,Motion and Motion, the attachedMemorandum
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Stacia
of points and Authorities, the declarationsof Charle$West, Hayley Strozier, Kevin Hooker,
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Solis,SueKwiatkowski,TanujaKhatri, CynthiaReles,DamionLiu, Gail Doner,kvin Aiberto-

.Nlvarez,JessicaLesure,John Marlo, JoseDetres,L$ea Sarmiento-Guiterrez,MaralBolsajian,

Mariana Sanchez,Matthew Lostritto, Andrew Plum{eV,Dwayne McDowell, JamesonMorris, Jason


A

Eidet,Neil Iacono,Timothy Thatcher,CarlaGonzalfiz,Lucy Messerschmidt,


andDavePerry,the

declarations
of Plaintiffs' lawyersAnthonyJ. Orsha{rsky
andJeffreyW. Cowanandexhibitsattached

thereto;Plaintiffs' ProposedNotice; Plaintiffs' eropfsed Order, the completefile in this action,and


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suchfuither evidencethat may be presentedat the hfaring of the motion.

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DATED:JuIy20,2012

IIANSI(Y & YERXMIAN LLP

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By

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hony i Orshansky
for Plaintiff Dave S. Perry and the
Class

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DATED:Iuly 20,2012

COWAN LAW F'IRM

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for Plaintiff Lucy Messerschmidtand


ProposedClass

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BLE
I.

STATEMEI{T
oF FACTSAND suMMARi,or. ARGUMENT...........

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il.

cLASS
cEnrrFrcATroN
srANDARDs....f
.

III.

THE COURTSHOULDCERTIFYTHE CT{SS BECAUSEALL

A.

B.

C.

D.

............5
FACTORSEXIST...........6

E.

10

F.

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................1

l. CommonQuestionsre Not providing Meal B

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Common Questions re; Trump s Written

'yrnentPolicies.

.....12

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commonQuestions
Arisere; theprohibifionof affsiteMearperiods..............................13

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Common Questions re; Wether Trump "\elieveiil" Class Members to


TakeMeal Brealu...

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CommonQuestionsre: DiscouragingMeA,tperiads..............

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Common Questions re; Short, Interrupted

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vt.

CommonQuestionsre;TimeRecordsof fu\eatpetiods.

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vii.
vu. Common
LommonVuestrcns
re; I,'ailure
Failure to pay thepremium
Questionsre:
thel{remit)mWage

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........,........20
...........20

2' CommonQuestionsof Law and Fact Predomi{ateregarding


Trump's Failureto provideRest

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B r e aks'
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commonQuestions
Arisere; Tiumpbr4rritlen
poricy.
Rest-Break

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...................21

ii.

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CommonQuestionsre: Wether -I rump Au(ho
r izeil or P ermitted Rest Breal<s.
.................22

iii.

common QuestionsArise re; short, Interrtlrted RbstBrear<s

.........24

25

iv.

CommonQuestionsre: DiscouragingRest'tprealrs

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v.

CommonQuestionsre.-Failure of to pay tfie prernium Wage

......24
........24

2 7 IV. DERIVATIVECLAIMS FORPAYSTUBAND WAITING-TIME


PENALTIES.............,.
...,..24
2 8 V. C O N C L U S I O N . . . . . . . . . .
......25
:
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Cases

Aguiar v. Cintas Corp., No 2 (2006) 144 Cal.App.

/l

B.W.l. CustomKitchenv. Owens-Illinois,Inc. (19g7

Brinker RestaurantCorp. v. Super.Ct. (2012) 53 Ca. 4th 1004

Bufil v. Dollar Financial Group, Inc. (200g) 162

Cicairosv. SummitLogistics, Inc. e}A\

Ciry of San Diego v. Haas (Jvn.29,2012)2012WL

Ciry of SanJosev. ,superiorCourt (1974) 12 Cal.3d

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App.ath1193.........

C l a s s e n v.
We l l e(1
r 9 8 3 )1 4 5C a l .A pp.3d27

l. .......
"""'
|
Gentryv.Super.Ct.(2008)42 Cal.4th443............ .,.. .,.
f
Ghazaryan
v. DivaLimousine,
Lrd.(2009)169Cal.A[p.ath$24

LaSalav.American
Savings
& LoanAss'n(lg7l) 5 Qal.3d864 .. ....
1 4 Linderv. ThrifryOit Co.(2000)23 Cat.4th42g.........1..........1......,.
I

i5

Lockheed
MartinCorp.v. SuperiorCourt(2003)29f;al. th 1096.........

l6

McGhee
v. Bankof America(t976)60 Cal.App
3d 412

Millervv.. II4/oods
4 /o o d(1
s 9 8 3 148
(1983)
)1 4 8C
Cal.App.3d
a l .A p p.3d
862...
862...
lwrc,
t
1 8 lMurphyv. KennethCote(2007)40 Cat.4th1094
10

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l
I
Princev. CLSTransportation,
Inc.(2004)I l g Cal.A{p.4thn320
I

2 0 R e y evs.Bo a rdo f S u p e rvi so(1


rs9 9 7 )196Cal.App.3d1ne\,i.................
2 1 Ricaldaiv. u.s. Investigations
services,
LLC (c.D. cil. 20tT 2012wL 1900660
22 Richmondv.
DartIndustries,
Inc.(lggl)2gCal.3d atl+12.....1......;......
I
z)
Rose
v. Cityof Hayward(198t) 126Cat.App.3d926I
I
.,,^
Vosquezv.
Superior
Court(1981)4 Cal.3dS00.......
.]
L-

25

lTal-MartStores,
Inc.v. Dukes(2011)-U.S.-, 13fiS.Ct.Z54t.........

26

Statutes

2 7 Codeof CivilProcediure
g 382......
28

21.22

133 Cal.

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oassim

"""""""""'6,7
.........g
............,.......5
............5
g. tz
..........5.
..........g
..................8
...............6
...............6
...t1,25
.....................6
..........6
.........11
5,7,9,70
..................6,7
....................9
....9,t0

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i .......i..........

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LaborCodeg 226

LaborCodeg 226.7

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LaborCodeg 512

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I
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TEMENT

CTS AND

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"I rarely stop


Donald Trump, The Art of the Deal,

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Twenty-five yearsago, developerDonald T

adrhitt{d that he placesliule valueon taking

timeto eatduringthe work day. Mr. Trumpnot onlylstated


lthi, on thefirstpage of his

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best"- ledto a cultrueat the TrumpNationalGotf C{uU,o*{r.a fnd operutedby Defendant


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PropertyCorporation("Trump"), in RanchoPalosV

thht flbuted
flbu California's law requiringmeal

1 5 andrestbreaks.SinceTrumpboughtthepublicgotf
Trumpdiscouraged,
intimidated,
or
ituU in 200,0
1 6 outrightforbadeits hundredsof non-exemptemplo
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10 minuterest breaksthat Califomia law requires

i en;byrngthe 30 minutemealperiodsor
ing to s(ttled law and the California

1 8 Supreme
Court'srecentdecisionin BrinkerRestaurd,tt
C-A. ,. $uprr.Ct. (2012)53 Cal.4th1004.
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law's requirementsabout meal and rest breaks. But

ies were a sham;just inert wordson

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1 resources.2
Nor did any of thesepersons- or the depfrtmenihe{dvmanagersundertheir supervision
J

2 - receiveanyregularHR trainingbeyondseminars(tJ,picallftwf hours)thatthecompany's


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"
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insurance
brokerprovided3-4 times ayear.' TestimlnyfrolrrthNsepersons- aswell asmultiple
formeremployees(andPlaintiff DavePerry)*no co$ptainld to managernent
aboutnot gettingmeal
t ^

I
or rest breaks- confltrmsthat the general managersa)d Un fepQrtmenl did not know the law about

meal and rest breaks.a

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Similarly,in2006 or 2007Trump stoppedusi

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employmentlaw advice. Instead,it relied on New Y rk la

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while it had a California lawyer "on call," Trump di

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lawyerunlessit was an emergency. Otherwise,

tifofnia lawyer for its "on call"


at the Trump Organization.tPlus,
itd HR departmentfrom usingthis

1 6 legaladvice.[Sperandeo
Depo.,pp. 100:13-103:8;
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As a result,llrump's "human resourcesdepart ent" (and the generalmanagersthat relied on


it) had- at best- a flawed misunderstandineof the la . Th4Vth[ught that becauseTrump (l) kept

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Tom Sperandeo,
the controller and director of HR at Trump ({nd also in th{ pre-Trump era when the public golf club
was the OceanTrails Golf Club) testified that he studied"Humair ResourJces"
as part of his businessmajor at Georgia
SouthemUniversify,but could not any identi! subjectmatterscpveredlther fhan "collective bargaining,like unionsand
stuff like that." He also testified to taking no stepson his own tf teep uf witfr employmentlaw topics (e.g.,taking
courseson his own, joining a professionalorganizationfor HR pfofessio{als,pr reading HR joumals) while he putatively
was in chargeof HR issueslike wage and hour complianceat T$mp. A$d altfroughMr. Sperandeotestifiedto getting
trainingin civil rights law while serving in the CoastGuard Res{rves,th$ onllf kind of unlawful harassmenthe was able
to identify was sexualharassment.See SperandeoDepo.,Vp 19:11-22:7;25:5-28:15;42:9-43:15; 49:16-22;50.6-24.
3
SeeSperandeo
Depo.,p. 56:l l-25; vander GoesDepo.4l :2tl+2:t; Cgnforfi Depo. 5'7:22-59:16In addition,before
2007 Mr. Sperandoattendedon an annualor bi-annuala day-lon! presenfatiorfthat Trump's initial Califomia lawyer Paul
Fleckpresented.SperandeoDepo p. 98:3-23.
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By skimpingthisway,Trumpdeviatedfrom its president's
corjephilosdphy]
articulate
d 25 yearsago: "l havea very
peopte
yor[
simple
rule
when
it
comes
to
management:
hire
pay
the
best
conlpetitors,
themmorethantheywere
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fqo*

andgivethembonusesandincentives
earning,
basedon theirR.{to*un.p. Tirat'show you builda first-class
operation."
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Sperandeo
Depo.,pp, 58:I -60;I ; seealsoEx. N to theCowanpecl.

2 8 Art of theDeal,pp. 146-147(emphasis


added).

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?qm-pnrrinJTederaii-ons

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workerson theclock (paid)from theirshifts,stardtofinish (gperandeo
Depo

135:17-136:16,
lits
2 I 146tg-t2),and
(2) providedfreefood (of varyingou{,n, arldliilritedquantities),
Trumphadno duty
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to giveits employees
30 minutesfor mealbreakro. io min{rtesfor restbreal<s.Nor wastherean
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understandingthat meal breaks had to begin within fl.lrenoJrs oban employee
starting work.

Along with this misinformation,thereexistediatTrulnp d relentlesspressure provide


to
a
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"world class"atmospherethat lived up to the brandtirat DorfraldTrump tries to attach
to his name.

And like manybusinesses,


Trumpobsessed
aboutte{nine its efpensesaslow aspossible.
This
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meant,amongotherthings,not scheduling
enougheofrnlorebs
irithe restaurants
andkitchenand
outsideservices
departments
so thatemployees
{ co-Iworkercoverfor themwhenit was
"oulajhave
I

1 0 time for a break. [It also apparently meant not hiringlan HR dirdctor who had proper
qualifications.]
li
tne resultwasa culturein whichemployees wdrke{ at Trunrpwereeitherprohibited
or
tho
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t 2 ait.o*us.d/intimidatedfrom takingmealor restbre{ks. Trpmf's managers
constantly
deniedbreak
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because
theclub wastoo "busy"at thattimel Oneil.",]o from a generalmanager
(Ex.6, p.
lreQuests
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1 4 3) exnressly
statedthatcustomers
camefirst, aheadof their
$."ukr. And managerJoelKim retaliated
f
l 5 againstvaletswho askedfor a breakwith "hardduty"lassignments
thatinvolvedmoreworkand
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or schediuling
suchoffendersto work at iriconvelpient
andlessdesirable
ldiscomfort,
times.
At best,breakswereallowedon anadftoc baslis
- but alvJaysfor /essthanthelegallyrequired
1 8 10minutesfor a restbreakand30 minutesfor a meal
did receive
fUr.ut. Wil.n employees
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to go the bathroom,eator smokeu cigar"tie,theinesdage
wasalwaysthe same:.,Hurryup
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20 andgetbackto work asquicklyasyou can." Managelseven]int{mrptedemployees


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who

wereeating
2 1 (withfoodon theirplates)or on a restbreakandsentjhemb{ck tb work
beforetheir30 or l0 minutes
22 wereup - and withoutevenaskingtf the employees
lrla ,"r/iu"d their fult break
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It is hardlysurprisingto learnthat beforethis l[wsuit [vasfiled, Trumphadno systemand

neverconductedan auditto ensurethat its employees


gdftingtheir breaks(or a fair opportunity
1,,""."
25 to takethem).[Sperandeo
Depo159:1I -161:t f ; ami4i Depo i2b:6-t2t:21,IZ7:t9-t2g:24.]
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Unlike many wage and hour cases,thereshoulf U" titil" rr{eaningfuldisputeabout


thesefacts.

27 Aside from the 20+ current and former employeedecl{rationsthat accompanythis motion
, many
28 former manogersof Trump have testifiedhow tlr"y orl other manhrnrc Orr"ouraged

or intimidated

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iGmir"fmgAT-;Supporfing-Declarati-ons

Hooker,Chuck West, and Haley Stroziertell a co

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testimonyof the Plaintiffs, the other non-exempt

A
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ling s]toryt Their testimony corroborateSthe


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loyeesl Mr. Sperandeo and manager JoellKim.

Thesefacts compel a finding that this lawsuit

class certi,hcationon these"brehk,'

issues- on which I"rump bearsthe burdenof proofpt kall as to meal breal<s)


becauseit hdsno

recordsshowing that its employees "clocked out"for theirlmell breaks. Each of the well-known

I
factorsthatthe court is to considerregardingcertific{tionrnlilita[es
in favorof certification.6

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Thereis numerosity(hundredsof aggrievedc

t dnd former ernployees,whosenunibers

and identitiesalreadyhave beenascertainedfrom T

p's r$cords).Commonissuesof factat'rdlaw

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loyefswdrealwayspushedto keeptheitr

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breaksas short as possible)exist and predominate

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treatmentfrom the same managers,which in tum

froin thb samecorporatecultureandthe

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sameincorrectbelief that employeesdid not have to

ve 30 minute meal breaksif they were

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beingpaidfor thetime they spenteating.Similarly,t

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andDavePerry'sclaims(andtestimony)aboutbeing nied their meal and rest breaksare conbistent

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with the testimonyof all the other employees(and

1 7 employeeswere always told to keep them asshorras


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al]lof ltheseernployeessufferedthe bame

h ^

icali!lly eXrsts: Plaintitl'sLucy Messerschmidt

gers)abSuthow breakswere discourasedand


tDle.

Importantly,the California SupremeCourt,s d ision in Brinker confirms that certificationis


appropriate.Trump no doubt will opposethis motion ith a ltacft of declarationsfrom its
current

20 employees(most of whom surely had concernsabout eepin$thlir jobs, asis the casewith
mosr
2l

currentemployeesand given the threats that some Tt

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about talking about this lawsuil) and will argue that

aa

becauseit requires individualized determinations. B

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emplolpes r eceived fr om their manaigers


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contfrct !n evidenceprecludescommornality
h

Brinker mhde clear thal to the extent issuesof

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.'*.@ggrievedcurrentandformer[.ptoyeps'dhosenumbersandidentitiesa|readyhave
beenascertained
from Trump's records). Common issuesof factlandlaw (marlagersand employeesalike havetestified
how employeeswere always pushedto keep their breaksas shortlaspossi$le)dxist and predominate
becauseall of these
employeessufferedthe sametreatmentfrom the samemanage.s,f*hictt in turn flowed from the same
corporateculture
and the sameincorrectbelief that employeesdid not haveto .er"iue 30 minute meal breaksif they were
beingpaid for the
time they spenteating. Similarly, typicality exists: Plaintiffs Lu{y v"rrefr.tr|oiJt -a
trrry,s claims(and
testimony)aboutbeing deniedtheir meal and rest breaksare conslstentwiitr thd testimony
""".of all the other employees(and
managers)abouthow breakswere discouragedand employeesw{re always told to keep them as short as possible.

commonalityoverlapwith the merits to be adiu

find in favor of certification. Brinker, supra, at 1023

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For thesereasonsand more (infra),Plaintiffs

at trifl,

SuperiorCourtinvariablyshould

fucy $"ssbrschmidt and Dave perry

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II.

CLASSCER.TIFICATION STANDARDS

"[T]his statehas a public policy which enco

^tcnrnuna
Richmondv.
v. Dart
t)Qr[ Industries,
lnausrrrcs,Inc.
tnc. (1981)29
Cal.3datl4
atl4T.
/ 3.
\ly6 I ) ly ual.Jcl

thleusbof the classactiondevice."

When consideringwhether to certifr a lawsuitlasa clhssdction, the Court shouldfocuson


I

1 0 whetherthe asserted,
theory of recoveryis amenablet$ class[r"aiment. Ghazaryanv. Diva

I
Limousine,Ltd. (2009) 169 Cal.App.4th I 524, lS3r.
ffne Cdurt bhouldnot inquire inro the legal
1 2 sufficiencyof the complaint's claims. See,e.g.,BrfnAgr,,ulyo, At 1OZZ(,.Aclasscertification
I
l 3 motion is not a licensefor a free-floatinginquiry into
[he vatiOityiofthe complaint'sallegations;

ll

1 4 rather,resolutionof disputesover the merits of a case

lgen..afilynhustbe postponeduntil afterclass

)t\
narfifinati^l^^. L^^*
l^^:,1^l
1 5 certification
has
beendecided.").

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Typically, courts decidecertificarionby


' analy{ing
- t " thd plebdingsand the plaintiffs, supporting

1 1
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declarations,
with an.ydoubtresolvedin favorof certifcafiofl. Rlychmond,
supra,29 Cal.3d,
at 473,
1 8 478. Thecomplaint'sallegationsareassumed
to be .[o.., fbr cortificationpurposes.LaSalav.
1 9 AmericanSavings& LoanAss'n (1971)5 Cal.3d864,1
869. Iieca[sethe issueof classcertification
is
20 primarilya questionof law involvingtheapplication a leg4lstdndard
to a setof largelyundisputed
{f
2 l facts,theCourtshouldpresumethat Plaintiffscan^orof.l the
{actstheir cornplaintalleges.
22
Codeof Civil Procedure$ 382 authorizesacl$s actidnwhen"the questionis oneof a
Z)

commonor generalinterest,of manypersons,o, *n"J thepaftiesarenurnerous,andit is

24

impracticableto bring
impracticable
bring them
them all before
before the
the court."
court." To jet
cert!ficaiion,a party:must
party:mustestablish
establishthe
$et certfficaiion,
the

25

existenceof both an ascertainableclass and a well-defined colnmrlrnityof interest among class

26
27
28

-5-

iwemi

California courts have long encouragedclass

ions whon the allegations disclosea

systematiccourseof dealing that affectsall class

bersit'rthd samemanner and has resultedin the

withholdingof moniesin which all classmembers

e an rhterest." Accordingly, lawsuitsfor

A
T

systematicviolations of wage-and-hourlaws are a

priate[y cdrtified as a classaction. See,e.g.,

Prince v. CLS Transportation,Inc. (2004) 118 Cal.A

(andothersin the samegeneralclass)routinely proce

ilI.

Numerosity,
ascertainability,
typicality,adeq

A.

10

.4th 132A,1328.
("[W]ageandhourdisputes
f

as class actlons.")

, suferibrity, anclcommonalityall exist.

Numerosity

Numerositymeansthat the classis sufficientl nume{oussuchthat joi:nderis impracticable.

1 1 SeeC.C.P.$ 382. No setnumberis required.Rose


v. Ciry of Hajtward (1981) t26 Cat.App.3d926,
1 2 34. Here,numerosityis satisfiedbecauseit is imprac cal to bring before this Court all of the
1 a
I J

hundredsof ClassM.embersthat exist in eitherpro

t4

employees
vs.611).e SeeMtller v. Woods(19S3)14 Cal.Afp,3d862,7); Newberg
on Class

defifritiqn (751 curre.ntand former

1 5 Actions,(3rded. 1992)93.05("[A]s few as40 class

ber$shduldraisea presumption
thatjoinder

1 6 is impracticable.");
Rose,supra, 126Cal.App.3dat 9
1 -

B.

18

The ascertainabilityof a proposedclassis a

Ascertainability
le m4tterl which is "determined by

1 9 examiningthe (1) classdefinition; (2) size of the

and (3) mbansavailablefor identifyingclass

20 members."Reyesv. Board of Supervisors(1987) 196 al.Afp.3d1263,1271.


2l
22

The proposedclassis ascertainable.It consi

of all $ersdnsemployed by Trump as

nonexempthourly employeesin California during the


Alternatively,Plaintiffs proposea classconsi ng of {ll pcirsonswho are or were employed

z)
LA

25
26

;"r"r

*,

"rr"-"-rr
"re
unusualin classactions,and common questionson liability u.e ndt overshhdowedby individual damage
issies. B. IZL
CustomKitchenv. Owens-lllinois,Inc. (1987) l9l Cal.App.3dl3l4l, 13541.
8

27

"The only requirementsare that common questionsof law and flct preddminqteand that the classrepresentatives
be
similarly situated." Classenv. l4teller(1983) 145 Cal.App.3d27,J46(intelpralcltationsomitredl).

28

SeeTrump's Responsesto Perry's SpecialInterrogatories,Set ftree, andched]to OrshanskyDecl. as Ex. B.


I

I
I

hourlyemployees
in Califo$ia duringdheClassperiodandwhoworkedin
lby t.ump asnonexempt
I
OutsideSeniices/Valet,
loneor morethefollowingdepartments:
Kitchen,Food& Beverage
Frontof

theHouse,Deli, Sales,Golf Banquets,


andSecuritv.!rfri,afterriative
cla.ss
is limitedto employees
in

departments
of Trump'sorganization
whosefunctionlconsisds
in providingserviceto customers.l0

5
6

Trumpcategorizesits employeesasexemptulranonq""rript." The identityof ClassMembers


I
is readilyascertainable.
Trumpmaintainsrecordsforlall its dmployees
goingbackto thebeginning

of theClassPeriod.l2Thereforethe numberandidenfityof f,lassMemberscanbe determined

througha reviewof Trump'srecords.See Rose,


,uprfi,
' t 126Cal.App.3dat 926.

9
10

C.

Typicalify

A plaintiff s claimis "typical" if it arisesfromlthesalrredracticeor co,urse


of conductthat
I

ll
t2
1 1

IJ

givesrise to the clairnsof the other classmembersan{ if nis br hbr claims are basedon the samelegal
I

theory.Classenv.
I4relkr(1983)145Cal.App.3d27,W7.

Here,Plaintiffs'claimsaboutbreaksaretypic{l of thdsedllegedon be.half


of theproposed

t4

class.DavePerrywasemployedasa valetfrom 2006lto2008, sd,e


PenyDecl.tf 2, andLucy

l5

Messerschmidt
wasemployedasa hostess
from 2006fthrougiledrit 2008. (Messerschmidt
Decl.tl
I
- andaccordinglya memb{rof thbprdposed.
4.) Eachwasnon-exempt

t6
17

Moreover,Plaintiffssufferedthe sameinjurieslinthe bambway asotherClassMembers.


I

1 8 Eachworkedshiftso,verfive hourswithoutbeingpror,liAea
wlth dnintemrpted
30 minutemeal
1 9 periods,andMr. Perryworkedshiftsgreaterthan I On[,r., wi]thor.[t
beingprovidedwith uninterrupted

20
21
22
ZJ
1A

25
26
27
28

%,'Mtocertisclasseswlttrrega}atopariicula[issuesanddividetheclassinto
subclasses.SeeCRC Rule 3.765(b). A motion for certification not an hll-or-nothing proposition;rather,given the
fr
public policy in favor of classactions,the Court should considerpreativehpprqiaches
for bundling claimstogetherfor
effrcientjudicial administration:"If the factual circumstancesun{erlying dlassmembers'claimsdiffer, or if class
membersdisagreeas to the proper theory of liability, the trialjudpe, throu[h use of techniqueslike subclassingor
[other
judicial] intervention,may incorporatethe classdifferencesinto tNrelitigalive p[ocess,anclgive all classmemberstheir
due in decidingwhat is the proper outcomeof the litigation)' Ria.hmond,
iuprd,29 Cal.3dat473; Aguiarv. CintasCorp.,
No 2 (2006) 144 Cal.App.4th l2l, 135 (reversingtrial court's aerfial of ckisscdrtification where commonality,
ascertainability,
and superioritycould be overcomethroughuse ofsubcladses).
tt
See,e.g.,Employee
Manual (2003 ed.),p. 7 (DLM00053),Ex.lt to van ber GoesTr., which is attachedas Ex. I to
cowan Decl.; EmployeeManual (2006 ed.), p. l0 (DLM000l4), Ex. 2 to lan d]erGoes Tr.
12
SeeSperandeoDepo. Tr. 132:19-134;l8 (Trump retainedhard iopies of time recordsfor nonexempthourly employees
for at leastsevenyears,potentially indefinitely for electoonicrecdrds; vanlder boes Depo. Tr. 133..23-134:13
(same).

-7-

AITupp,orrt@Taralions
I

second
mealperiods.(PenyDecl.$u3-8;Messersc idt Decl.i]lfl7-8.) Neitherwasprovidedwith

paid 1O-minuterest breaksper four hours of work or

were subjectedto the same unlawful policies and

jor fhactlon thereof. (Ibid.) Rather,Plaintiffs


ces abevory other ClassMember.13

A
T

D.

The adequacyrequirement is met by fulfilling two cdndit[ons:


(1) the namedplaintiffsmust

Adequacy

be represented
by counselexperiencedand qualified

namedplaintiff s interestscannot be antagonisticto t

(1976)60Cal.App
.3d442, 450-51.Eachexistshere.

First,Plaintiffs'lawyersspecialize
in employ

conduct the pending litigation; and (2) the


of the class. McGhee v. Bank of America

la1v. They have yearsof experience

1 0 prosecuting
anddefendingclassactions,particularly

mdal ahd rest periods. They havebeen

1l

certifiedas classcounselby courts in dozensofcases

haireachievedsignificantresults,including

t2

multiple seven-figuresettlements.They have meani

1 a
IJ

earnedprofessionaloommendationssuch as AV ratin

l4

SuperLawyers.(Orshansky
Decl.,passim;Cowan

15

r6
1 4

l l

20
2l
22
ZJ
1A

LA

1.1lfll6-24.)

Members,have sufferedthe sameinjuries, allegedt

sameglain[s,and advancedthe sametheories

applicableto other Class Members. Their interests

align{d with the class.:ra

Moreover,sincethe start of this litigation in

cembeir2004 Plaintiffs haveprovedtheir

commitmentto this caseand zealouslyadvocatedon denalfof the class.l5


tt

1.E.,the samecorporateculture that frowned upon and discou lged mdal anldrest breaks,the sameemployee
handbooks,
the samelack of instructionand trainins about
, the samemlsinformation about Califomia law, the
sameretaliationexperiencedby other ClassMembers for exerci ng their rights, the sameprohibitionsand resfrictions
affectingmeal and rest periods,and the sametimekeeping
s. (PerjryDecl.,passim; MesserschmidtDecl.,possim.;
SperandeoDepo.Tr. 135 17-24 (testifying that no ClassMembe clocked out for meal periods before April 2009).1
ra
Indeed,Plaintiffs are ideally suited to serveas class
vesbechuseibothwereexposedto Trump'sunlawful
policiesand practicesover severalyears and both had the
while btill eimployed,to asserttheir rights (andthen

werefiredin retaliation).(PerryDecl.{tl 13, 15,16;

25

and being designatedSouthernCalifornia

Second.Plaintiffs' interestsare co-extensive ith thobeof the class.PlaintiffsareClass

l8
l9

I tria.l and appellate experience. They have

cunent Director of OutsideServices,Joel Kim, referredto Mr.


morale,and a "pillar" of the club. (Kim Depo., Ex. 67.)

idt Dec!.tf 8; PlumleyDecl.][ 7.) IndeedevenTrump's


rry asan exceptionalemployee,goodfor employee

26
''

27
28

Both Plaintiffshave helped counselrespondto multiple


of discovery. Both have submittedto multi-day
depositions,and they have also attendedall or most ofthe other
itiohs taken in this caseso that thev could help their
lawyerscross-examine
witnesses. Plus, Plaintiffs they have bee a continualsourceof information aboutthe policiesand
practicesof Trump, the organizationof the club, the identity of itnesses,the existenceof documents,industrygenerally,
andsoforth.(PerryDecl.lfu 18-21;Messerschmidt
Decl,jJfll3- 6 . )

E.

When consideringclasscertification,the Cou{t shouid determineif a classactionwould be

Supeniority

ii

superiorto other meansfor a fair and efficient adjudi{ation of the claims alleged. If a plaintiffs

A
T

claimscanbeadjudicated
in a singleproceeding
(the{ebysaVingtime,recluci.ng
waste,andlimiting

duplicationof effort), classcertificationis superiortolinaiuidral litigatiora


. Vasquez
v. Superior

C o u r (t 1 9 814) C a l .3 d8 0 0 ,8 1 6 .

7
8
9

Here, all of the factors militate in favor of cl

treatrtrentbecause"there exists the possibility

of repetitious
litigation." Richmond,supra,29Cal. at 469.
An additionalconsiderationis damaees. Wh

1 0 (relatively)small, the class action device is the most

, as lpere,individual damagestend to be
ible method of recoveryfor manv class

1l

members.See,e.g.,LockheedMartin Corp. v. Superi r Coutr(2003)29 Cal. th 1096,1131;Genrry

t2

v.Super.Ct. (2008)42 Cal4th 443,458(observing


t

t a

IJ

may be bettersuitedfor classtreatment). Classacti

t4

partiessuffer injury of insufficient size to warrant ind vidual action and when denial of classrelief

l5

would result in unjust advantageto the wrongdoer."

1 6 often the only effective way to halt and redresssuch


t7

Here,ClassMembers' individual meal and

everlindfividualclaimsashighas$37,000
areniost hdvantageous
"whennumerous

nder sllch circumstancesthe classactionis


Ioitation. Linder, supra, 23 Cal.4that 446.
breakbclaims are too modestto justify the

1 8 costsof individual adiudication. This economicrealit results in a windfall for Trump.


19

Plus,certificationis appropriatewhen, as here substafitialduplication of legal andjudicial

20 resourceswill result if the classis not certified. The c ass-actionrnechanismgives the Court the
2 1 ability to decidea nu.mberof common issuesfor hund
22 Stores,Inc. v. Dukes(2011) -U.S. -,

s of plaintiffs "in one stroke." Vf/al-Mart

l3l S.Ct.254 , 2 5 5 1 .

z)

F.

24

The Court should grant class certification

Comrnonality
questionscommon to erllclassmembers

25 predominate
overquestionsaffectingonly individual

bens.16Importantly, "Individual issuesdo

26

issuest'nay effectively be managed."

notrenderclasscertificationinappropriateso long as

27
28

-9AsfupportjngDAnarations

I
2

Richmond,
suprz,29 Cal.3dat 473.
Centralto this inquiry is the defendant'scondfct towardsthe classmembers. Vasquez,
supra,

a
J

4 CaL3d at 810-8i i. In the employmentcontext,whpre an employer's conductis uniformly directed

at a classof personsthrough centralized.administrati{r,the defendant's professedpolicies createa

classwideimpact satisfying the commonality r"qui."ll.nt

193Cal.App.3dat 421. Thecritical inquiry is "whettlerthe theory of recoveryadvancedby the

proponentsof certifi.cationis, as an analyical matter,


to prove amenableto classtreatment."
fikelV
Brinker RestaurantCorp. v. Super.Ct., supra, at 10211.Thus a common question predominateswhen
I
"determinationof its truth or falsity will resolvean is{ue thai is centralto the validity of eachone of

8
9

fof class certificatio n. Stephens,supra,

l0

the claimsin one stroke." Wal-Mart, supra,255l. Selgalso City of San Diego v. Haas (Jun.29,

ll

*18.
2012)20t2wL 2475876,

t2

Here,Trump has admittedthat it had centralizfd employnirentpoliaies applicableto all Class

1 a
IJ

Members,specificallywith regardto meal periods*{."r,

14

duringthe classperiod.ls Th"se centralized,constant


[olicieb have spawnedtheoriesof recovery

t5

that, if litigatedas a class,would determinethe legalit[ of Trtrmp's wage-and-hourpracticesas to all

breakslT,and that they neverchanged

1 6 ClassMembers"in onestroke."
17
18

l.

CommonQuestionsre Not frfviOinf Meal Brea[.<s


I

Californiaemployeesare entitled to meal peri{ds of a[ least30 minutes beforeexceedingfive

1 9 hoursof work period and, if they work more than 10 tiours inJa day, to a secondmeal periodof at
2 0 least30 minutes.Labor Code $ 5nJ, e lndustrialWelfareColnmission(IV/C) Wage5-2001(ll);
2 1 Brinker,supra,53 Cal.4th at 104LDuring *"ut p"riofs employeesmust be relievedof all work
2 2 duties: "Unlessthe employeeis relieved of all duty drtring a 30 rrninutemeal period,the meal period
aa
ZJ

shallbe consideredan 'on duty' meal period and counfedas time worked. IWC Wage 10-

24
25
zo

27
28

" See,e.g.,ConfotiDepo. Tr. 96:12-18,van der GoesDepo tr.


108:l-20
IOS:t-tal,
rs
ConfortiDepo.Tr. 124:10-17;KimDepo.Tr. 67:5-68:6;Sp.r$a"o Tr. I l2;18-113:5(headof HR testifuingthathe
dischargedhis job dutiesin essentiallythe sameway throughout is employmentfrom 2003/2004to May 2010).
f
'n
Labor code $ 512(a)provides,"An employer may not employ employeefor a work period of more than five hours
!n
per day without providing the employeewith a meal period of noi lessthan 30 minutes...An employermay not employ an
employeefor a work period of more than 10 hours per day withorit providlng tl]reemployeewith a secondmealperiod of
not lessthan 30 minutes." (Emphasisadded).

2001(11XA).For eachmissed/deficient
mealperiod,ianemployermustpay anadditionalhourof

,L

compensation
(knownaspremiumpay). LaborCoOel$226.7.20

a
J

To complywith theselaws,employersmustkpepacouraterecordsshowingwhenthe
I
employeebeginsandendseachwork period. IWC WiageOider lA-200I(7)(t\). Faitare to do so
createsa (rebuttable)presamptionthat mealperiodilwerehot provided. SeeBrinker,supra,7053

n.I (Werdegtr,J., concurring).

i
Recently,the SupremeCourt clarified the stan[ard fdr determiningif an employercomplied

with the law. In Brinker., the court repeatedlyacknoltledgedthat California l6w.,guarantees,,

employeesthe right to a meal period. See,e.g.,ia. atlO+e('i[A] first meal perio dis guaranteedafter

1 0 five hoursof work, while a secondmeal period is reetired only alfter10 hours of work.") (Emphasis
1 l added).This guaranteeputs an affirmative obligationlonemployersto "relieve" employeesof their
I

1 2 job dutiesso thatthey cantakea mealperiod. "Emplfyers nlust afford their employeesunintemrpted
1 a
I J

half-hourperiodsin which they arerelievedof any duly o, erkployercontrol and are freeto comeand

1 4 go astheyplease."Id. at 1037(emphasis
added).

l5

In framing a test to determineif meal periods


"prdvided" under Labor Code $$ 226.7 and
{re
1 6 5 12,the Brinker court rejecteda standardof just makilngmeal breaks"available" in favor of the

t7

"relieve" standard:an employer does not provide a mpal period unlessit actually',relievesits
I

1 8 employees
of all duty" and"relinquishes
controlouer[heit adtivities."Id. at fi4A.
t9

Equallyimportantis the employee's


absolute$eedomto leavethe prernises
duringhis or her

20 mealperiod---otherwise
the employeeis not "at libertj, to usethe rnealperiodfor whateverpurpose
2l

heor shedesires[,]"but insteadremainswithin theerqfloyer'scohtrol. Id. at 1017,1036.And it is

22

this fundamental
prinLciple
that Califomiabreaklaw sdeksto protect: the employees,right to be free

z)

from the employer'scontrol.2l

a^

L-

,*@employershallrequireunyj-ptoy"4toworkduringanymeal'.'period.,,Labor

25
26
27
28

Code$ 226.7(b)states,
"If an employerfailsto provideanemploi,ee
a mealpetiod. . . the employershallpaythe
employee
oneadditionalhourof payat theemployee's
regularraieof compensiltion
for eachwork daythatthe
meal...period
is notprovided."
i
't
SeeqlsoMurphyv. KennethCote(2007)40 Cal.4thl0g4,i to{. "rhe rhealbreakis nor limitedto r}rerighrto eat;
rather,employees
mustbe freeto attendto anypersonalbusinesslthey
ma)tchoosedwing the30-minute
period.,,
Ricaldaiv. u.s. Investigations
services,LLC (c.D. cal 2012)zltz wt I 900660,* L
I

In sum,Brinkerlaid out the followingtest: "[lf]fr. wageorder'smealperiodrequirement


is
I

satisfiedif the employee(1) has at least30 minutesuirintemlfted, (2) isfree to leavethepremises,

and (3) is relievedof alt duty for the entire period."

sltp,ta>at 1040(emphasisadded).
lrinker,
Mindful of the subtle influencesan employetpuy haVeon its employ ees,Brinker alsobarred
I
employersfrom "exerting coercion againstthe takine
crehtingincentivesto forego,or otherwise
lof,
encouragingthe skipping of legally protectedbreaks.'t,Ibid. For example, an employer may not

pressureemployeesfrom taking meal periodsthroughlridiculeor reprimand. Ibid.

A
T

For the following sevenreasons(at least),.oof*on questionsof law and fact predominate
I

aboutwhetherTrumpprovidedClassMemberswith q\ealperiodsasrequiredunderlaw.

10

i.

CommonQuestionsre:lrTrumfu,s
Witten Employmentpolicies.
-

11

First,thelegalityof Trump'swrittenmeal-perilod
poliicyis a commonquestion.The

1 2 handbook
statesthatmealbreaksmay occur"within tfe first {we and one-halfhozzrs
of theirwork
I

1 3 schedule."22Trump admits it gave this manual(or velsionsof it) to all ClassMembersandthat it


1 4 applies
to all of them. (ConfortiDepo.Tr.96:12-18,lOe:s-Z*;126:5-127:2)
lnfact,Trumpadmits
t5

that this written policy was the principal documentthrjoughwhich the company communicatedits

1 6 meal-break
policyto ClassMembers.In thewordsoflformerGeleralManagerDaveConforti,it was
l7

"gospel."(ConfortiDepo.Tr.132:7-14.)23

18

iI

But this written policy is unlawful on its face

it statesthat a meal break may be taken


lecause
1 9 at any time beforethe employeeworksf ve and o hofhours. Cf Brinker.,supra,at1041(meal

2 0 breaksmust be given before exceeding5 hours). Andlthis is how Trump's managers-including


2l

headof HR for most of the classperiod-understood ih. (SperandeoTr. 152:14-19.) In otherwords,

22 Trump's policy authorizeslate meal periods. Althougfr Trurnlpmay disagreewith the legality of this

ZJ

.\^
L-

policy,whetherthe policy is unlawful on its face give{ rise to a common legal question. SeeLinder v
Thrtfty Oil Co. (2000) 23 Cal.4th 429, 439-440,97(ceitification questionis "essentiallya procedural

2 5 onethat doesnot ask whether an action is legally or fa[tually meritorious.")


26
27
28

'2

EmployeeManual (2003 ed.), p. S (DLM00054), Ex. I to van


{er GoesTr., Employee Manual (2006 ed.),p. 13
(DLM000l7), Ex. 2 to van der Goes Tr. Theseare, respectively,lpxhibits 1 & 2 to the Cowan Declaration.
i
23
Indeed,the Employee Handbook was the principal sourcethro{Sh which the managersthernselves-including the
GeneralManagerof the entire club-formed an understandingoflTrump's meal-period legal obligations and allegedly
discharged
thoseobligations.(van der GoesTr. 4l:10-20, 88:8-2,p;113.24-114:4.)

ii.

common QuestionsA)ir, ,r,,the prohibition of offsite Meal periods.

Second,
commonquestionsarisebecause
fruin hasa policyprohibitingClassMembers

a
J

from leavingthe premisesof TrumpNationalGolf Ct[U wittiout telling management.(Conforti

Depo.Tr.,Ex. 30; Sperandeo


Tr. 141:21-142:2,
188:3121.)
ClassMemberswerenevertoldthatthey

hadanabsolute
righ.tto leavethepremisesduringtnelrmealbreaks.(vander GoesDepo.Tr. 181:6-

I l; ThatcherDecl. ''|J3.) On the contrary Trump required theimto eat only in a "design ated.area"at

7
8

the club.2aAnd they could not leavethe premiseswitfrout plior approvalor notification.25
I
Trump strictly enforcedthis policy. For examile, boih Mr. van der Goes(who, recall,was

Trump'sGM fromJune2003to January


2003)*O

l0

Conforti(Trump'sGM January
2008to
ry
February
2An) reprimanded
andsuspended
namedpl[intitrDaveperryfor leavingtheproperty

1 1 during a "food run," i.e., a make-shiftmeal period wh[reby cineemployeewould pick up food from a
I

1 2 localrestaurant
andbring it backfor everyoneelse,wfo worildconsumeit wtrileon dutyor bolt it
1 3 whentheywereout of the view of customers.(Ex. 3d;vandbr GoesDepo.Tr. 80:14-81:4,222:l-16;
I

t4

PenyDecl.lTfll2-14.) And eventually,


Mr. Conforti,hredMr. Peny for trhesamereason.(Conforti

1 5 Depo.Tr.,Ex. 33 &,34) Trumpalsofired otherClasfMembers"in [the] questto upholdand


I
1 6 enforcecompanypolicy."26 (SeeKim Depo. Tr., Ex. $Z (e-rntailfrom Kim to Conforti advisine
i
I

t7

2a

l8

ConfortiDepo. Tr. 126:5-128:l andEx.26, "TrumpNationalpolf ClUb,FoodandBeverage


Orientation
Manual,
2008.o. 9.
i

1 9 25Trump'sthen-GMDavidConfortitestifiedasfollows:
20
2l
22
ZJ

25
26
27
28

i
I

Q. And to your knowledge, were employeesallowed to feave the properfy in orrier to take their breaks?

A. Yes,

Q. llere they required to get authoristion from their ippervisar prior to leoving the property?
A. It was preferred.
i
Q. How was thaf preferencecommunicatedto employe{s?
A. Justverbally,just telling them.
i
Q. Would employeeshave to requestauthorizationpriorlto actually taking a meal break?

A.No.
z+

Q. So employeescould take a meal break wheneverthe$ wantedto?

A. Yes.
i
Q, So the authorizotionwasonly requiredto leavethefiremises?
A. Yes.
i
(Conforti
Depo.Tr. 206:22-207:14.)
(Emphasis
added.)SeealsolConforti
Depo.Tr.206:22-207:5;Kim
Depo.Tr.59:1960:6;vanderGoesTr. 80:15-81:4;
PlumleyDecl.!f 3; Reyesoe!t. tT3; MbDowellDecl.lf 4; Alberto-Alvarez
Decl.tf 3.)
I
26Trumpalsocontinued
thisrequirement
evenaftertheinstantlaivsuitswbrefiled. In an April 16,2009memoto Class
Members,(then)GM David Conforti statedthat ClassMembersfere requiredto advisetheir supervisors
if theywere
'rYoumay leavetheclubif youwish
goingto leavethepremises
duringtheirmealperiods.Thememdstates,
fduring

I
/.

againstterminatingPerry.)
I
Evenif (asTrumpwill likely contend)Class
only neededto communicate
their
\,tembeis
I

intentto leavethe premises,this requirementneverth{lesssdbjectsthe em.plo.yee


to the controlof the

employerand preventshim or her from "attending to y'ny pensonalbusinesshe or shemay choose

duringthe unpaidmeal period.." Brinker,1036 (emp{asisin original).27'Whetherthis policy violates

Californialaw raisesa common questionperfectly sultedfor classadjudication.

7
8
9
t0
11
12
l3
l4

l5
t6
t7
l8

r9
20
21
22
z)
1A
L1

25
26
27
28

common Questions rell|thether Trump uRelieved'crass Members to


Take Meal Breaks
i
Third, comm.onquestionsariseregarding*ne{her Trump actually relievedClassMembersof
iii,

all work duties so they could take their meal break, *[l.r.

Trrumpput the burclenon ClassMembers

for taking the breaksbut kept them in the dark abouttfre comroany'spolicies and the legal
requirements.Trump - which thought a 30 minute mfal bredk was not mandatorybecauseit kept its

workerson theclockandprovidedfreefood- hadni systerhfor actuallyrelievingemployees.


Trump did not schedulemeal breaksor staggeror

p shifts, even though the manual statesthat

somemealperiodswould be scheduled.2sNor did Tr$mp's rhanagerstell ClassMembersduring their


shifts to take their meal breaks or inquire whether

Membershad taken their meal periods."

yourmealperiods],but we expectyou to let your supervisor


if you are going to be leaving the property," (ld. See
a/soAlbeno-Alvarez
Decl.'!f4.) The italicizedstatement
impli that Trump always had a policy of requiringClass
Membersto obtain authorizationor advisetheir supervisorsbe
leaving the to leave the properfy,then they were never
provideda compliantmeal period in which they were "free to
the piemises" of the employerand'ocomeand go as
they please." Brinker, 1036-1037. Therefore,even if ClassMe berssorhetimesor even regurlarlytook 30 minutesmeal
periods(asTrump's self-servingdeclarationsfiom currentClass
will doubtlessstate),thesewere still
noncompliantmeal periodsbecauseClass Memberswere nol
to come and go as they pleased
27
Considerthe employeewho does not initially intendto leavet premisesbut then decides,while he is taking his meal
period, that he would like to do so or he is called away to attend a personalrnatter. According to Trump's policy, this
employeemust interrupthis meal period to hunt down his
sor to give notice that he is leavingthe premises

28ConfortiDepo.Tr. 206,:13-18;
Kim Depo.Tr.19:14-20:12;varl
derGoosDepo.Tr. 221:15-20;Amini
Depo.Tr.
(testifyingthateventheschedules
125:16-21,126:14-127:6
thatfere creeited
afterlawsuitswerefiled includedonly
recommended,
notmandatory,
mealtimes);Liu Decl.fl 5; BolsajianDecl.J[7; HookerDecl.tf 6; Kwiatkowskitf 5; Perry
Decl.]f$3, 5; McDowellDecl.u 3.
Decl.!f 3; PlumleyDecl.J[5; ReyesDecl.fl 5; ThatcherDecl.tf'lff , 5; Albbrto-Alvarez
pefiods
in
handbooks
that
meal
wotrld
be
scheduled,
Regarding
thestatements the
some
seeEmployee
Manual(2003
(1)
maybe sfheduledfor a normalone hourlunchperiod"),Ex. 1
ed.),p. 8 (DLM00054)(statingthat"[s]omeemployees
Manual(2006ed.),p. 13(DLM000l?)(same),Ex.2to CowanDecl.
to CowanDecl.;Employee
2eLiu Decl. 6; Kim Depo.Tr. 47:5-ll; 50:4-23;HookerDecl. I I l; PerryDecl. 5; PlumleyDecl. 5; Trump'sSecond
tl
$
tf
tf
for
wereresponsible
that"classmembers
SetTwo,p. l0 (acNnowledging
Suppl.Rsp.to Perry'sSpecialInterrogatories,

Zs;SupflortrhgDec-Eratfons

Laisser-Faire Approach.

Allegedly, Class {4embdrs could take meal breaks ,.whenever

2 they wanted'" (Conforti Depo. Tr.207:9-lL.l frumJmanagers took this hands-off,laissez-faire


l

3 approachevenwhen they knew ClassMemberswereinottalting their meal periodsbut insteadwere


I

A
T

eatingon duty. For example,as previously noted,C


Cliss Membenswould go on food runs so that

ClassMemberscould eat as they worked. Trump mairagersknew about this practicebut did not
take

correctiveaction.30So the onus was on ClassMemb{rs (thdughno one ever told them this) to inform

managementif they were not getting their meal

. '. violated
:"t Cf Cicairosv. SummitLogistics,
tnc.Jtzoos)133Cal.App.4th 949,962(holdingthat

"defendant's
obligationto providetheplaintiffswith

l0

assumingthat the meal periodswere taken.") "[T]he

all, "it was their rights that were being

mealperiodis not satisfiedby


[n adequate
loyee should know to take their [sic]

1 1 breaks,"
saidMs.Amini. (AminiDepo.Tr. 138:tO-tbq::.)
t2
l3

Lack of Cornmunication and Clarification.

tly, Trump failed to communicateits

meal-breakpolicies or the legal requirementsto ClassiMembers.All Trurnp clid was distributethe

1 4 employeemanual,which as noted was unlawfutlz C{ Cicairos, supro, at g62(finding meal-period


1 5 violationwhereemployer simply relied on provisionslofcollective-bargainingagreement).At best,
I
t 6 the manual'smeal-period section is ambiguousbecau$eit does not state when during the five-and-at7
l8

half period meal breaks must begin. Trump did nothirfg to clarifr this, or lhaveany systemto ensure
I
class Memberstook their meal periodsbeforeexceedfngfive hours of work.33

19
mealbreakpolicyregardless
of whdthertheywerespecificallyinstructed
to do soduringa
2 0 complyingwith Defendant's

shift).

2l
22
aa

z)

24
25
26
27
28

30
Directorof OutsideServices
;IvrussJoel
JUsl r\llll'
Kim, who
wrlo managestne
tf," valeT$
uutetf ano
and Otner
other UIaSS
ClassMembers tn
in the OutSide
OutsideSefviCes
Services
Depafiment,evenacknowledgedthat he saw ClassMemberseatifrgat thelvalet station more times than he could count.
(Kim Depo.Tr. 54:10-55:2.) "The [meal] breakswere always ar,lailable,"Mr. Kim retorted,"but
[ClassMembers]would
takeit uponthemselves. . . to take a [meal] break." (Kim Depo.lt.. SO,A.t+.;
3r
van der GoesDepo. Tr..l6j:23-168:7, 168:16-23;Amini oepoi.fr. 82:21-133:lg, l3j:13-25 (,,Theyknow rhatand
they arethe onesthat if they need coverage,they haveto mentioll that to the supervisoras well.',), id. at l4g:19-149:l
(testi0ing that Class Members are responsible for manning their
[osts and finding a manager to relieve them to take a
meal or rest break.)
I
3'Kim
Depo.Tr.192:9-13;vander GoesDepo. Tr,l2l:9-122:6,i147:14-148;25;
Amini Depo Tr. l3g:16-139:3;Thatcher
Decl.!f 3; SperandeoTr. 164:22-165.2.
j

33See'e'g.,van
derGoesDepo.Tr, 88:21-89:15,170:21-171:3;
Tr. 159:ll-15; Kwiatkowski
Decl.'tf
5;
lperandeo
McDowellDecl'',lf3; McDowellDecl.$ 3; Alberto-Alvarez
Decl,lfl 3) "At no time ... diclanymanager
everreference
the
company's
employee
handbook,"saidClassMemberMaralBolshjian,who wcirkedat Trumpfiom 2007to May2010.

This failureto explainwhen ClassMembers


rirusttaketheir mealperiodsvirtually guaranteed

2 noncompliance
because,
Trumpbeinga customer-UuJ.O
busfiness
with the addedself-induced
I

3 pressure
to live up to the "brand"thatDonaldTrumplseeks
to maintain,thepressof work (and
I

pressure
from managers)
invariablykeptClassMem{ersfrorntakingtime mealperiods.

5
6
7
8
9

Trumpdid nLot,
beforethe instantlawsuitsweJefiled, explainthis wrirnenpolicyto Class

I
Members,distributeany memorandaor documentati{nexplainingthe company'smeal-periodpolicy
or eventell ClassMlembersabout their right to take almealperiod.3aIndeed,even after the lawsuits
I
were filed all Trump did was simply copy the text of
handbook verbatim into a memo and gave it
Jhe
to ClassMembers. (Conforti Depo. Tr., Ex. 29.) Lat[,rin 2009, when mamagement
tried,o gi*

1 0 fuither explanation,it omitted key information about[r,"ut-p".iod time.35


l1

Lack of Tratning or Instruction.

Nor did Tiu-p provide Class Members with trainine or

I2

instructionaboutmeal periods or companypolicy to

QlassMembers(e.g., ho.wto handlework flow

1 a
IJ

andensurecoveragethrough staggeringshifts).36In

mdnagersnevel brought up the subjectof

t4

mealbreaks.
(See,e.g.,LiuDecl.!J5;McDowell

l5
t6

. u 3; HookerDecl.tl 11;PenyDecl,ulf5-6)

Trumpalsotook no actionto ensurethatthe nflicies statedin its nnanual- Trump,swageand-hour"gospel"-1yere enforced. (van der Goes

.Tr . 122:7- 16;


Sper andeo
Tr .159:11- 15.)

1 7 Becauseit provided free (but unpalatable)foodand Cl[ss Membersremainedclockedin while they


l8

ate,Trump did not guaranteethem a full 30 minutes,

l9

retumto work assoonaspossible.EvenTrump'spolicyprohibitingClassMembersto leavethe

in fact the expecrtationwas that they would

20
21
22
z3

24
25
26
27
28

to

See,
C o n f o r tD
i e p o . I l 5 : 1 8 - l 1 6 : 2 ; 1 1 6 : 9 - 1 3A;m i n i D e p c j .T r . t t 2 : 1 9 - l l 3 : 1 0 ; K w i a t k o w s k i D e c l . 5 ; w e s t
Decl.
tf
".g.,
!f 4; ThatcherDecl. lf 3; McDowell Decl. ti 3. Moreover,the onlj memortrndumdistributedto ClassMembersbeforethe
filing of the instantlawsuit blatantly violated California Iaw. Titied "On Duty Employee Meal policy,,,
the document
inveighed,"EmployeeMeal is a privilege not a right!" see yand{r Goes Depo. Tr., Ex. 6, p. 3, and admonished
Class
Members,"even during lunch and rest break[sJ,. . . to stay in thfiriob funrctionroles." (1d.,8x.6, p.
l; emphasisadded.)
I
35
For example,an April 16,2009 memorandumto employeesisjued by then-GM David Conforti told
ClassMembers
that they musttake a meal period when they work five or more hfws, but the memo neither statesthat
meal periodsmust
beginbeforeexceedingfive hours of work nor explainsthe conrldiction betweenthe handbookand Trump's
alleged
undocumented
policy. (Conforti Tr., Ex. 30.)
I

tu

S"n, e-g.,Conforti Depo. Tr. 207:24-208:5; Amini Depo Tr. rcl:4-104:7 (stating that Trump never trained employees
regardingmeal periodsbut that "I mean it is just-but it was knbwn."); Kim Depo. Tr. 58: 3-l l; Kwiatkowski Decl.
tf
5; PlumleyDecl. 'lf3; ReyesDecl. lf 3; ThatcherDecl. tf 3; McDojrvellDec[. 3; Alberto-Alvarez Decl. ,]f3.)
tf

premiseswithout authorizationwas not communicatldto ClassMembers (as.idefrom Conforti,s


April

16,2009memo. (K.im Depo. Tr. 64:9-18.) Theseo{irsions createduncertai.nty,and employeesleft


the premisesduring their meal periodsat their peril, js Mr. Perry's retaliatoryterminationproved.

Ignorance of Management. This lack of

or instruction is not altogether


"orfrrrrrnication
surprisingbecausellrump's managers- from the dep{rtment headsto the GVt to the headof the HR

Department---didnot know the law about meal or resf breaks.3t Manag"ment, including GMs,

deferredcomplianceissuesto "human resources,",r), r.g., van der GoesTr. '10:18-71:2


(.,I would

haveto deferthat to Tom Sperandeo").But HR direcior Tom Sperandeo.himselfdid not know the

law, did not find HR.issuesparticularly interesting,a4d did not considerenforcingcompliancewith

l0

Californiabreak-timLe
laws to be amons his duties.

1t
t2

Authorizatio'n Requirement. Furtherrnore,al{rough Class Members were allegedly


responsiblefor takin.gtheir meal periods"whenevert{ey warntedto[,]" Trump madethem get
I

1 3 permission
whenevertheywantedto takea (30 minutp;mealbreak.38
Authorizationwasnot always
I
1

forthcoming. Employeeswere often deniedeven sho{t breaksbecauseno one could coverthem.


I
1 5 (See,e.g.,BolsajianDecl.'tl 7;Peny Decl. fl 3, 5.) SolClasslVlemberswere responsiblefor not only
I+

1 6 takingtheir own meal periods but also finding their o$^


I

else had to miss their breaks.


"ouuruge---or

t7

Plaintiffscontendthat makingClassMemberslresponsible
for takingtheirmealperiods

l8

violatedCalifornialaw,which perBrinkerrequiresafirmatively relievingemployees


of theirjob

t9

dutiesto takea mealbreakandattendto whateverperNonal


business
theywish,especially
wherethe

2 0 employer
keepsits employees
in the darkaboutthecohnpany's
meal-break
policyor legal
2l
22
at
L)

24
25
26
27
28

I
See,e.g.,ConfortiDepo.Tr. 107:18-25(admittingthathedoei not havea "deepunderstanding"
of Califomiamealperiodlaw);id. at 114:20-24;118:14-l
("butif voudidwork
19:17;van
derGoesTr. 34:5-8,4l:21-42:1.88:21-89:tr5
morethansix hours,you did haveto takea thirry-minute
break."),id. at l4l: l3- 18, l4l:24-142:2Gtatin;thatClass
Members
wereentitledto secondmealperiodsonlyafterworkin! l0 hoursof work,wherela.wrequiressecond.
meal
periodsbeforeexceeding
l0 hours);Sperandeo
(teftifyingXhatClassMemberswereentitledto mealperiod
Tr. 152:14-19
afierfle hoursof work).(Kim Depo.Tr. 130:22-131:13;132:201133:3;163.4-2A;vander
GoesDepo.Tr. 143:24144:11,221:15-20:,
HookerDecl.'lf l3; KwiatkowskiDecl.tTfl5, p (testiS,ing
to lackof trainingevenaftershebecame
seniorrestaurant
manager);
PerryDecl.!f 13.)
i
''

i
38
Conforti Tr. 126:5-128:l and207:9-l 1 and Ex.26, "Trump N{tional Golf Club, Food and BeverageOrientation
Manual,2008,p. 9; Kim Depo. 58:22-59:3;id. at Ex. 66; Amini pepo. Tr, 112:19-113:10;
Amini Depo.Tr., Ex. 6 (memo
disseminated
to ClassMembers enjoining them from "order[ing] food in the middle of your shift without manager's
permission.");Plumley
Decl. Ji'!f3,4; ThatcherDecl. tf 4; SperandeoTr.144:21-145:14.)
-17-

@s

requirements.
UnderBrinker,duringeveryqualif,int shiftan employermustaffirmativelyrelieveits

.L

employeesby instructing or informing them that thej may stop working to take a
meal break. At
I
minimum, Brinker requiresthe employer to clearly t{ll employeesof the meal-breakpolicy
andlor

3
A
T

explainthe employees'legalrights if the employ". q[k", them responsiblefor taking their


meal

periods;otherwise employeeswould have no *uy of


i.nowing under what circumstancesthey may
i
stop working to eat, run errands,etc. Keeping emploiees in the dark fails to meet this duty.

6
7

iv.

8
9

Common Questions ,r!, Dir"ouraging Meal periods.

Fourth, common questions arise regarding whlther Trump - as a resulltof its ignoranceof the
law and its corporateculture to live up to Donald TrufnR'sexpectations-- pressuredor intimidated

1 0 ClassMembersfrom takingtheirmealperiods.SeetP.at 1036. Plaintiffsrespectfully


submitthat
I

theevidence
supporting
this contention(e.g.,everydUrni,,.Odeclaration
from formermanasers
and
t
"
t 2 currentandformeremployees)overwhelmingsupporissucha finding.3eIndeed,oneTrumpmemo
1 3 (Exhibit6) givento employeesstatedin partthefollol^ring:,.pleaseknow that[g]uestscomefirst
I
1 A
IT
ALWAYSNOT YOUR MEALS!"
i
I
15
u
CommonQuestionsre:lShort,InterruptedMeal periods.
ll

16

Fifth,commonquestionsariseregarding*h.t{r., ClassMemberswereaffordedonlyshortor
t
'
t 7 abbreviated
mealperiods.As noted,ClassMemberslpgularlyrushedthroughtheirmealbreaks
I
l 8 pursuant
to routineinstructionsfrom managers
to *ori< assoonaspossible- or immediately.
1 9 Managersalso sometimesintemrptedemploveeswhil|they were still eating.a0
20
2l
22
z)

24
25
26
27
28

3e

Trump's corporateculture discouragedmeal periodsas being


frnproductiveand inefficient. For example,managers
who observedClassMembers eating or taking a break would roqtinely tell them to get back to work. (Kwiatkowski
Decl.
![7.) The golf club is an expensive,"high end" establishment,
sep SperandeoTr. 48:4-8, and becauseit is associated
with
the name Donald Trump, there was an expectation that it would
{rovide a superlative, world-class experiencefor guests
t h a t w o u l d l i v e u p t o " t h e T r u m p s t a n d a r d " ( v a n d e r G o e s D e p o . [1r .8 2 : 1 2 - 1 8 4 : l & E x . 6 , p . 3 ( s t a t i n g t h a t i f c l a s s
Membersdo not live up "Trump standard"their shifts would be
{ut)), and "provide the servicethat is slmonyrnouswith
Trump." (van der Goes Tr. 52:22-53:4. Seealso Kim Depo. Tr. lt46:13-147:4;SperandeoTr. 122:g-123:15.123:20125:2;PlumleyDecl. t[ 8; Reyes']f5; Thatchertf 8.) "There *ar
{n atmosphereat Trump, coming from managers,that if
you wereto take a break when the restaurantwas busy, you werelnota good worker." (Liu Decl. ,r1i
4.) Long-time
managerSue Kwiatkowski confirmed the "attitude" at Trump thal "to eat or smoke a cigarette were privileged.
(Kwiatkowski Decl' tf 5.) Employeeswho complainedor tried t[ exercisetheir rights were often punished, perry
Decl.

plumley
12-14;
Decl.ll 6.
fiT3,a;LiuDecl.!f4; PerryDecl.,!f,!f

I
ooSee,
e.g.,Liu Decl.f']T7-l0; BolsajianDecl.tf$5, 6, I 0; HookeiDecl.lf I 0; PerryDecl.fl 6; plumleyDecl. 6, 9;
{ti
Reyes
Decl.ffii4,7;Thatcher
Decl.tf,lf4,7,9; McDowellDecl.,flj6.)
:

i
i

To minimize break time, managersoften arrafged or allowed food runs, as describedabove.al

Moreover, Trump did not instruct Class Mempers to clock out when they ate or took a break,

,|

soClassMembers
werepaidfor that time,seeConfoltiDepo.Tr. 107:18-15;
Kim Depo.Tr.56:24i

57:I|;Thatcher Decl. !l l0; McDowell fl 6, which tr,i*o thereforeconsicnered


to be time worked

subjectto its control. For example,one memorandurfr,


titled "On Duty EmployeeMeal policy,,,

unequivocallystated,"While in uniform, evendurin$lunch br rest breakfsJ,employeeshaveto stay

in theirjob frrnctionroles[.]" (See vander GoesDepd. p. 173& Ex. 6, p. 1; emphasisadded.) As a

8
9

result Trump believed that it could limit the amount


lessthan a full, unintemrpted 30 minutes; and there

lf

tm" employeesspent eating or breakingto

{as ptessureon Class Members, becausethey

1 0 were on the clock, to return to work as soon as they ir[a nnished eating or, as most ClassMembers
1 t testified,bolting their food.at As Mr. Kim unambiguduslytebtified:
t2

Q. Did you ever come to believethat becausel[frumplwas providing not only free food but

l3

alsopay for being provided to eat,that it,

l4

employeeshave 30 minutes to eat

didn't necessarilyhaveto let its


{herefore,
. wheh they Weretaking a meal break?

15

A. Yes.

l6

Q. Whendid you form thatopinion?

t7

A. After my conversation
with ThomasSperafrdeo.

r8

(ld. at 152:20-153:5.)
RecallthatMr. Sperandeo
was headof HR for mostof theclassperiodand
ftre
1 9 thewellspringof informationaboutTrump's*uge-anf-hourobligations.RecallalsothatMr.
20

Sperandeo's
testimorryestablishesignoranceof basicpmployhnentlaws at the heartof the instant

2 1 lawsuits. Mr. Kim's testimony shows that Mr. Speranileocorirmunicatedlais fundamental


22 misunderstanding
of California law to the departmentih"udr,who did not "guarantee"ClassMembers
ZJ

mealperiodsof the minimum requisiteamountof timg. SeeBrinker,1046. The testimonyof Class

1A
L-

26

arSee
ConfortiDepo.
Tr.207:24-208:11;210:l-17;
Plumleyoecf T 9;Tmmp'sSecondSuppl.Rsp.to Perryr's
Special
Interrogatories,
SetTwo, pp. 28-34(statingthatmanagers
andsuirervisors
suchasMr. Kim madefoodruns"on numerous
occasions"
for ClassMembers),attached
to Orshansky
Decl.aslix. A. SeealsoKimDepo.Tr. 54:10-55:2
andid. atEx.
68 (memopostedby Kim in November2010remindingClassM$mbersnbt to work duringtheirmealperiods))

27

nt

25

28

Ki- Depo. Tr. 151:24-152:8("Due to the fact that we supply tfre food and that they're getti:ngpaid on the clock while
on their break,that constitutestheir break."); Kwiatkowski Decl.ltf5; Plumley Decl. ,||f4., SperandeoDepo 135:17-136;l6;

146:8-12

-19Plaintifl-s'Joint Notice of Motion and Motion for ClassCertihcation;Memo of Ps & As; SupportingDeclaratlons

i
Members corroborates this fact. Former GM van derlGoes also confirmed that nothins was done to

ensurethat ClassMembers sot 30 minuteswhen

ate. (vander GoesDepo.Tr. 168:24-169:7.)

vt.
A

i
Sixth, common questionsarisebecauseClassN4embers'timerecordsare uniform in not
reflectingany meal periods from at leastDecember2)2004 to April2009.a3 Indeed,Trump admits
I

that no suchrecordswere kept, this was true for all eJpRloVees,


and it never audited whether

7
8

employeeswere getting the breaks to which the law u[,i,t"O them or if the time recordswere
I
accurate.44BecauseTrump has also admits that it ne{er paid premium wages for missedmeal breaks,

damagesand liability can easily be determinedclass{ide by using this objective source.

l0
l1

t2

vii.

Common Questions ,rl Foilor" to Pay the Premium Wage.

Seventh,common questionsarisebecaur. f*inp

ne\rercomplied with Labor Code $ 226.7,

which requirespaying a premium wage of one hour o[nuf (at the regular rate) for eachmeal period

1 3 that was not providedto an employee. Trump had noiRrocedurefor determin:ingwhetherClass


1 4 Memberswere entitledto premium wages,nor did tr[-O have a procedurefor ClassMembersto
1 5 reporttheir inability to take a meal period or rest brea[ so that they could obtain this premiumwage.
t6

(AminiDepo.Tr.14.2:11-143:24
(no written

for informing managerthat did not get RB);

t7

Sperandeo
Tr. 138:2-19.)Again,Trump

including the General Manager-were

l8

ignorantof the obligation to pay a premium wage a

19
20
21
22
^a
L)
,,, A

LA

25
26
27
28

.,

neverpaid such wag"s.ot

Common Questions of Law


Failure to Provide Rest

d Fac,tPredominate regarding Trump's

LaborCode$ 226.7provides,in pertinentp4, "No employershallrequireanyemployee


to
workduringany... restperiod... If anemployerfail$to provideanemployee
a ... restperiod.., the
i

employershall pay the employeeone additionalhour [f pay at the employee'sregularrateof


j

i
a3
SperandeoDepo. Tr. 135 17-24;Conforti Depo. Tr., Ex. 30 ({nstitutingpolicy of clocking in and out for mealperiods
only as of April 16,2009, after the instant lawsuitswere filed; TLump'sRsp. to Perry's RFA's (Set One), nos. l-15,
attachedto OrshanskyDecl. as Ex. C; Trump's Rsps.to Messer{chmidt'sRFA's (Set One), nLos.l-15, I8 and I't setof
form intenogatories,attachedto Cowan Decl. as Ex. I-J; van derJGoesDepo. Tr. 131:l-25.;

no
Amini Depo.Tr. 120:6-121:21,127:19-128:24and 130:7-l3l {3; van der GoesDepo. llr. 133:15-134:13 and 136:20Seealso,e.g.,PlumleyDecl.tf l0;Thatcher
SperandeoTr.l3T:1'2-138:19.
23,146.22-147:3,
156:13-157:2;165:18-22;

Decl.tT6
Decl.tf 1l; McDowell

iI

ot
ConfortiDepo.Tr. lll:22-113:2and1224-9;vander
Tr. 146:8-12
Sperandeo
S"r,
,154:ll-15'7:6,275:14-276.2lt;
".g. Tr.23:16-23and143 l-7; PlumleyDecl. 1l; Rey{sDecl. 8; ThatcherDecl. 12;McDowellDecl.fl 7.
GoesDepo.
$
$
t|
-20S[p-ortfipec1aEiio'ns

i
1

compensation
for eachwork daythatthe ... restperipdis not provided." Section12of Wage
Order
l0-2001,theapplicablewageorderhere,specifiesthht..evefyemployershallautho
rizeandpermit
all

_t

2
1

I
to takerestperiods,whichinsofaru, pru"[i"ubleshallbe in the middleof eachwork
lemplovees
t
l

The authorizedrest period time shall be bas{d on the total hours worked daily at

lReriod.
the rate of
5 ten (10) minutesnet rest time per four (4) hoursot.n[or fraction thereof." pleasenote
that the wage
I

6
7
8

ordercallsfor l0 minutesof "net" resttime,meaningf


thatthe l0 minutesmustbe consecutive.
,See
Bufil v. Dollar FinancialGroup,Inc (2008)162Callapp.4thI 1g3,199. Thereforebathroom
I

breaksunder l0 minutes could not be aggregatedor

dountedagainstrest time.
I

The Brinker court also recently clarified the r{st-break requirement. It held that the total
I

l0

amountof rest time per shift is determinedby dividin[ the hours worked hy four hours, rounding
I
l 1 down if the fractionalpart is half or lessthan half and up if it is more (a..major fraction,'),then
I
1 2 multiplying the quotient by 10 minutes. Brinker, at 1929. The Brinker court explainedthe effect
of
1 A

IJ

l+

l5
16

this provision,"Employeesare entitled to l0 minut.,


lr.r, for shifts from three and one-halfto six
hoursin length,20 minutes for shifts of more than sbihours up to l0 hou.rs,30 minutesfor shifts
of
more than l0 hoursup to 14 hours, and so on.', Ibid. 't
Significantly,the Brinker court held that the trjialcourt properly certified a rest-breakclass

1 7 wherethe defendant'spolicy provided that employee$were entitled to rest breaksonly for eachfull

1 8 four hours worked. Id. at 1033. If the employer's pollicy does not authorize rest breaksin
l9

compliancewith these requirements-i.e., per four ho[o, or najor


fraction thereof- then no

20 individualissuesariseregardingwhether an employedmight have waived his or her rest breaks: ,,No


2l

issueof waiver ever arises for a rest break that was re{uired by law but never authorized;if a break is
I

22 not authorized,an employee has no opportunity to dejline to rtakeit." Ibid.


I

z)
aA

An employer must notify its employeesthat enirploVees


are authorized and permitted to take a
10 consecutiveminute off-duty rest break every four ljours or major fraction thereof,and it must

2 5 instructsupervisorypersonnelto take stepsto provideiemployeeswith the opportunityto takethe


26 requiredrestbreaks. SeeBufil v. Dollar Financial Grlup, Inc. (2008) 162 Cal.App.4thI 193,llgg.
27
i.
common QuestionsArfe re: irump's written Rest-Breakpoticy.
i

28

Commonquestionspredominateon Plaintiffs' fest-breakclaim for muchthe samereasonsas


i

-2tPlaintitls' Joint Notice of Motion and Moti

E-s; Supporting-Dedlialions

for their meal-period claim. As with meal breaks,a

on questionariseswhetherTrump'srest-

breakpolicy is unlawful on its face. The employee

ual statesthat rest breaksmay only occur for

each"four (4) hour segmentof eachworkday."auA$in, this policy,beingpart


of the employee

manual,appliedto all ClassMembers.resardless


of

through which managementunderstoodand co

Cf Brinker, at 1033(holding certificationappropriatAwhere rest-breakpolicy applied


to everybody).

Furthermore,Trump's rest-breakpolicy is nearly iderlticalto the rest-breakpolicy certified


in Brinker

because,
like the Brinker policy, it doesnot authorir.jClurs Membersto take meal periods
for periods

of time that are less than four hours, even though em{loVeesare entitled rtorest breaksper
four hours

and it was the principal source


icatedthe company'srest-breakrequirements.

1 0 "or major fraction thereof." IWC WageOrder 10-20{l(12). Indeed,management,sunderstanding


of
l1

the policy is consistentwith this incorrectinterpretati[nof tn" law. (Sperandeolg9:3-7,279:12-13:


-

'

'

'

'

t2

Kim Depo.Tr.66:19-22.)ThusTrump'spolicydoeslnotauthorizerestb:reaks
duringshiftslessthan

l3

fourhours,nor doesit authorizesecondrestbreaksdrfringshiftslastingmorethansix hoursbut less

t4

than eight,and so forth. Thus ClassMembersworkir{e shifts of 6 hours and one minute would
have

1 5 no ideathat they are entitled to 20 minutesof rest.Th[s is preciselythe inaccurateuniform policy


the
1 6 CaliforniaSupremeCourt addressedas certifiable. Brlfnker,suprq,at 1033. Eecausethe
legalityof
1 1

this policy can be adjudicatedon behalf of all employfes,cotnmonquestionspredominate,

18

ii"

t9
20

Common Qaestions re: llthethlr RestBreaks WereAuthorized or permittecl.

Moreover,just as with meal periods,common


iquestionsariseabout if Trump clearlytold
I

ClassMembersaboutthepermissionneededto taker{st breaks


. Cf. Bufit,supra,l l99 (,.Theonusis
I

21
22
.,'
ZJ
1A

L-

25
26
27
28

ot

Trump admitsthat it had centralizedemploymentpoliciesthat


ireverchangedthroughoutthe classperiod. As with
mealbreaks,Trump's managers(Conforti Depo. Tr. 96:12-18, t4+:tO-tl; Kim Depo. Tr.67:5-6g:6; Alberto-Alvarez
Decl. tft|2, 7.) ClassMembersrequired training and instruction$ecaus"the flow of work preventedthem from taking rest
breakswithout hurting the quality of serviceto customers.(Liu ilecl. 5; Plumley Decl. 5; ReyesDecl.
u
tf
ti3; McDowell
Decl. tf 3.) But again,Trump did not provide insffuctionor trainiirgto ClassMembers regardingits rest-breakpolicy
or
their legalright to a break (e.g., staggeringshifts, scheduling). (ft. ut 115, s.f.; SperandeoTr. jtgt:23-192:18;West
Decl. fl
4; Hooker Decl. $ 6; Kwiatkowski Decl.'lf 5; Plumley Decl. !f 3;
,t]
$tyes Decl. J[3; ThatcherDecl. fl 3; McDowell Decl. 3;
Alberto-AlvarezDecl. $ 3.) Instead,it just gave them the Emplotrfee
Handbook,see SperandeoTr. 191:23-192:lg;Kim

Indeed,evenafter Trump beganrequiringClLssMembersto obtainauthorizationbefore

i
taking restbreaks,Mr' Kim could not recall a single
ioccasionwhen a ClassMember had askedfor a

restbreak:

i
I

Q. Sinceit's beenthe policy to requireautho{izationfor rest breaks,have you beenaskedby

an employeeto take a rest break?...

6
7

A. Restbreak? I can't recall at this time.

]
l

(KimDepo. Tr. 72:23-73:4.)

Even alter
tven
after tlre
the tnstant
instant lawsuits
lawsuits were filed,
filed- T*i-p
Tr-r_i failed to explain the significanceof the

"major faction" language,and Trump also stated(incjorrectly)


orrectly) that ClassMemberscould waive their
r

l0

restbreaks,
seeConfortiDepo.Ex. 30,p.2. Brinker,isupra,
at 1033. As with mealbreaks,Trump

l1

left everyonein the dark. Cf Bufit, supro,at 1193.

12

Again, as with meal periods, Trump was ign{rant of Califomia law and receivedinadequate

1 3 training,and the topic did not even come up amongstlthemselves.as


Trurnp took no proactivestepsto
I

l+

ensurethat managersknew about California rest-brelk law. (Conforti Depo. Tr. 131:21-132:l;Kim

1 5 Depo' Tr. 66:19-22.) And Trump's general-unug.r$themselves did not make any effort to enforce
l6

the provisionsof the employeemanual,the purportedlfountainhead


of all Tru.mp'swage-and-hour

1 7 policies. (van der GoesDepo. Tr. 122:7-16.) ConseSirently,


managerscould not and did not explain
l8

the company'spolicy or the law to ClassMembers. I

t9
20
21
22
LJ
.A
L1

25

26
27
28

Depo.Tr. 192:9-131'
van der GoesTr.4l:10-18-which again

the law incorrectly---and left it up to ClassMembers

themselves
to makesurethey took their restbreaks.(Amini

-133: 18. I 34:I 6-21.137


Tr. I 33: I 9-134:2, 132:21
:13-

25, 140:19'14l:20, 148:19-149:1;SperandeoTr. l9l :23-192:18) "They would come and co:mplainto us if they were not
treatedright," said Mr. Sperandeo.(SperandeoTr. 192'.7-8.)Brit Trump managersnever even referencedthe handbook
in conversations
with ClassMemb ers,see BolsajianDecl. tf I I , ior did rnanagersinform thernthat they were authorized

or permitted
to takerestbreaks,seeLiu Decl.'tf7; ReyesDecl.tli5;McDowellDecl.,!f3, muchlessaskwhethertheyhad
takentheirrestbreaksduringtheir shifts. (HookerDecl.u 10;
Decl.'!f5; Alberto-A,lvarez
Decl.!f 5.) "Theywere

always available," Mr. K.im prevaricated in referencerest


just as he had done in referenceto meal periods. (Kim
Depo.Tr. 68:19-69:10.)"It was just common knowledgethat pdoplewould just take breakswheneverthey neededto,"
testifiedMs. Amini, Trump's PMQ. (Amini Depo Tr. 109:3-15.)
i

ot

See,e.g.,ConfortiDepo.Tr. 107:l8- 15;vanderGoesTr. 3a:578,


4l:21-42:1;
Amini Depo.Tr. 106:21107:8;Kim
Depo.Tr. 163.21-164:6;
HookerDecl.tf l3; KwiatkowskiDecl.ittl s, S (testifyingto lackof trainingevenaftershe
became
seniorrestaurant
manager);
PerryDecl.J[13;Sperandeoll89:3-7,
279:12-13(confessing
ignorance
regarding
whenrestbreakmustbe provided.))
:
-23-

'Tc
WpofringDechrmions

j
I
2
i

iii.

common euestionsAtlisere: short, Inte*upted RestBreaks.


I
Similarly'commonquestionexistif restUr"ut, wereshortor intemrpted;
in otherwords,
i

whetherClass Members were authorized or permitteil l0

minutes of rest time. Aside


"orrr"cutive
from its "dead" handbook, Trump never communicaiedor explained to
Class Members that they were

entitledto 10consecutive
minutesof resttime.ae j

6
7

And morecommonquestionsarisefrom the

current
{ozensof witnesses formermanagers,
- who havetestifiia tnatrestbreakswererushedemployees,
andfonneremployees
evenfor
i

bathroom
breaks.If managers
sawemployees
on a bleak,they invariablyorderedthembackto work

withoutaskinghow long they hadbeenresting.5O j

10

iv.

CommonQuestions,"i Dirrorraging RestBreaks


I

l1

Plus,common questionsarise from whethertdrough the foregoing actionsand

coursesof

T 2 conduct(e.g,.denying breaks,instructingthat they b{tept "short", and ordering employees ,.hurry


to
I

1 3 back"),Trumppressuredor intimidatedClassMemb{rsto discouragethernfrom takingrest


breaks.
I

t4

Justas with meal breaks,an employer cannotdiscourfgean employeefrom taking a restperiod.

l5

Brinker,supra,l040. Some of the strongesttestimorf supportingPlaintiff s contentionis Joel


Kim,s

t6

contentionat depositionthat he could not recall a singfleinstancein which an employeeaskedto take

1 7 arestbreak. (Kim Depo. Tr. 72:23-73:4.)Really? Npver?


l8

v.

Common Questions ,tti,1Foilrn, of to pay tke Fremium Wage


l

t9

Finally, comlnon questionsariseover Trump'sJfailureto pay ClassMembersLabor Code

20 226.7premiumwagesfor eachday requisitebreaksw[re not provide. (See III(F)(t)(vi i), supra.)


$
2 l IV. DERTVAIU\/E
CLAIMSFORpaysruB atvn warrnc-rnlp
prNarrrns
22
z)
aA
z+

Plaintiffs' claims for failure to provide meal aridrest periodsalso give rise to claimsfor
I
inaccuratewage statementsper Labor Code $ 226(e)
{tta Lubor Code g 203 waiting-time penalties.
I

LaborCode$ 226(a)(9)requiresan employer furnisheachof its employees


with an
i
I

25
26

oe
See,e.g.,Conforti Depo. Tr. 130:19-l3l :2; HookerDecl.fl I I ;iK*iu,L.*ski Decl. ,tf,!f
.5;ReyesDecl.Jf5; Thatcher

Decl.!f 3;McDowell
Decl.ti3.

27 'o Seeeveryfiledwitnessdeclaration,including,e.g.,Liu Decl.


fljf 8, 9; WestDecl.tf l0; BolsajianDecl.tfg5, 6, l0;

Decl.tf 7. HookerDecl.1lI I '


2 8 HookerDecl.1l; PlumleyDecl.Jf9; ReyesDecl.fl 5; McDowellbecl.tf 5; Alberro-Alvarez
WestDecl.u 10;PerryDecl.1J6; PlumleyDecl.u 9; ReyesDecl.ilJ7;ThatcherDecl.,u7; Alberto-Alvarez
Decl.g 7.

It

accurate'itemizedstatement(i.e., a paystub)in
wri$ng showing eachemployee,sgrossand

net
earningsfor that particular pay period. If Trump
faiied to give compliant meal and rest periods and

a
J

provide premium pay, its wage statementswere

A
T

wagesowed to ClassMembers- therebyentitling t{e


Classto Labor Code $ 226(e)penalties.

inu{curat" ibecausethey did not itemize premium


t

5
6
7
8
9
1 0 meal or rest periods is a wage and not a penalty. seQ
Murphy v. Kenneth cole productions, Inc.
1 l (2007)40 Cal4th 1094, 1114. Consequently,if Truqip

is found liable for pay ClassMembersthe

T 2 premium wage for failure to provide meal and rest p{riods,


1 3 payall wagesdue andowing to ClassMembers*no$e
t4
l5

V.

then it will also,i,psofacto,havefailed to

empioynentwith Trurnphasended.

CONCLUSION
I

It is a shamethat Donald rrump forgot to foll[w his own philosophy


and hire..bestof breed,,
i

1 6 managers
to run his golf club. Had he doneso- and
irot skilnpedon usingCalifornialawyers- this
t 7 lawsuitmightnot havearisen.
i
18
For the reasonssetforth herein,plaintiffs Luc[, Messerschmidt
andDaveperry respectfully
I
l 9 submit that the court should grant their motion for cl{ss certification.
20
^ 1
L I

Respectfullysubmitted,;

DATED:Iuly20,20t2

22
By

aa

ZJ

Attomeys for Pla


Class

1A
L+

Messerschmridtand the proposed

25
26

DATED: Iuly 20,2012

ORSHANSKY& Y E

AN LLP

27
28

Attorneys for Plainti

Proposed
Class

Dave S. Perry and the

CharlesWe$t

Declaration of CharlesWest
I

My nameis Charles"Chuck" West. Ihave personalknowledgeand if calleduponto


do

so would and could competentlytestifyto the following:

I am a formeremployeeof theTrumpNationalGolf Club ("Trump") irr Ranchopalos

Verdes.Istartedworkingtherein aboutJune2005as a food serverin tlie


club's

restaurant,
and I laterwas pr:omoted
to restaurant
nlanager.I held thatjob for

approximately2 yearsuntil I was laid off in March 200g.

8
o

3.

I am the personwho hiredLucy Messerschmidt


to work as a hostess.I dicjso

because

l0

Ms' Messerschmidt
cameacrossin her interviewas professional
and conscientious
and

l l

madea terrific impression.This was importantfor at leasttwo reasons:(a) I was

t2

looking to hire someonewho would be more dependable


than someof the younger

l3

employees
thenernployed
as hostesses,
and(b) Ms. Messerschmidt
was willing to work

3 .:;.

14

a weekdaymorningshifi thatwe werehavinga hardtime filling.

= ; u 9

t5

Ms. Messerschmidt
turnedout to meetor exceedall of my expectations.
Shewas

l6

exceptionally
reliable,highlyprofessional
anddid a superbjob. lt alsowasmy opinion

tl

thatshewent aboveand beyondthe call of duty in herposition.Irorthis reason.


i

t8

concurredin the decisionto promoteher to headhostess.

o - s !

Bs:9
.Y35v _ "
c;I

l9
20

5.

Oneof my dutiesasrestaurant
manager
wasscheduling
thehostesses,
At somepoint

tl

afterI hiredLucyMesserschrnidt
andbefbreDecember
2007"Trump's
general
manager

22

MikevanderGoestoldmethattheclubneeded
to hireyoung,attractive
womento be
hostesses
andthathewouldneedto meetall suchjob applicants
firstto determipe
if

23
1A

25
zo
21
28

theywer:esufficientlypretty.

o,

on at ieastoneotheroccasion,
I wastoldby another
manager
(whosenameI don,t
remember)
to makesurethatwhenever
DonaldTrumpwason thepremises,
theon-duty
hostess
(thefirstpersonMr. Trumpwouldseewhenenteringtheclubhogse)
wasa
young'attractive
woman.I hadheardfromothercolleagues
not onlythatMr, Trump

D e c l a r a t i o no f C h a r l e sW e s t

prefenedemployinggood-lookingyoungpeoplebut alsothat he did not Iike


seeins

employeeswho were old or fat.

7.

The actionsof Mr. Trump tl"ratI observedwereconsistentwith what I lieardabouthinr


f.romtheclub's othermanagers.For example,on oneoccasion,Mr. Trurlp sawa
young,attractivehostessworking namedNicole

(l fbrgether last

name,but shewas Caucasianwith blueeyes,dark hair and a slenderbuild).and directed

thatshebe broughtto a placewherehe was meetingwith a groupof men. Afier this

womanhad beenpresented
to him, Mr. Trump saidto his guestssomethinglike ..See,

you don't haveto go to Holtywoodto find beautifulwomen." He alsoturnedto Nicole

i0

andaskedher'oDoyou like Jewishmen?,'

ll

t2

Knowingly denyingfull30 minute meal breaks


8.

On severaloccasions,
I wentto our humanresources
department
to discussthe issueol'

13

employeebreaks, Eachtime, I met with the humanresourcesdirectorMarielaFariasor

3;I.

14

Tom Sperandeo
(andon at leastoneoccasionbothof them). Idid this because
theclub

- F.6s
L
: O O
o . i ; '

t J

E
U N :

was not allowing its restaurant


employeesto takea full, unfettered30 mirrutemeal

i s! 9

9 ?o o

r- l 5- >
!

tt a
u

breaks,and I was concernedthat this policy violatedCalifornialaw. Ms. Fariastold me

17

that if the companygavea paid meal,it was not requiredto give an unpaidmealbreak

l8

wlierepeoplecor-rld
clock out for 30 minutes.

19
20

Not allowingfull l0 minuterestbreakseither


o

To the bestof my knowledge,Trump had no official policy establishingthe right


of its

21

restaurantemployees(or othersfor that matter)to takescheduledrestbfeaks,


Nor was

22

thereany specificpolicvto ensurethata hostess


(or otherrestaurant
employee)
could

23

lravesomeonecovertbr her while shetook a full l0 minuterestbreak.

24
25
^ a

l0

As a generaimatter,I would coverfor a hostessif sheaskedto takea q uick


break(e.g..
to go the bathroom),and I witnessedother managersdo the same- but on
eachof those

ZO

occasiorts
we alwayspassedalongan impliedmessage
that the hostess
shouldhurryup.

27

I n e v e rc o m m u n i c a t eodr c o n v e y e idn a n yw a y t h a tt h eh o s t e s s e s
w e r ee n t i t l e dt o t a k ea

28

full 10minutes
(andneversawanothermanagerdo
that),Instead,
mymessage
wast0
thecontrary
because
therewasanunspoken
rulethathadbeenpassed
downto methat
D e c l a r a t i o no f C h a r l e sW e s l

bathroomor

.oking breakswere to be conductedas .. -ckly as possible.Although it

was conunon for smokersto go outsideand take a cigarettebreak if they could get

someoneto cover their tables,it r,vasalwaysmadeclear that they neededto hurry. I

rememberhearing other managersin the restaurantutter words to the effect of "make it

A
.?

fast" or "come back as fast as you can"whenbeing askedby other employeesto take a

rest or smoking break.

I declareunder penaltyof perjury under the laws of the Stateof Califomia that the
foregoingis true and correctand that I executedthis declarationon 'Marchfu2009 in San

Pedro,California.

10
11
t2
13
t4
15
16
T7
18
19
20
2T
22
23
1A

L-

25
26
27
28

Declarationof CharlesWest

HayleyStrozier

I
2
-J

meto do it for a half hour.lrhis wourdhappenat leastI or


2timesa week. when I
wouldgettheserequests
andwatchedthehostesses
goingoffto eat,theyalwayscame
acrossasactingwith a senseof urgencyeventhoughfood
waspreparedin thekitchen
specially for them and they would not need much
time to get it.

4
5
6
7
8
9
10
11

t2
t3
t4
l5
l6
t7
18
19
20
2l
22
^a

ZJ

24
25
26
)'7

28

I declareunderpenalty of pe{ury underthe laws of the State


of Califomia that the
foregoingis true and correctand that I executedthis declaration
on February_ ,2009 in San
Pedro,Califomia.

Kevin Hooker

Declarationof Kevin Hooker

l.

My nameis Kevin Hooker. I havepersonal


knowledgeand if calledupo, to do so,
would andcould competently
testif,/to the following:

2.

I am a fbrmeremployeeof the TrumpNational


Golf club. I originallyworkedar the
club (includingwhen it wastheoceanTrails
Golf club) as a waiter/foodserver.andI
was promotedto bartenderin2004. I held
that positionuntil beingpromotedto being
the club'srestaurant
managerin approximated
June2008. I resignedrny ernployment
in
approximately
Decemberof 200gbecause
I was unhappywith my job.

')

So that the court can havea mentarimage


to accompanymy

3
4
J

6
7
8
o

l0

testimony,berowis a

recentphotographof me.

ll
I Z

i3
,: R:

t4

1 i : q

LU

:-r

l5

> v :

3;:9

d -

rfd:c.r36
c - o
F

16
t7
18
t9
20

4.

2l

At all times,includingwhenI becamea


manager,
therewas a cultureat the Trunip
NationalGolf club that prizedexcellence
and serviceand the quality

of what we offered
to the publicand our clrstomers
overeverything
erse.,,Thisis Trump;eve'thing must

22
23

be superior"would be a lair characterization


of the attitudethatwascomnrunicated
to

24

us and existedat the club.

t)

zo

27
28

5.

Throughout
my emproyment
asanemproyee
(asopposed
to

beingtherestaurant

manger)'
I typicallyworkedsix hoLrrs
perdayor more,As a bartender.
I waseithernor
allowedordiscouraged
fi'omtakingtake30 minutemealbreaks
or l0 minuterest

D e c l a r a t i oonf K e v i n H o o k e r

breaks' This alsowas true fbr the otherrestaurant


employeeswhom

whom I interacted.

6.

that

allowsfor "phasein" time (i.e.,someoverlapping


shifts)so thatthe enrploy,ees
cantake

restbreakswithoutserviceto thecustomers
suffering.Nothinglike thateverhappened

at Trump NationalGolf Club. Thereneverwasany suchscheduling


(eitherwhenI was

a bartenderor a manage)and I neverheardanyonetalk aboutsuch


scheduling(i.e.,
"breakingin" employees).

I
10

WhenI was a barlender


at theTrumpNationalGolf Club,the longestmealbreakIever

il

took was abouttwenty minutesand the longestrest breakI took


was probablyfive

1 1

minutes. No one was everavailableto covermy spotat the bar,


and it was my

I L

:' i; : R
"E'

BecauseI haveworked in restaurants


sincemy youth (l still work in a restaurant
today).
I know that it is customaryin this businessto scheduleemployee
shifts irr a way

I saw,andwith

t a
I J

understanding
from the lackof anyonewith bartending
skills who coulcJ
covermy

l4

fbr me and the "alwaysgot to be on call and working your hardest"


culturcar

thatmy breakshadto be fbr theabsoluteshorlestperiodpossible


or elseI wouldbe

L J

3 9r 5i o9
^

rf d>'
o i S

t6

F.

17
t8

duties
'l'rump

sub.j
ect to consequences/reprimand/discipl
i ne.

8,

I don't rememberwhen,but employees


HeatherThornpsonand CourtneyDivoreneacli

19

told me (separately)
aboutreceivingdirty looks from managerswhen they wereseen

20

takinga break.

?.1 9

WherrI was a bartender.


my managers
includedSueKwiatkowski,ChuckWest.Hayley

?.2

Strozier,and Luis Estrada.I onceheardMs. Kwiatkowski


tell otheremployees
who

?.3

weretaking a breaksomethingto the effectof "Hey Gang,


let,s get backto work.', Ms,
,

1A

LA

Kwiatkowskihad not askedwhethertheseemployees


hadreceivedtheir

fLrlll0 minutes

l5

or 30 rninutes(l can't rememberif theywerehavinga rest


or mealbreak), lge'erally

,:,6

knew Ms' Kwiatkowskito be a pleasant


andniceperson,and I do not know if shehad
beentrainedon this issueor knew how long breakswere
supposedto be or how
empioyeesshouldbe treatedwith respectto their takine
breaks.

2.7
28

Declaration
of KevinHooker

r0

2
3
A
L+

In fact,I neverheardanymanager
at Trumpaskemployees
if theyhadcompleted
their
full l0 minuterestbreakor 30 minutemealbreakbeforedirecting
thernro gerbackro
work' I alsohaveno ideaif anyof theothermanagers
wereevertrainedaboutthelaw's
requirements
regarding
mealandrestbreaks,
onif theyappreciated
theconsequences
of'
theiractions.

6
7

talkedto me aboutthe importance


of makingsurethatnon-exen"rpt
emplovees
received

their full rest breaksor meal breaks.Nor did anyoneever talk (eitherto me or in

presence)aboutthe importanceof encouraging


employeesto takefull l0 minuteresr

il

breaksor 30 minutemealbreaks.

o < - o

B 9s 6! o9
^

rf d>
. . e E

12.

oo

",o
) , i ! o
(o-: s!

my

r0

1 a
IJ

Throughoutmy employmentat 'frump (bothas a bartender


and manager).
no oneever

12
::

lt.

As the restaurant
manager,I wasnominallyin chargeof the kitchen,althoughthechef'
supervisedits workers. But becauseI would haveoccasionto go into the kitchen
from

14

time to time to follow up on thingsor helpout, I know from havingseen


theway it was

15

run and interacting


with the chefandotherernployees
in the kitchentharrhekitchen

l6

workersalsodid not receivetheopportunityto take l0 minuterestbreaks


or 30 minute

T7

meal breaksand sufferedfiom the samepressure/culture


that dissuadedme and the food

r8

serversand busboysfrom beingableto do so.

1 9 13.

I tried to be more generous/considerate


to the employeesunderme

20

club'srestaurant
manager'.
Nevertheless,
because
(a) I did not know abourthe law on

2t

thesepointsand (b) the club'scultureandthe pressure


on me from the managers
above
me to haveeverythingrunningat a top level,I still endedup pushing
or causingthe

22
.t3

when I was the

employeesundermy directionto takerestbreaksthat were shorter


than l0 minutesand

.,A

meal breaksthat were shorterthan30 minutes.

2.5
26

Throughout
my employrnent,
r noticed
thatwhenever
Donaldrrump wason the

?l

premises'
theretypicallywereyounger
andprettierhostesses
working.I alsohearcj

28

femaleemployees
discussing
howthiswasthecase.

ill

D e c l a r a t i oonf K e v i n H o o k e r

Oct

1r+ 2OI 1 5: 33pl"l

15.

LRSERJET

FFIX

p.4

Therc was a great deal of exta pressure whfllevff Mr. Trump was on tle premises.
Evoything had to be perfect, [t was a rcal "shos/' wh@ever he was there.

Jqey Kim's o{omoflo4 tq mansEer

3
4

HP

16.

Finally, at ssme point while I was working at the club, Joey Kiur was promoted to being

a rnanager who supa'vised the valets. Although I did not intsrpt with Mr, Kim much, it

was clcar frorn when I did hear hirn and the valets interact that ftey werc under his

direction or authority and that he rvas a real managerwith manage,tialresponsibilities.

8
9
l0

I declancundr penalty of perjury under the laws of the Stat of Califomia that the

foregoingis true andcorect andthat I executedthis declaxation


on OcwaerU.zOtt.

ll
12
13

t4
15
L6
11

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l9
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2T
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23
24
25
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27
28

Declaralion

of Kevin Hookcr

StaciaSolis

I
2

Declarationof StaciaSolis
My nameis StaciaSolis. I havepersonalknowledgeandif calleduponto do so would
andcouldcompetently
testifoto the following:

I am a former employeeof the Trump NationalGolf club ("Trump"), whereI worked

from approximately
July 2001throughMay 2008. Myjob endedwhenI waslaid off

with aboutsevenothermanagers.

Duringthe first partof my employmentat Trump,I wasan "executivecoordinator"and

my dutiesconsistedof helpingthe generalmanagerin the cateringdepartment,Between

approximatelyJanuary200,4andMay 2008I was the restauranteventmanager,with

10

dutiesthatconsistedprimarilyof helpingto bookandcoordinateprivateparties.

ll

During the time that I was the restauranteventmanager,Lucy Messerschmidt


workedas

l2

a hostessin therestaurant.

l3

Duringthe time I wasthe restaurant


eventmanager,I would sometimes
seeemployees

I A
IT

takingsmokingbreakson theclub's loadingdock,but thesebreakswereusuallyshort-

t5

perhaps3-5 minutes.

l6

Duringmy employment,
I oftenheardemployees
gossipingaboutwhich personwould

t7

be servingDonaldTrumpr.vhen
he atein the club'srestaurant,In my experience,
it was

l8

alway! a goodlookingwoman. Sometimes


thewaitressassigned
to serveMr. Trump

l9

wasattractive(or "hot") but not oneof our betterwaitresses.

20
21

I declareunderpenaltyof perjuryunderthe lawsof the Stateof Californiathatthe

22 foregoingis trueandcorect andthatI executedthis declarationon March


23 Beach.California.
24
25

z6
27
28

Declarationof StaciaSolis

" 2009 in Lons

SueKwiatkowski

.v

Declaration of Sue Kwiatkowski

l.

My narnLe
is Sue Kwiatkowski. I havepersonalknowledgeand if calledupon to do so

would and could competentlytestift to the following:

I am a former employeeof the Trump National Golf Club in R.anchopalos Verdes. I

worked there initially from aboutFebruary2001 (when it was the OceanTrails Golf

Club through about october 9,2009. During my employment,I worked as a food

server,restaurantmanagerand seniorrestaurantmanager. My managerialduties

includedsupervisingthe food seryers,hostesses,


runnersand bus boys.

a
J.

10

Below is a recentphoto of me (so that the Court can have a mental image to accomoanv
my testimony):

11
t2
1 a
I J

t4
15
t6
t7
18
I9

mealand restbreaks
A

Duringthetime thatI workedasa server,I wasnevertold or encouraged


by

20

management
to takethefuIl 30 minutemealbreaksor 10minuterestbreaksthatI now

21

understand
Californialaw entitlesemployees
to receivewho haveworkeda certain

22

numberof hoursin a day. If a customerneededserviceandI wason a break,I hadto

^a

hurrybackto work evenif my mealbreakhadnot yetreached30 minutesor a restbreak

ZJ
.,, A
LA

hadnotyetbeen10minutes.

25 5 .

WhenI becamea manager,


I receivedno trainingaboutemployeerightsregarding
meal

26

or restbreaks.It wasmy impression


thattheattitudeat the Club wasthatbreaksro ear

27

or smokea cigarettewereprivileges(in partbecause


we providedfreefood), As a

28

result,I neverhada policyor planby whichI hademployees


schedule
theirbreaksor

Declarationof SueKwiatkowski

otherwiseco,. ,unicatedto them that they were entitle, .l take a full (paid) 10 minute
I

rest break for every four hoursthey worked or a full 30 minute meal break after having

worked six hours.

a
J

I rememberon someoccasionstelling hostessLucy Messerschmidtto hurry up from a

break,althoughI do not rememberhow long shehad been on the break.

When Donald Trump was on the premises,I and the other managersdid not schedule

any breaksfor the staff. This was for severalreasons.First, we were concemedabout

meetingMr. Trump's high performancestandards.Second,I (and the other managers,

with u,hom I discussedthis) knew that Mr. Trump did not like to seeemployees

standingor sitting arounddoing nothing and that if he did he might concludethat we

10

were overstaffing.

1 1 8.

I also never receivedany training or educationaboutmeal or rest breaksafter I became

1 ^

LZ

seniorrestaurantmanager- at leastuntil January2009 (which was shortly after Lucy

1 a
IJ

Messerschmidt's
lawsuitwas filed), Had I beentaughtwhat the law requires,I would

1 A
IT

have madesurethat employeeswere educatedthat they had the right to take their breaks

15

and would have worked to preventactionsand policies that preventedor

T6

discouraged/dissuaded
employeesfrom taking their breaks.

T7

Throughoutmy employment,the Club's policy alwaysrequiredhaving a hostesspresent

18

at the hostessstationat the front entrance.

T9
20

DonaldTrumpalwayswantedgoodlookingwomenworkingat theclub. I knowthis

21

because
onetime he took me asideandsaid"I wantyou to getsomegoodlooking

22

hostesses
here.Peoplelike to seegoodlookingpeoplewhentheycomein."

ZJ

11.

As a resultof this andothercommentsby Mr. Trump,I andthe othermanagersalways

24

triedto haveour mostattractivehostesses


workingwhenMr. Trumpwasin townand

25

goingto be on thepremises.
for scheduling
[I myselfwasnotresponsible
thehostesses,

26

but I sometimes
discussed
it with theothermanagers.]

27
28

12.

I cannotthink of anywomenoverage40 who everworkedwhenMr. Trumpwason


siteotherthanLucyMesserschmidt
andperhapsa hostess
namedMaral(whoselast

rqv
Declaration of Sue Kwiatkowski

nameI cannc Jmember).

1
2

I declareunderpenaltyof pe{ury underthe lawsof the Stateof Califomiathatthe

a
J

foregoingis true and correctand that I executedthis declarationon October


l,b , zoog in Santa

Monica, California.

---->

5
6
7
8
9
10
11
T2
1 a
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T4
15
I6
1 1
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26 1
I
a1

- '

I
|

28 1

Declarationof SueKwiatkowski

<--^

TanujaKhartri

L.--.

,_)

Declaration of Tanuja Khatri

My nameis TanujaKhatri. I havepersonalknowledgeand if called upon to do so

would and could competentlytestify to the following:

/1

I am a former employeeof the Trump National Golf Club in RanchoPalosVerdes,

California. I worked there initially from about November 2007 (when I was 16) through

approxirnatelyNovember 2009 (when I took a leave of absencedue to my spendinga

semesterstudying in Paris, France). During my employment, I worked primarily as a

hostess.

Below is a recentphoto of me (so that the Court can have a mental imageto accompany

10

my testimony):

11
1?
1 a
IJ

T4
15

r6
17

when I workedthenight shift,I usuallywasscheduled


to work from 3 p.m.to 9 p,m.-

18

but in factoftenworkedmuchlaterbecause
we werenot allowedto leaveuntil all

t9

customers
had finishedeatingin thediningroom. WhenI workedon theweekends,
my

20

schedule
typicallywas7 a.m.to 3 p.m.

2I

WhenI washired in the fall of 2007,neitherof the managerswith whom I met (or any

22

othermanagerat a latertime) told me anythingabouttakingthe 10minuterestbreaksor

L)

30 minutemealbreaksto whichthatI understand


employees
in Californiaareentitled

1A

basedon thenumberof hoursworkedin a day. The only topicdiscussed


wasthe

25

employeedresscode. EithermanagerChuckWestor managerSueKwiatkowskigave

26

me a copyof theclub'semployee
handbook,
but it wasdonein a perfunctory
way and

27

withoutanyinstructions
or message.This experience
significantlycontrasted
with my

28

experiences
at otherjobs,whereI wastold to readandstudythe emploveehandbook

LA

'T.(
Declarationof Tanuja Khatri

and perhaps. en be quizzed on it.

Working at the Trump National Golf Club was a high pressurejob. There
was alwaysa

messagefrom our managersthat we had to provide the best/topdining experience.


As a

result,the pressurewas alwayson. This was even more true when Donald Trump
was

A
-?

on the premises.

rest breaks

Before Lucy Messerschmidtfiled her lawsuit in December2008, I never received


the

opportunityto take a 10 minute rest break. If I was the only hostessworking, manager

SueKwiatkowski would sometimesask me if I neededa bathroombreak. If I said

"yes", shewould agreeto cover my stationfor me (therewas a policy that


the hostess

10

podium at the front of the club by the front door was never to be unattended)but
at the

11

sametime would tell me throughher words, tone or body languageto ,,hurryup.,, As a

12

result,the longestrest breakI ever took beforethis lawsuit was filed was about3

13

minutes. But I estimatethat this happenedonly about25o/oof thetime that I was

L4

working alone at the hostessstation. The other 75o/oof thetime, Ms. Kwiatkowski

15

would not ask me about a break- with the result being that I would work a full shift

16

without getting a rest break of any kind.

l7

8.

If I had anotherhostesson shift and working at the hostessstandwith me, no manager

18

would ask if I neededher (or him) to cover and we could go to the bathroomon our

t9

own' llut becauseof the constantmessageconveyedfrom managementaboutthe need

20

for "perfection" and the potentialfor disciplineif we fell short or were perceivedto be

21,

"slackingoff," I would still rushback to my stationas soonas possible(as


opposedto

22

taking a full 10 minute break).

ZJ

Meal breaks

1A

Before Lucy Messerschmidtfiled her lawsuit,no one ever told me that I had the right
to

25

a full 30 minute meal break on dayswhen I worked 5 or 6 hours or more. Although

26

Trump would provide me and the other employeeswith leftover food (usually l-2
days

^n
al

old) to eat,the managersalso alwayspressuredus to eat as quickly as possible


and

28

return to work. On multiple occasions,managersapproachedme while


I was eating

lr
Declarationof Tanuja Khatri

(with food L- .ny plate) and asked"are you done?"


L ^ said ..yer,,,I was told ,,goback
I

to work" without any inquiry about whether I had received 30


minutes to eat and rest.

Managerswho did this to me include Sue Kwiatkowski and Jennifer


Brennan.

10.

To the best of my memory, the rongestbreakI ever got to eat a meal


beforeLucy

A
T

Messerschmidtfiled her lawsuit was about20 rninutes.

At one point, I worked as a "busser"for aboutthreemonths. I did


so at my request

becauseI hoped it would leadto a promotion to being a food server


and having the

chanceto make tips. During this time, I also did not receivethe rest
or meal breaksto

which I understandthe law entitledme, and my managershurried and pressured


me and

my "bus boy''colleaguesto "work, work work" in generallythe same


way as when i

10

was a hostess' Suffice it to say,we were discouragedfrom taking any


more time than

11

was necessaryto eat or go to the bathroom(or take a break for anything


else,like

t2

smoking a cigaretteor making a personalphone call).

13
T4

LZ.

After l,ucy Messerschmidt


filed her lawsuit,therewasa changein how Trumptreated

15

usregardingmealandrestbreaks.Theemployeeschedule
startedincludinga

IO

designated
time to eata meal. And, all of a suddenour managers
startedapproaching
us

I7

andaskingif we hadtakenour 10minutebreakyet. If we said"No," we weretold to

l8

takeit. Nothinglike this everhappened


beforeMs. Messerschmidt's
lawsuit.

19

After Ms. Messerschmidt


filed her lawsuit,I attended
an employeemeetingat theclub

20

in whichgeneralmanagerDavid Confortisarcastically
saidsomethingto theeffectof

2l

"If'you don't like the lackof flexibilitynow in yourschedules


with whenyougetto take

22

a break,thankyour formercolleagues
here.',

aa
LJ

1 A

Throughoutmy emploFnent,the Club'spolicyalwaysrequiredhavinga hostess


present
at the hostessstationat the front entrance.

24
)5

26

15.

It wasmy experience
thatthemostof thehostesses
wereyoung,attractivewomen.

27

Once,andbeforeLucyMesserschmidt
filed her lawsuit,managerChuckWesttold me

28

thatDonaldrrump "likes to seefreshnew faces"at the club.

Tt<,
Declarationof Tanuja Khatri

./1

I also consti -,y heardfrom my co-workersabout


hor, --lonaldTrump liked to see
younger women working at the Club.

It was my experiencethat wheneverDonald Trump


was at the club on days that

working there, most of the female employeesworking


were the younger and prettier

/l
-?

I was

ones' I did not seethat all the youngerand more handsomemale


employeesalso were
working when Mr. Trump was at the club on days that I worked.

6
7
8
9

I declareunder penaltyof pe{ury underthe laws of the State


of California that the
foregoingis true and correctand that I executedthis declaratiql-o6March

10
11
I2
13
1 A
T A

15
16
T7
18
19
20
2I

22
ZJ

24
25
26
27
28

Declaration of Tanuja Khatri

Andrew Plumley

Andre,wPluuley.declareasfollorvs:

7
-)
J

I havepcrsonalliutlri'lcdrco1'thelactshereirr.
andif cailedasa rr,ilrress
I coulcl
a n i li r r r L r lcdo n i p c t c n t lr.r\: . s l i ft lo t h en r

t+
5

I was eniplo5'ed
b1'Tn"rmpNationalcoif club ("'frump") in 2006 as a valet,M-v
shiftsrrsr.ralil,
lasredaboi-ttsix to eighthours. I tvpicall_v
rvorkedaLroutforir davss r,,'eek
'1-lttoughoLtt
t t i i e n t p l o \ ' n r e nI td i d n o t r e c e i v ea l l n r 1 ' m e a la n d r e s tb l c a k s . l d c r

t)
7

n ( ) rt c c n l b
l t ' i n gp l o v i d e da r l \ t r a r n i n e
o r i n s t r u c t i oanb o L rt h
t ec o r n p t r n r ,p' s9 l i c 1 ' r e g a r d irnnge a l

andrestbree*sL)rtl'relau'. I rvasinlbmredby co-il'orkcrswhen Inas hired.that I neededto get

penxissioitt0 tal(ea uleal 0r restbreakor leavethe premisesof ihe golf course.

r0

4.

I kneu,thalTrunrpplovidediiee tbod hut sometirnes


it rvasallgonebr thetinre

1 1 n t " tl e l l o uc o - r l o r k e ras r t dI w ' o u l call r i v e .O c c a s i o n a l lhl ,r r r v e v eIrd. i d e a tt h i sf o o d . l l e f o r eI


t 1
L L

did s,:.I hadto asktnv lrlanager.


JoevKirn. fbr pemrission
to go.and it u,asunderstood
thatI hacl

1 a
t a

t0 comebackas fastas possible.and r.veoftent'inishedeatir:gin well under30 rninutes.

14

5,

\'lcal nnclrestbreakswerenoi scireduled.


I do not recalleverbeingtold u'hento

!\'c\\'creolicn too busyto takcnrealor rcstbreaksbecarrse


1 5 taiiemealor festbrcaks.ivloreover.
of

l6

tlteflon oi'ciLslotrters.
andat suchtiurestakiuga meaiol restbreakwouiclhaveliurrthequality'

l1

of'sc't'lice
t()or"trgllests.Ido no'trecalleverbeingaskedb,umy managerif'] haclreceivecl
nry

18

mealol restbleaks.

'I

6.

I askedto takea breakon severaloccasions.


and rn1,rnanageftold rneto hr"rn.y

20

backor to nrakeit as qr"rick


as possibie.Occasionally.
,loe.v
Kirn.my rnan.ager,
r.vould
tell rnethar

2l

l c o r r l d nt"at k ca hreaki1'[rusiness
wastoobusr,,
[ivenif permined.I
oftenfeltridiculecl
bv sighs

??

anddirn' looks*'henI asked


to takea break.
7,

:\ co-r.vorker
nzrmed
DavePen'yalsor.vorl<ed
asa valct. He wasa l<norr
ledgeable

24

andsteacllast
worket'. Ml. Perr-vwasvery outspokenaboutCalifbmialarvancloul righL.as

l5

emplorecs,
to takentealitndrestbreaks.F{einfirrnreci
me thatlclid not needto asktbr

26

pcrrnission
ll'orl nranagentenr
to uselherestroont.

?1
!6

D[('LARAI'IONOFr\NDI{l-W Pt-{-M LEY

lvll,ntanaeerseetredobsessec'l
u,iththe 1'actthat tirisrvasDonalciTrLunp'sgolf

courseu'iththe bcljcf Iv1r.T'r'Luttp


vr,ouldn't
likc it if hc sawentploy'ees
sittingaroundbe.cause
he

r,r,ould
thirrktlregolf coursew,asinefficientandovelstaffed.

g.

\ \ ' h e nI d i d t a k ea n r e abl r e a ki.t w a sc r l i e nl u s h e dI. a t ea sq u i c k l , , , apso s s i b l ei n,

o t d e t o c l u i c k l ;f e t L l r n
t o n o r k . I n e v e lh a r la t u l l , u n i l r t e n ' u p t3e0dt l i n u t e st o e a ro r a [ r " r l ] ,

ttttinierrupted
to takl'a festbreak.!1r. Kinr gavetheimpression
I0 minr-rtes
thatit r.r,as

unacceptallie
to standaroundto festor eat. He oftenaskednte u'h.vI rvasstandingaround.

Sonrctimes
rvhern
there\\'?tsn't
anr.firodavailable
at theclub.m),co-\\'orkers
and I ri,oulcl
an.nnge

foo4tu',t wheteone pefsonw0ulclpick up foodat a neafb)'restaLlraitt


anclbiing ir backfor

r0

e\,er)'otte
elsrr'.
Sotnetiniesnrairereers
or-e.anized
these{bod rr.rns.
assigningone eurployee
as the

l1

lbod-rLurrrer.
participalein the foodmn. ,,-\ssoonas we got theJ'ooci,
Somelimesthe,vrr"or"rld

12

ever\'one
atc it asthe;,rvorkedor monrentalily
duckecl
trutclf'vievv
ol'custonters
iu orderto

li

discrcellv
cat belrlreretlinrirrg
to r.r'ork

l4

l0

I do not rec:allcverbeinginstructed
Loclockout [.ormeai breaks.I tlL notlecall

15

cloclcingout fbLthem.lVlymanagerne\ieraskedme whetherm,vtirnerecordswereaccuratq


or

1 / '

ivhethcrthe factthat I had not rrrcorded


a mealbreakrvasaccurate.

lo

l1

tl.

I d i d n o t r e c ei v e o n eh o u r ' sp a 1f o l e a c hr " n e aolf r e s tb r e a kI m i s s e d .

I8

ll.

l\s a valet.I regularll'receii'ed


tips,rvhichvverepooledamongemployees.
During

lo

my employmenf1 noticedthat m1'managerlvouid shareiu tire tip pool" and becausehe would

20

r'r'orkmorelroursthaneveryoneelse.he q,ou]dget the lalgestsharcof the tips,

?l

11.

t i n r b u r s e tAl .l t h o r : g l r
I a l s oi n c u r r e dc r p e n s eosn t h ej o b f i r rw h i c hI u ' a . s nr' e

?2

1'runrpsaveme tlie flrstone li'ee.tlreshirtclegr:Lcled


in tlresumnrer.
I ueedecl
to get nervorres.
iind

?3

thoseI hadto hul nr1'sell',


I boughttvvoshins.

/+

l4

purposes,My rnanagerand other


I olien usednr1.cellphonefor busines)^

25

enplo;"ees
rvouldoftendependon cellphones
io conrrnuuicarte
regardingjobtasks.r'erib'wewere

LO

on theplemises.
andfor scheduling
shifts.

21
/6

l5

I u,asunau'are
of Trump'sreinrbulsemenl
llolicy:no oneever:told me thatI could

be reirnbr.rrsed
fbr the expenses
I incuned.
DECLARi\ TION OF An-D Ri:W Pi,t-ril.{l.[ Y

I
l

J declareu r r d epr e n a l t vt r i p c r l u r rundelthe larvsrrf the Stateof Calilbrniaihatthe


tbregoiirgis rnreiind ccln'ect,

E ,re cL rte
th ids {3 ci a vo f'Julv.20l2.
ar Los

,:I
Plumlev

6
7
t{

9
t0
ll
12
I J

t+

15
l6
t -

I I

l8
10

20
2l
'')a

23
l4

?5
26
21
28
DECL,AIIAT]ON
W PLUMLIY
OT'ANDITI

Cahfbrnia.

CynthiaReyes

I, CyrnthiaReyes,declareas follo*,s:

3
4

Ihave personal
knowledge
of thefactsherein,andif calledasa witnessI could

andwouldcompetently
testifuto them.
2.

I w a s e m p l o y e bd y T r u r n p N a t i o nG
ao
l l fC l u b( " T r u m p " i)n 2 0 0 8a sa f l o u t esr o u s

c h e ff b r t h er e s t a u r aannt db a n q u e t sI .i v a si n t e r v i e w ebdy t h r e ep e o p l e D
: a v i dC o n t b r rti h
,e

actingexecutive
chef,andanotherperson.Iwas promised
an hourlywageof $19perhourand

afterthreetnonthsa raiseto $25perhour. Instead


I wasonly paid$12 perhour. My shifts

u s u a l lsyt a r t eadt 8 o r 9 a . m .( a n ds o m e t i m eesa r l i e r a


) ,n de n d e da t a r o u n d8 p . n r . ( a nsdo m e t i m e s

later).I workedon averagefburdaysa week,

l0

3.

T h r o u g h o umt y e m p l o y m e n
I di i d n o tr e c e i v a
e l l m y m e a la n dr e s tb r e a k sl.w a s

of a breakroomat thegolf club. I wasneverprovidedanytrainingor instruction


1 1 nola\\/are
1
1
L L

regarding
policyregarding
thecompany's
mealandrestbreaksor the law. I wasawarethrough

to leavethegolf courseto getlunchhowever,


1 3 attempts
thatat no timecouldI [esysrhenremices

I4
15
lo

of thegolf courseduringmy shiftwithoutpermission


frommy supervisor.
4.

M y s u p e r v i s ot or l dm et h a tT r u m pp r o v i d e ldr e ef o o db u tl w a s n o tt o l dw h e na n d

w h e r et o g e ti t . I b r o u g h[tu n c hf r o mh o m e .I a l w a y sf l n i s h e e
d a t i n gw i t h i na b o u tl 5 m i n u t e s

it wasbusyandmy supervisor
T 7 because
rushedmebackto work.

r8

5.

Trumpneverscheduled
mealor restbreaks,
staggered
shifts,or instructed
us how

1 9 i o s t a g g esrh i f i so r - r r s e l v eNso. o n ee v e rr e l i e v eedm p l o y e et os t a k em e a lo r r e s tb r e a k sN, o o n e


20

evertoldus whenu'ecouldtakernealof restbreaks.Moreover,


we wereoftentoobusyto take

2T

mealor restbreaksbecause
of theflow of customers,
andat suchtimestakinga mealor rest

22

breakwouldhavehurtthe qualityof serviceto our guests.Evenwhenit wasslower,my

23

supervisor
wouldcontinually
giveustasksto performthatmadetakingmealor restbreaks

24

d i f f i c u l t .M y s u p e r v i s onre v e a
r s k e dr r e w h e t h eIrh a dr e c e i v em
d y m e a lo r r e s tb r e a k s .

25

6.

26

s i n i n ga r o u n d .

21

1.

28

I heardmanagers
talkingabouthowTrumpu,ouldn'tlike it if hesawemployees

WhenI did eat,it wasrushed;


I ateasquicklyaspossible
andreturned
to work. I

n e v ehr a da f u l l .u n i n t e r r u p t e
3d
0 m i n u t et o e a to r a f ' u l l u. n i n t e r r u p t el 0d m i n u t e tso t a k ea r e s t
D E C L A R A T I O NO F C Y N T H I A R E Y E S

break.I wasarvareof sorleof my co_wcrkers


goingon fooclrungwhereonepersc)n
rvoulcj
pick
up fiiotl at a llearbyre'st&urant
andbringit liackfor everyoneelse.sometimes
nanagersorganized
thesefoodruns,assigning
oneemployee
asthe food_runner.
8'

I neverreceived
themealbreak
premiumof onehour'spayfor eachmealor rest

breakLmissed.

6
7
6

i declareunderpenaltl,of per;uryunderthelawsof theState


of Caiifornia
thatthe
tbregoing
is truezurdcorrect.

9/4 ,catifomia,

9
10
I

,"'")

L l
1 a
).L

13
14

t6
t l

iE
iLt

20
?L
22
at

1A

LJ

)'7
1(,

L6

DECLARATJON
OFCYNTHIAREYES

DamionLiu

D e c l a r a t i o no f D a m i o nL i u
l.

3
4

My nameis DamionLiu. I havepersonalknowledgeand if calleduponio do so,


would and could competentlytestifl,to the following:

2.

I was employedas a busserat the restaurant


at the Trump NationalGolf Club from

approximately
2007to about2009. I typicallyworkedsevenor eighthoLrrs
in a shift.

The managers
I dealtwith wereMartoMurillo.ChuckWest,L,ouisEstrada.
andSue

Kwiatkowksi.

3.

So ttratthe Court can havea mentalimageto accompanymy testimony.below is a


recentphotograph
of me.

l0
il
t2
t {
u

N:.

5 , 1Po
_

^c.;s

o i . -

i s! 9
^ 9 6 -

,'iA>. J : "
e E
",

t4
l5
16

c - a

t7
l8
t9
20
2l

L a cko f 3 0 Mi n uteMealBr eaksor l0 m inuteRestBr eaks


4.

I neverreceived
a 30 minurte
mealbreakora l0 minuterestbreakwhilew'orking
at

22

Trump.Themanagers
alwaysgaveoff theimpression
takinga break
thattheemployees

23

to eator restwasa luxurythatwasaffordedonlywhentherewereno custonlers


or the

24

restaurant
wasslow. Therewasanatmosphere
at Trump,comingfromthemanagers,

25

thatif youwereto takea breakwhentherestaurant


wasbusy,youwerenota good

26

got.
worker.Themanagers
whichshiftseachemployee
madetheschedules
anddecided

21

gavemore(andat better/more
FrornwhatI observed,
themanagers
desirabletimes)

28

in part.thatthe
whomtheylabeled
hardworking(meaning,
shifisto thoseemployees

of DamionLru
Declaration

i
2

N x

5 . : e o
: ; o g
I s i 5
^ I 6 .Y X5 e : .
. , . 2
F

5.

was busy).
employeedid not takebreakswhen the restaurant
'l'he
was
was br:symostof the time whenIworked. Whenthe restaurant
restaurant

The tablebussershadto not only cleanthetables.


br-rsy"
our work was very t'ast-paced.

getcoffeefor customers,
but alsomakecappuccinos,
and similartasks. If we wereto

takea restor meal breakwhen it was busy,the waiterscould get overwhelmed,the

cllstomerswouldn't get their coffeeordersfilled, and new customerscoLrldnot be seated

at the dirly tables.The work levelwasso highthat,withoutsomeoneto covermv

affectingthe productivityiprofitability'
duties,I couldn'ttakea breakwithoutnegatively

of the entirerestaurant.I knew the managersdid not want that. However.the managers

t0

did not set up any systemso that my workloadcould be coveredwhen it was busy,

il

vvasto not takebreaks


theonly alternative
allowingme to takebreaks.l-herefore"

t2

was slow. I was nevertold by a managerthat I courldclockout and


unlessthe restaurant

r3

eata meal if I wantedto or that I had a right to paid restbreaks.

14

6.

Even when businesswas slow enoughto takebreaks,I nevertook a 30 minuterneal

l5

message
I receivedfrom
breakbecause
Iwas afraidto do so as a resultof the consistent

i6

my managers
basedon whattheydid (anddidn't) sayto me, I neverhcarcla manager

1l

me (or
tell me or other ernpioyees
to takea break. Nor did a managereverencourage

t8

anyonein my presence)to takea break, Rather,my managersconsistently

19

was not
comntunicated
to us thal theyneverwantedus to sil idle, eve:nif the restaurant

20

manzrgers
would give us tasksto
busy. Forexample.if therewerenot manycustomers,

21

do. Or, when it was slow on the f'loor,managers


oftensaidto me, "lf you^renot doing

22

anythingbehindthe scenes.
we wantyou on the floor." I heardmanagers
Sue

a1
L)

Kwiatkowski,Chuck West,Marto Murillo, and Louis Estradla


all say "We wantyou on

24

the floor" or "we needyou on the floor" manytimes. The managers


regLrlarly
told us in

25

staff meetings(all managersusuallyattendedstaff meetings)that we had to keepthe

26

standards
with the"Trump" name. Theyfurthercommunicated
associated
thathaving

27

multipleemployees
on the floor at all timeswas a way to showexcellentcustomer

28

servicein accordance
with the "Trump" name, In my experience,that was unheardof,

D e c l a r a t i oonf D a m i o nl . i u

It was my experience
that if a managersawemployees
on the:loadingdocl<(onelocation

we werepermittedto eator smoke).especially


if therewasany work at all thatcoLrldbre

a
J

done,theywould tell the employee(s)


to getbackto work.

7.

For example,one day I was eatinga quesadillaquickly at the loadingdock. Manager


Marto Murillo approached
me and saidsomethinglike, "We needyou on the floor right

n o w . " I h a d t o s t o pe a t i n ga n dg o b a c kt o w o r k i m m e d i a t e l yM r . M u r i l l on e v e rs a i d

whenit
anythingto me aboutgettingcontinuemy breakat a latertime or takea breal<

wasn't busy. Nor did he acknowledgethe fact that I had a right to a certainperiodof

time to eator rest. As a result,Iworked throughthe restof thatshift with no breaks.

l0

c
u N :

i;"-.
r 3:
-

-c.6s

o a,3 sF
Q
5 m
^

(as
Whenit was busyat Trump,I typicallytook no breakexceptto go to the bathroonr

ll

quicklyas possible)or to taketwo to threeminutesto eata pieceof bread.ln my

t')
I L

experience,
the only reasona nlanagerevercameto the loadingdock areawasto

1 a
I J

usually
surnmonemployees
backto work. The loadingdock was wherethe employees

14

went to take breaks,so rnanagers


frequentlywent out thereto tell them to get backto

l5

work. ln my experience,
theyneveraskedif we wereon a break(or when it would be

lo

over). Instead,theyjust told us to returnto work.

rfd>-'
^ , . i
F

8.

t1

9.

I a n t n o ta s m o k e rb, u t a f b w t i m e s ,I w e n t o u t s i d ea n ds m o k e da c i g a r e t t e . i ussot I c o u l d

18

get a break. lt was my experiencethat managerssometimesreactedwith rnore

l9

if an ernpioyeewas seensmokinga cigarettethanjust takinga breakto


understanding

20

rvoLrld
havesaid
rest, If'l went outsidejust to sit andrest,I expectedthatthe managers

2l

sornething
to me like. "What areyou doing? You'rejust sittingthere." Thatis theway

22

I heardthem reactpreviously.

23

10.

Sometimes,the managerswould let us eatif the restaurantwasn't busy.but it was

24

alwaysreallyquick, I would eatin five to ten minutesand returnbacklo work. When

?5

werehungry.we would haveto wait


was br"rsy
the restaurant
arrdI or otheremployees

26

u n t i l i t s l o w e dd o w n .

27
28

11.

Therewere many dayswhen the restaurant


was busy for the entireshift. On thosedays,
just pushedthroughand got somefood to eatfor lunch ordinner al'terrny shift
I usr"raily

Ill

Declaration
of DamionLiu

(l got no restor mealbreaksfor my entireshift). I typicallyworkeclfourdaysa


encled

wouldbetwo of thosedays.WhenI worked


FridayandSaturday
weekandfrequently

Fridayor Saturdayshifts.it was very rarethat I would get a breakto eatdurringmy shifl

to eaton my way to work on Fridaysand


at all. I would makesureto getsomething

SaturdaysbecauseI knew that I was unlikelyto get the opportunityto eatduringmy

shifi as I would typicallygetno breaksof any kind. Otherwise,i.flitwas busy,Iwould

just "powerthrough"my shiftanddid not ask for a break. I did not do so in these

sitr.rations
becauseI was intimidatedask the managersbecauseit was clearto me based

9
t0

on their consistentattitudesthat takinga breakwas frownedupon. I expectedthat if I


o.no"or say"yes" bLlt
askedfor a managerfor a break,he or shewould eithersay

1l

lucrative
me for less/less
perceiveme as a slackemployeeandpunishme by schedulirrg

12

shifts.
An Emphasison Women BeingAttractive at Trump

1 1

I J

N :

5. i so
-J B::
-

i E q

o i . -

t4

12.

15

DopaldTrump visited. I noticedthaton dayswherrMr. Trurnpwasgoinglo visit,there

16

when'figer
youngerwomenworking. The samething happened
weremoreattractive,

t7

Woodswas scheduledto be there- and I saw that the younger,more attractivefemale

18

serverswere assignedto servehim.

3 s! i

^ I 6 o.r< x:

O ; E

Duringmy employmentat Trump,therewereseveraltimes'whenI was workingand

c - a

10

l3

at Trump generallyspeakingwereyoungandattractive,Mosto1'the
Tl'rehostesses

20

were in theirlateteensor earlytwenties.I knew that Lucy Messerschmidt


hostesses

21

and regardingher age,shewas in the minority(i.e,oneof the few


wasa hostess

22

to be in her fortiesor older')


who appeared
hostesses

23
)A

25

26
21
28
iv
D e c l a r a t i oonf D a m i o nL i u

I was a busserat Trump for two yearsand wouid regulariyaskedto be promotedto

server(tiris was iniportantto lne as i hada youngc,hildat the trme)" I was consistently

passedover for this.lobwllle youngattractivewoinsn were hir:edeveothough(asI later

cailm to learn from them) tlrey often had lessrestaurantexperjence. Most of the new

serversI saw that were hired wereyoungandattractivewomen,and I often saw that

to be much moretime tlianan


theyliaclto be trainedtbr a week(wliich I considered

like I wouldhaveneeded).
experienced
employee

t0
l l
t/.

Idrlclareunderpenaltyof perjuryunderthe lawsof the Stateof Caiiforniathatrhe


on Way .ffitln.
is rrueandconectancjtliat I executedriiisdeclaration
tirregcrrng

i4
l5
l6
l1
l8
l9
20
2l
LL
a a

L)

')^
LA

25
LO
a1
L I
10
L A

D e c l a r a t i o on l D a m i o n L r u

DavePerrJr

2
3
4

Declarationof DaveS. Perry


l'

My nameis DaveS. Perry.I havepersonal


knowledge,
andif calledupontg cJoso

I rvouldandcouldcompetently
testifyto tirefollowing:
2.

I am a fbrmeremployeeof theTrr-rmp
NationalGolf Club ("Tmmp")in Rancho

PalosVerdes.i workedtherefi'omapproximately
January
of 2006throurgh
Septenrber4,200g.

Dr-rring
my employment,
I workcdasan"outsideserviceattendant,"
alsocalleda .,valet."My

duticsgenerally
consisted
of helpingguests(e.g.,greeting
guests,
can'yingor checking
in golf

bags,pzrrking
thecarsof guests),
openingup theclubfor golfersin theearlymor.ning,
helping

coot'dinaLe
andmanagethe"teeingoff" of threesomes
or fbursomes,
andperfornring

r0
ll

n l t s c e l l a n e ot a
u s k st h a ti n c l u d em
d a n u a l j o bIsi k ep i c k i n gu p g o l fb a l l sa n dn r o v i r rIgu r ' i t u r c .
3,

1'hloughout
my employment
j0at TrumpI ralely,if ever,took tirll, LrninterrLrptecl

l a
I L

t t t i n u t e r m ebar e
l a k s o r p a i ld0 - m i n u t e r e s t b r e a kNso. o n e e v e r e x p l a i n e d T r u n r p ' s p o l i c i e s t o n r e

l3

whenI washircdor at anytimethroughout


my employment,
or my rightto takemealandrest

14

t-r|eaks.
I wersgivena copyof theemployee
manual,whichmentioned
mealanclfcstbrcal(s
in a

l5

generalsortof way but providedlittle or no guidance


aboutthespecificsof whenariclhow to tahe

l6

them,andTrumpmanagemcnt
ncvcrcvcnrcferrcdto it. In fact,I wasgivenno instr.uction
of arry

t7

kinclaboutmealor restbreaks,
not fromtheGeneral
Manager
or thedirectolof'mydeparrnrent,

l8

nor ll'omHit, nor ft'omanyof my managers


or supervisol's,
nor from anyoneelsclbl thatmatter'.

l9

ArrdI soondiscovered
why thesubjectwasconsidered
taboo:you vvereexpected
to keep

20

working.

2l

4.

I learnedthisthehardway andhavebeenlivingwith theconsequences


eversrrlcc.

22

l't'Lrntp
hadabsolutelyno systemin placefor actuallybleakingemployees.Breakswerenever'

ZJ

a a

scfreduled,
employees'shifiswereneverphasedin or staggered
to ensurecoveragcfbr lull

24

breaks"
andmanagers
nevefbroughtup thesubject.Insteadof breaking,you weleexpected
to be

25

at yoLlrpostor performing.iob
dutiesat all times.As a result,if a manager
caughtmeor anothcr

/.o

errtployee
on a break(whether
a mealol restbreak),we almostalwayswouldgetin trouble

21

(r'cprimanded
or disciplined).

28
DECLARATION
O F D A V E S .P E R R Y

5'

This "no bteak"policywasrepeatedly


bornein uponme, My immediate

supervisor
wasa mannamedJoeyKim. On whatIthink wasmy seconcl
dayof'enrplovnrent.
I

hadworkedaboutsevenhourswithouta break.I askerlMr. Kim if I


couldtakemy lunclrbr.eak

attclcatbecause
I washLLngt'y.
Mr. Kim lookedat me andsaidin an increduloLls
tol1c,,,Whar
clo

you tnean?"WhenI explained


how I hadbeenworkingfbr sevenhoursandwantedto havea

cltanceto eatandrestbetbremy shiftended,Mr. Kim ridiculedme in frontof theother

etttployees
by sarcastically
announcing
to everyone
thatI wasgoingto beallowecl
to takemy

Ittealbreak.On otherdays,ltowever,
Mr. Kinr wasnotso "[ipd'r-

rncalbreak,

10
I

6.

andrelirsccj
to lct rrretakca

Throughoutmy almostthreeyearsof employment


managet's
neverappr.oached
me

(or nry colleilgues'


basedon whatI sawor whatI heardfi'omthem)to askif we wanteci
or neeclecl

t2

t o t a k e o u r b l ' e a kI sn .v a r i a b l y , i { ' l o r o t h e r e m p l o y e e s w i t h w h o m l wa op rpkreocale hae c l

l3

mallagelandaskedto takea mealbreakbecause


we werehungry,we weretold "later"witlogt

t4

atiyspecificsof whenthattirnewouldbe,andalmostnevercamebackto relieverne.

l5

7.

Theseactionsandattitudes
by thernanagers
at Trumpcreated
a feelingof constant

l6

pl'cssllfc
lbr usto getbackto work evenwhengivenan oppoflunityto eat. No onccversaici

ll

a l l l r { } 1 i 1 ' t n t o t h e e f f b c t o f " s e e y o u i n 3 0 m i n u t e s " o lr 0" smei en yuot eusi n" o r o l l r e r w i s e

18

inclicated
thatwe werewelcorreto takethefull breaksthatCalifornialaw entitlesusto taKe

19

(something
Iknow fiom havingresearched
thisissuemyselfon the internet).Evenwhengiven

20

theopportunity
to eatthelbodthat'lrumphadprepared
(eitheran employee
mezilor letiover

a l

brunch{bodfrom the Sundaybuffet),I andmy co-employees


hadto wolf it down because
of'the

22

pfessure
to getbackto work.

a')

8.

Nor wasthcrea placewerewe couldtakea 10minuterestbreakor 30-niinute

24

nrealbreakandrelaxwithoutfearof beingyelledat or disciplinedby a manager.'l'herewasan

25

ernployee
breakarea,but heavenhelpus if we weretheretakinga breakandsomeone
neededus.

26

Pltts,vt'ealwayswererequired
to carrya radioor our cellphoncs
andrcsponcl
imrnccliatell,if'

27

c a l l e t l (. S a y i n gs o m e t h i nlgi k e" l ' r n o n m y b l e a ka n cw


l i l l b ew i t h y o u i n X m i n L r r cw
s "a sn o ta n

28

option.)As a result,i andtheotheremployees


with whomI workedinvariably
wouldhaveto
DECLARATION
OFDAVES.PERRY

slleakawayt0 eatandhopethatnoneof our supervisors


caughtus in theact. On dayswhenther.e

w a sa m a j o l ' e v e natn dl w o t ' k e d1 4o r l 6 h o u r st,h i s" n o b r e a k p


" o l i c yw a se s p c c i . l lpvh y s i c a l l y

challcnging.

9'

In orderto continue
workingwhileon dutywe wouldalsosometimes
so on ,,food

l'Ll11s."
wltereoneernployee
wouldpick up food fiom a localrestaurant
andbr.ingit backtbr

evefyolle
else,who wouldconstime
it whileon dutyol wolf it downwhenwe wereoutof the

view of customers.Managers
l<newthatemployees
weregoingon thesefoodrLrnsratherthan

takingregular3O-rninute
mealbreaksbecause
theywoul<lsonretimes
organize
thefoodrunsor

rlakc fbodrunsthemselves
(occasionally
returning
with coldfood). Thesefoodrunsvariedin

l0
ll
t2

t3

lengthbutwereessentially
parlof ourjobdutiesbecause
we werebringingbacklbodlora

il nutttbcrof peopleandagain

because
managers
themselves
sometimes
told us to makethefbocl

t'uns.
10.

Isoon calneto uttderstand,


however',
thateventhefoodfunswerea sor1o1'luxury

l4

lhalcouldnot be indulgedwithoLrt
management's
cxprcsssanction.On February14,2008I was

l5

workirigan afternoon
andeveningshifton thegolf rangeandin theclubhouse.
At about7 p.rn.I

lo

\'viisapproachcd
by anotheremployeenamedBraulioIlernandez
aboutdoinga tbodrun lor pizz.a

I7

attdsandwiches
at a restaurant
in thearea.Mr. Hernandez
askedme to makethetbodrun,anclI

ilt

cousented.

l0

20

iL

WhenI returned,Mr. Confortiwasin fi'ontof theclubhor-rse


lookingrcalangr.y.

Wherlhe satvme he said,"You haveno ideaabouttheconversation


we ale goingto havc

2 1 Iuntt)rfow."I triedto talkto him andfind out whathe wasupsetabout,but Mr. Contbrtircfused
22
aa
L-)

to speal<
to lxe.
12.

The nextday my supervisor


JoeyKim directedme to theofficeof Mr. Conlbr1i.

24

There,he andMr. Conforlihandedme a documentto signstatingthatI wasbeingsuspencleci

/.)

withoLrt
pay tbr fivc daystbr havingleft the premises
withoutauthorization,I ob.jectecl
andtolcl

LO

tlrcnrthatthis was unfairbecause


theonly reasonthat I left thepremiseswasthattherewasno

21

frxccJ
or reliablepolicy for eatingandtakingbreakseventhoughCalifornialaw expressly
requires

28

thatemployr:es
workinga full daymustreceivea 30 minutebreakto eat.
D E C L ,R
N A T I O NO F D A V I ] S P E R R Y

13.

WhenI saidthis,General
Manager
DavidConfortiappeared
to betakenaback.

Mr' Conlorlisaid,"l'm not reallysurewhatCalifornialaw is on breaks."He then


askedrnewhat

I thoLrght
heshoulddo becatrse
entployee
tipswouldgo downif moreemployecs
iver.e
lrir.ed
so

thattheLewasstafl'available
to coverfor othersduringbreaks.I saidwordsto theefibcrof .,lf'

-l

that'sthecase,so be it. Peoplewill seethepositionfor whatit reallyis." Mr. Confortithensaici

Itcplefen'ed
theexistingstaffingpolicy,whichworkedusharderbut alsoresuited
in g'eateriips,

lsaiclsotnething
to theeffectof "You cankeepthestatusquo,butthenrnysuspcnsiol
is

u nl b u n d e d . "

14,

Mr'.Contbrlidid notdirectlyrespond
to this, Instead,
he saidsomething
aboul

l0

havingalreadyspenttoo niuchtimediscussing
thisissLre
andthathe hadto go andtendto other.

t1

matters,My suspension
stood,however,
andI missedfive daysof work asa rcsult(anclso lost

12

olrton rrloneythat I neededbecause


I am payingmy way throughcollege).

1 1
I J

l4

15,

I alsohavebeenretaliated
againstfoLobjecting
to Trump'spolicyaboutbreaks.ln

.lanuat'y
2008my imrnediate
manager
Mr. Kim approached
me andaskedwhatIthoughtof him

1 " 5 asa rllanager.


The question
tookme abackat flrst,but I hadto respond,
so I respondecl
tmthfully;
1 a

to

I saidthat I hada problemwith the f'actthathe tooka shareof ourtips anddid not allowus t<;

1'7

taketherestandrnealbreaksthatCalifolnialaw requires.Mr. Kim walkedawaywithout

t8

lcsponding.
Shortlythereafter,
hechanged
my schedule
"banishecl"
andeffectively
meby

t9

tttaliittg
rnespendtheuexltwo weeksworkingon "thc range"(thepartof theprerriises
thatis

20

sevet'al
hundredyardsirom theclubhouse),
an assignnrent
requiringconsiderable
physicallabor

21

with no customercontactandthusno opportunityto earntips. BecauseI hada knacklbr getting

22

biggertipsthanmy colleagues,
theresultwasthatI(and theotherswith whomIsharecl
rips)

23

nrarlelcssmoneyduringthesefive days.

24

t6.

The frnalretaliation
isufferedwason September
4,2008,whenIwas fir'ecl
for

25

rnal<irrg
a foodrun at about7:45a.m. I hadopenedup theclubat 4:30or 5 o'clocka.m. No other

26

valetswereon duty untilStuartSatoan'ivedat 6 a.m. I wasscheduled


to work until I pm (an8-

27

hoLttday)and,lookingat thetee-sheet,
sawthatgolferswerescheduled
to startarrivingfor tee-

28

o1'1'at
aroutrcl
9 a.m. After thatit wouldgettoo busyfor nteto makea foodrun.so thiswasthe
-4-

D E C L A R A T I O NO F D A V E S . P E R R Y

onlytime I couldleavewithoutbeingunavailable
to greetor helpgolfers.I waiteduntilafterMl.,

Satoarrivedandthenmadea quickfoodrun. It wasstill realearly,andno managers


wereon the

propertythatI knew of. I dashedout andbackin aboutl5 minutes,returningto theclr-rb


as

quicklyas I r:ould.WhenI retulnedStuartsaidthatMr. Confortiwasthcreandr.vantcd


to sccmc

i r rl r r so f ' f i c e I. w e n tt h e r ei n t n r c d i a t eal yn,dM r . C o n f o r t il,o o k i n gs t e r na n ccl o l d ,h a n d endr ei i

pieceof paper."sign it-and getout!" hesaid,jerking


backhisthumbandarm. Thatwasmy

'l'rump
lastdayof work, My employment
at
wasteminated.

17,

After my tennination
I searched
for attorneys
andeventually
retained
111),
currelt

coLtnsel
becaltse
I wasinformedandbelieved
thattheyhadexperience
in employlrent
litigation.

r0

a n de s p e c i a lcl yl a s sa c t i o ne x p e r i e n c e
M,y a t t o r n e yesx p l a i n etdo m e t h er e s p o n s i b i l i roi ef bs e i n g

ll

a classreprcsentative,
and I volunteered
to assume
thoseresponsibilities
because
I knewwhat

I2

Tt'itrnpwascloingto its employees


waswrongandthatit woultjcontinueto scoffthelaw until

stopped
1 3 soineone
it. Attachedheretoas ExhibitA is a trueandcorrectcopyof thcrdcclaration
ol'

14
l5

tlrctluliesIagreedto assulne
asa representative
of theclassuponletainingcounscl.
i8'

I understand
thatasa natnedplaintiffI am servingas a representative
of'aclassof

lo

t /

nortcxcmpt
hourlyemployees
who haveworkedat'flump sinceapproximately
December
2,2004

11

to thepresent.I haveno interests


thatareadverse
or antagonistic
to theclass.On thecontrary,I

18

believethatI am ideallysuitedfor thisrote.

l9

19.

As I previously
mentioned,
Trump'smanagers
did not provideemployces
any

20

instruction
aboutTrump'spoliciesor our rights,so I tookit uponmyselfto research
thelawon

)l

theInternetandconsultwith attorneys,Armedwith thisknowledgeI hada berterunderstanding

22

of niy rightsandwasn'tafraidto assert


them,eventhoughI havesufferedtheconsequences
in the

/\ ')
L)

fbrnrof retaliation,
suspcnsion,
andtermination.
I alsoinformedmy co-workers
abouttheirright

24

to takcmealandrestbreaks,
andI encouraged
themto exercise
thoserights.So thisclassaction

25

is a naturaloutgrowtholmy experiences
at Trump.

26

20,

Throughout
this lawsuitI havebeenready,willing,andableto dischalge
theduty

27

to theclass.I spentwell over 100hourson thiscase.Ihavemetwith my attorneys


on numelous

28

occitsions.
includingsevelalf'ace-to-lace
meetings
andlcngthytelephone
calls,to discuss
this
D E C L A R A T I O NO F D A V E S . P E R R Y

case I havetold fiem everythingI knewaboutthe club.my employment,


andthe scrvrce

generally;identitiedwitnesses,assistedmy attorneysin respondingto Trump'scopious


indLrstrl,

writtendiscovery;and produceddocuntents.i alsoattendedthreemediations,includingone in

SanFranclsco,and severaldcpositionsthat took placeacross,the


Southlandso that I could

providedetailedand immediateinformationto my aftomeysduringthe mediationsandasrhey

conductedtheir examinations And I will continueto discharige


rny dutiesas a representative
on

behalf ofthe,class.

8
9

21.

[n sum, i ha'.'estoodup for my rightsand thoseof my co-workers,bothduring

and aftermy employmentat Trump, and i havebeenintirnatelyinvolvedin this case Moreover,

10

the individualclaims T haveailegedin this iawsuitdirectlyrelateto the unlatvfulmeaiandrest

l1

breakpracticesrhat affectedall lrourlyemployeesbecauseTrump essentiallyfired me ibr takinga

12

break. Consequentlymy own experiences


bolsterthe classclaims. I understand
thal any

13

settlemr:nt
or dismissaiof this actionmustbe in the bestinterestsof the classand wiil be subject

14

to Court approval.

t-J

I declareunder penalty of per1uryunder the laws of the Stateof Califomia thatthe

1 a

I O

lbregoingis true and correctand that I executedthis declarationon July 18, 2012 tn SanPedro,

t1

Califomia.

18
10
L J

20
21
22
a'l

24
25
26
21

2g
DECI.,ARATION
OF DAVE S PERRY

Exhibit A

Feb 23 0S 09: 44;r

310r ,3665-

p.2

1. A classrepresentative
represents
the interestsof all membersof his/herc;lass
in litigation
to recovermoneydamagesor obtaininjunctiverelieffor the class,
'Ihe
2'
classusuallyconsistsof all personswho are similarly
situatedwithrespect
to a commoncourseof conductor practice. ln otherwords,all those personswho are
affectedby the challengedbehavior.
3, A classrepresentative
alwaysconsidersthe interestsof the classiustas he/she
wouldconsicler
his/herown interestsand in somecasesmustput the interesisof theclass
beforetheirown interests,This meansthat you are a championof the classor fiduciarv
lirigant
4. A classrepresentative
alwaysactivelyparticipants
in the lawsuit,as necessary,
by,amongotherthings,answeringinterrogatories,
producing
documentsto the defendanis
a n dg i v i n gd e p o s i t i o an n d t r i a l t e s t i m o ni yf r e q u i r e dY
. o u m a yb e r e q u i r e d
t o t r a v e l t og i v e
s u c ht e s t i m o n y ,
5. l\ class representativerecognizesand accbptsthat any resolutionof the
lawsuit,by disrnissal
or settlement,is subjectto Courtapproval,and must be designedin
the bestinterestof the classas a whole.
6. A class representativeis not requiredto be particularlysophisticated
or
knowledgeable
aboutthe subjectof the lawsuit.However,a classrepresentative
should
followthe progressof the lawsuitand shouldprovideall rdlevantfactsto the attorneysfor
t h ec l a s s .
7
A classrepresentative
volunteers
to representor championmanyotherpeopte
w i t hs i m i l a r c l a i masn d i n j u r i e sb e c a u s eo f t h e i m p o r t a n coef t h e c a s ea n d i h a t n e c e s s i t v
that all classrnembersbenefitfrom the lawsuitequally,the savingsof time, mo^"y
effortshouldbenefitall partiesand the Court.Classactionsarean important
"nd
toolto assure
compliance
with the law even wherean individual's
lossesmay be relativelysmall.
I havereviewedand acknowledgemy dutiesas a class representative.
/

Dated: _

z/zs/a

DAVES PERRY

DwayneMcDowell

I, Dwayne MclJo*ell, declare as follorvr:

l.

I havepersonalknor,vleclge
of the factshercin,ard if calleclaia wltt +$s1 could

arrclu'onldcompeteitrlytestifyto therr.

2.

I was cmpl.oyedby Tnrmp National Colf Ctub from 2004 to 2005 ar a security

grrard. My shifts usualiy staftedat I t p.m. and endedat 7 a.m. I worked on averai;c3 daysa

week.

3,

Althoughi w'antcdto take brcaks,l did not recelvemeal auclresrbr:ak:,.

-fhe

companyncver schcduJ.ed
meal 01'restbreaks,srnggercdshifts,or instructe(lus ho v t0 staggcr

rhifts ourselves.No one ever relicved enployces to take meal or rest breaks. No ,,ne rvcr told us

l0
II
I2

wlreu we oould take meal or restbrcaks,


4.

i was orderedto patrol the premisesand st:ayin certaina:cagat all 1 rne::. i rvas

instructedb-vmy supen'isorthat et no tinre could I leavethc premiseso f the golf c lurrie.

:13

I wasawarethatthecompan,v
providedfoodto employees
only if trrercwasa

14

rnaioreventanda surplusof foodremainerl


aftertheeventwasover. Mostof the imeI brolrsht

l5

food fromhomcandatewhilc working,usualiywithin 15mjnutes.I neverhada LLll.

l6

r,rrrinterruptcd
30 minrrtesto cator a full, uninterrupteci
10mi.nures
to takca reetbr :a-k

I]

6.

I wasnevglinstmctecl
to clockoutfor mcalbreaks.SiaocI cor.rldn
t takcbreaks,
I

l8

nevcrclockedout for brcaks.My supervisor


navsraskedmc wh.ether
my timereccrdswcrc

1 n
Lf

accura.lc
or whetherthefa.crrhatI hadnotrccordeda mealblgnkwasaccumrc.

70
7l
22
23
24

7.

Tneverrecsivedpremiumpayequalto o11e
hou::,spay for eachme;I or restbrcak

rnissecl,.
i doclareurrderpcnalqvof perjuryunderthelawsof thc Stateof Califomiatirarthe
foregolngis trueandcorrcct.

Exccntcd
thisJ;( ciayof .luly,2012,a.t f{rnv',d)+of
n< . Califomra.

2s
zo
2',7

1a

DECLARAT]O}'IOFDWA.YNEMCDOWELL

__l

I
i

Gail Doner

I
2

Declarafionof Gail Doner

l.

My rrameis Gail Doner. Ihave personalknowledge


and if calleduponto do so.would
and could competentlytestifuto the following:

2.

I am a former employeeof the Trump NationalGolf


club (,,Trump,,).I workedas a
food serverin the club's PacificCaferestaurant
(the"fbrmal" diningroonr)from about
A p r i l2 0 0 T t o a b o u t A p r2i 0
l 1 1 .I n i t i a l l yI u
, s u a l l y w o r k e d l r o m 4 : 0 0 p , m . ucnl or isl i n g "
and typicallyworkedsix to eighthourseachshift. Later,
my startingtime typically
became6 p.m. I had multiple managersthroughoutmy
time at the crub.
Below is a recentphotoof me (sothatthe court can have
a mentalimageto accompany
n r yl e s t i m o n y ) :

3
4
5
6
7
8
U

3,

l0
ll
l')
I L

l3

3.;;.

t4

o - ' 5 a
:

> v x

B s! 9
o J S

l5
t6
17

l8
l9
20
2l
22
23

Management's
message
to us
4,

WhenI washiredat theTrumpNationalGolf Club,andthroughout


my employment
there,my managers
emphasized
to meandmy colleagues
theimportance
of providing
a
h i g hl e veol f se rvi ce
a n da finediningexper ience
r o ourpatr ons.- fheyalsor eg ul ar l y
toldme (andotheremployees)
thatwe wereluckyto beemployed
at theTrump
NationalGolf Club. As a result,themessage
I tookfromthemwasthatwe wouldset
firedif we failedto providegreatservice.
l0 minuterestbreaks

24

Throughout
my employment
at Trump,I neverheardanymanager
or supervisor
talk

25

aboutl0 minuterestbreaks.In fact,I wasneverevenawarethatwe


weresupposed
to

/.o

receivesuchbreaksafterworkingaboutfourhours.Thegeneralimpression
I received
frommy managers
wasthatwe wereallowedto takerestbreaksanly iflwe hadtime. If
we did nothavetime(nreaning
thattherestaurant
wasbusyandservice
woLrld
suffer).

27
28

Declaration
of GailDoner

vvewere not allowed to take breaksat all. Gen


r>ral7y,wenever had time to take breaks
during the din'er hours becauseit was almostalways
busy then.

I
z
3

30 minute meal breaks


6'

\lor were I (or any of my co-workersto my knowledge)allowed


or able to take 30

minute meal breaksduring the first part of my employment,

in the mid to late afternoon,leftover food sometimeswould


be availablefor me and the
other employees(usually sitting in a chafing dish), and
I could eat it if I wantedto do so
as long as it did not make me late to startmy shift. But there
was no structured

Typically, when I anived

opportunityto take a 30 minute meal breakafter I had worked


4 or 5 hours(or more).

IVlymanagersnever in-''itedrne 10take e 30 minute meal


break (or a shorterone.for that
matter),askedif I had taken a meal break,or encouragedme
to take a meal break.
Theseomissions,combinedwith the constantemphasisfrom
managementon giving a
high level of serviceto the restaurant'spatrons,causedme
to think that i would be
disciplinedor fired if I were to take a 30 minute meal break
or otherwisedo anything
that compromisedthe level of service.

10
l1
12
1 a
IJ

t4
15

l'

At somepoint in what I think was 2009,theclub started


telling us to take 30 minute
meal breaksand having us clock out.

16
t7

Trump's emproymentdecisionsbasedon appearanceand


age
8'

20

I am a 60-year-oldwoman. I was alwaysa dedicatedfood


serverand believethat I was
at the top of my gamewhen I worked at the Trump National
Golf Club. Befbreworking
at Trump, i had spentabout20 yearsworking for wine distributors
as a sales

2l

representative.As a result, I ha'reeatenin fine restaur:ants


aroundthe world. and had

22

somesenseof how othersprovided servicein such an environment.

18
t9

23
)4

25
/.o

27
28

9'

A few monthsbeforeI stoppedworking at Trump. I began


beingscheduledfor fewer
shifts' I had initially worked threeto four shifts a week. But
as time went on, my
scheclulewas cut back to two times a week, and then to one
shift, and so on. plus, at the
enclI was almost always scheduledfor the 6:00 p.m. shift.
This was the latestthat a
servercould be scheduledfor the dinner shift. But often
when I arrived^the maragers
told me they did not needme becausethey already
had enoughserversfor the nieht.

Declaration
of GailDoner

l-his schedulinghappenedalthoughI was an excellentserverand my performance


I

remainedexcellent. It did not appearto me that this reduction in shifts was


happening

to any of the younger,more attractivefemalefood servers.

10,

F)venl'ually'Trump stoppedschedulingme for any shifts - therebyeffectively


firing me.

I chosenot to fight to get my job back becauseby that point I was fed up with
the toxic

environment and the way that I was treated.


The employmentof young, pretty hostesses

6
7

IL

The hostessesthat I interactedwith at Trump invariably were young (they


appearedto

be between18 and 22), attractivewomen. As a sewer, I was often frustratedwith


these

yoilnger hostessesbecat:sethe1,couldnot rmderstandhorv to seatguests


so that the r,,ork

10

would be staggeredamong servers.They also did not know how to staggerreservations

so that all of the restaurantcustomerswould not be seatedat the sametime. We


servers

T2

oftenjoked about the resultingproblemscausedby the hostesses,calling it ,,the

13

tsunami" (refening to a hugeinflux of customersat one time and the resulting


logistical

I4

problemsfor us and the kitchen). In my experience,thesepreny, younger


women

tr5

usuallywere not competentbut were kept anyway. I also notice that the hostesses
that

1 a

were the youngestand prettiestalwaysgot the best shifts.

-to

T7
18

I declareunder penaltyof perjury underthe laws of the Stateof California


that the
foregoingis true and correctand that I executedthis declarationon October

l9
20
21
22
z,)
A A

/.+

^- 1
/)l
I

26 1

27 1

28 1

llt

Declarationof Gail Doner

,z0ll.

Irviln Alb erto-Alvarez

I, Irvin Alberto-Alvsrez)
declareas follows:

i.

3
4

I h a v ep e r s o n ak ln o w l e d goef t h ef a c t sh e r e i na, n di f c a l l e da sa i . r , i t n eIscso u l d

andr.rouldcompetently
testifyto them.
2,

I wasemployed
by TrumpNationalColf CIubin2007andagainin 2012asa food

runner,My shil'tsusuallylastedfrornfive andone-halfhoursto eighthours,I worl<ed


on

average
fivedaysa week.

i.

A l t h o u g hl w a n t e dt o t a k er n ym e a a
l n dr e s tb r e a k st .d i d n o tr e c e i v a
el l m v m e a l

a n dr e s tb r e a k sW
. h e nI w a sh i r e di n 2 0 0 7 l w a sn e v e p
r r o v i d e ad n yt r a i n i n g
or instruction

whatsoever
regarding
policyregarding
thecompany's
mealandrestbreaksor the lar.v.ln 2012,

10

w h e nI w a sr e - h i r e dI w
, a s t o l db y m a n a g e m et n
h ta tI o n l yq u a l i f i e fdo r a m e a b
l r e a ki f I w o r k e d

ll

a t l e a sst i xh o L r r s .

12

4.

W h i l ea n e m p l o y e e i n 2 0 0nTo o n ee v e rt o l dm et h a tI w a sf r e et o l e a v et h e

1 a
L J

prenrises
of thegolf course. However,in2012
I requested
to leavethe premises,
butmy

14

s u p e r v i sdoird n o ta l l o wm et o l e a v e .

t5
lo

5.

D u r i n gm y t i n l ea t t h ec l u bm e a o
l r r e s tb r e a k w
s e r en e v e rs c h e d u l ende. i t h ei rn

2 0 0 7n o ri n 2 0 1 2 ,E v e no n d a y si n w h i c hl s c h e d u l etdo w o r kf i v ea n col n e - h a lhf o u r sI.

wclrkedsix or morehoursbecause
of theflow of work,to cleanup,or because
I had
1 1 occasionally

t8

to continue
workinguntil I w'asrelieved
foodrunner.My manager
by another
neveraskedme

1 9 whetherI liadreceivedmy rnealor restbreaks.


20
2l
22

6.

B o t hi n 2 0 0 7a n di n 2 0 1 2w
, h e nl d i d e a t .l a t ea sq u i c k l ya sp o s s i b l ae n. dr e t u r n e d

t o w o r k . I n 2 0 1 2 ,a n do n l yo n w e e k e n ddsi,dI r e c e i v 3
e 0 m i n u t etso e a t .
7,

I n 2 0 1 2m
, y s u p e r v i s o r a tl o
l dm e t h a It h a d t o t a k ree s t b r e a k H
s .e s a i d t h a t l
so

23

waserrtitled
to a restbreakfor everyfourhoursof work. Evenafterhr:toldme thatrestbreaks

24

w e r er e q u i r e dh,e s t i l l d i s c o L r r a gmeedf r o r nt a k i n g t h e r tne, l l i n gl x e t o h u r r yu p o r m a k ei t f a s t .

25

M o r e o v etrh. eb r e a k sI t o o kw e r en e v e rl 0 c o n s e c u t i m
v ei n u t e sl w
; a s o c c a s i o n a lal yl l o w e tdo

zo

rulnto thebathroom,
but I wasnevergone10wholeminutestogether.

27
28
O F I R V I NA L I ] E R T O - A L V A R E Z
DECLARATION

I declareunderpenalryof perjulyundertheiawsof'theStateof'Califirlrria
rhatthc
foregoingis trueand con'ect.

2Al2,,at
tnisI b dayo{'July,
Execnted
lrvin Alberto-Alvarez

)
I

t
)
)
I

2
l
T

5
o
I

Jameson
Nmorris

Declarationof JamesonIWorris

My nameis JamesonMonis. I havepersonalknowledgeand if calledupon to do so,

would and could competentlytestifyto the following:

I workedas outsideservices/valet
at the Trump NationalGolf'Club (,,Trr_rmp,')
in

approximately
the summerof 2008for abouttwo or threemonths. I generallyw,orked

eighthourrshifts,four to f-ivedaysa week. My directsupervisror


wasJoeyKim. David

Conforti was the generalmanagerwhen I workedat Trump.

8
o

a
J.

So that the Court can have a mental imageto accompanymy testimony,below is a


recentphotographof me.

l0
l1
I2
l3

,:85

i j:e

o 9

t4

F 6 e

l5

(o.i,-

B s! 9

^ 9 i 5 ori d>
. . e E

16

-c -o
F

T /

Contactby a Trump Lawyer

l8

About two monthsago,I was contacted


by a femalelawyer,whosenameI think wasJill

19

Martin. At the beginningof our conversation,


the lawyerdid not clearlyiclentiiyherself

20

as an attorneyrepresenting
DefendantTrump National. I thoughtsherepresented
the

21

people(PlaintiffsLucy Messerschmidt
and Dave Perry)who hLad
filed the lawsuitand I

22

talkedto her for that reason.

a1
ZJ

During this phonecall, I told the lawyerthat I was glad this la'wsuitaboutrest/meal

24

breal<
violationsis happening
because
this wassomethingI and my co-workershad

25

discussed
doing when I workedat Trump. At which point,the:lawyersaidsomething
to

LV

the effecl of "l probablyshouldtell you that I'm representing


the golf club and not the

2l

partiesthat filed the lawsuit."

28

Declarationof JamesonMorris

Lack of l0 Minute RestBreaks

6.

a
J

experiencebasedon what I saw and heardthat if I or any of the othervaletswanteda

restbreak,the only way to get one would be to sneakaway fbr a few minLrtes.If we

werecaughttakinga restbreak(of any length),our directsupervisor


JoeyKini would

tell us to go back to work becauseit was "reaily busy." The impressionI got from Mr.

Kim is that he did not like us to take breaks.Mr. Kim's prirnarystatedexcllsefor us to

keepworking without a restbreakwas that thereweremany cek:britiesor high profile

peoplearoundso we needto be working. He saidthis in my presencemany,many

tr
!

> : 6
> . :
! o

o i . -

i I; 6! - 9
6

rI d=
o B F
F

r0

times.

il

On at leastone occasionuponreturningfrom a quick rest break,Mr. Kim fbundout I

t2

had takena breakand threatened


to fire me for doing so. I also heardhim makesimilar

13

threatsto other valets. Generally,when Mr. Kim madethis'threatto othervalets,I do

14

not know if the othervaietswereon a restbreakor a (30 minute)meal break,but I saw

l5

valetsreturnto work right awayor returna few minuteslatenafterbeingthreatened


by

l6

Mr. Kim.

O -

j s9:
-

I neverreceivedany ten minuterestbreakswhile working at Tru.mp.It was my

t7

8.

About two weeksafterI startedworking in the outsideservioe/valet


department,
I went

i8

to GeneralManagerDavid Confortiand complainedto him aboutthe lack of 30 minute

19

meal breaksand 10 minute restbreaks, I knew aboutmy right 1osuchbreaksfiom

20

havingworkedfor big companies


like Starbucks
thatwerevery focusedorrsuchthings.]

21

Mr' Conforti said somethingto the effectof "Joeyhasbeenworking herefor about

22

eight or nine years;he runshis own show,and I don't want to stepin." And the meeting

23

endedon that note- with nothingchangingafterwardsduring the remaincier


of my

24

employment.

25
/"o

2l
28

Lack of 30 Minute Meal Breaks


9.

I alsoneverreceiveda full 30 minutemeal breakat Trump. The meal breaksweremore


like l0 minutes(at most). I was alwaysunderpressure
from meuragemenr
to eatas fast

Declaration
of Jameson
Monis

I couldandhurqybackto work.Thcrew&snoclockingin andout lbr mealbrcaks.


?

r0

backto work)tojustifynotallowinga full 30 nrinure


necded
everyone
nrealbrcak.

A
I

(thata highprofilepersonwilsconringancJ
Itlr. Kinr olien usethc sameexcuse
he

n.

As a result,I andtheotheremployees
workingin theoutsidesenrices/valer
clcparlment
wereonlyableto make"food-runs"
(thatis,haveoneof thevaletsleavetheprcmises
to

6
a

r< Er di
3EiF
u35$
3i!:

>i:HEJ
4
I
U

N'tr.Kim told me thatthe freebufIetofferedby Trun:pto its employees


wasofilimits to
outsideservices/valet
employees.
So,I wouldbuy food lrom theoutdoorcafdlocated

on thepremisesif it wasnotpossible
for oneofus to makea food-run.Mr. Kim also

i0

apparently
did not condonethispractice
he saidit wasunprofessional
for us to
because

t l

usctheservicesthatwerefor theguests.

12.

t 1

UJ

get food for the restof us).

t 1

IJ

\\'henI u'asableto geta fewminutes


for lunch,Iate in randomplaceslike in rtregolf

l3

carts.To my knowledge.
therewasno designated
areafor us valetsto havean

I A
I t

unintemrpted
meal.

tq
lo

I A
tT.

Basedon the wordsandactionsof Mr, Kirn,I believethatit wasdefinitelypartof


'frump's
culturenotto allowemployees
l0 minuterestbreaksor 30 minutemealbreaks,

l 1

Rather,
thecompany
hada cultureof rryingto keepits employees
workingasmuchas

18

possible.

t9
70
/.1

I declareunderpenaltyoiperjuryunderthelawsof theStareof Calitbrniarhalrhe


f b r e g o i ni g
s t r u ea n dc o r r e cat n dt h a tI e x e c u t etdh i sd e c l a r a t i o n J u l y 1 8 , 2 0 1 2 .

22
23
25
26
27
28

lil

Declaration
of Jameson
Monis

JasonEidet

Declarationof JasonEidet

l.

-)
4

My nameis JasonEidet.Ihave personalknowledgeand if calleduponto <Jo


so.
would andcouldcompetently
testi0/to the following:

2.

From aboutNovember2007throughSeptember2010,1worked in outsideservices


at

the Trump NationalGolf Club ("Trump") in RanchoPalesVerdes. My.job dutieswere

to valetpark carsandto helpwith setup forgolf toumaments


and specialevents.I

usuallyworkedan eighthourshift,five daysa week. I had varioussupervisors

throughoutmy time there,but my main supervisorwas JoeyKim.

3.

l0

So that the Courl can havea mentalimageto accompanymy testimony.below is a


recentphotographof me.

ll
t2
l3
n :

5 0 ^

<

o i a !

_.o

Bs:9
rI d>
q e
",
F

t4

E 9 :

l5
l6
t7
l8
i9
20
2l

L a ckof 30 minutemealbr eaks


4.

22
23

Duringmy entiretimeworkingat I rLrmp


untilat somepointalterDaveperryflledhis
lawsuitin 2009,I did notreceive
full 30 minutemearbreaks.

5.

Duringmy initialtraining,my manager


JoeyKim told me andrtwootherpeoplebeing

24

tLained
with me that"thereareno breaks"butthatwe couldeatduring"foodruns"

25

s ub j e ct
to h i sp e rmi ssi o n.
ThetonethatMr . Kim setby hiswor dsandactior r s

/o

combined
with thelackof staffing(therewasno oneto coverus whenwe wenton

27

break)- created
a clearmessage
thatI andmy co-workers
were:to eatasquicklyas

28

possible
andthenimmediately
returnto work.

D e c l a r a t i oonf J a s o nE i o e r

Trurnpmadefood availableto theemployees


daily at about l0:30 a.m.and6:00p.m.

When this happened,I and the othervaletscould takea quicJkbreakto go grabsome

food, but invariablytook it backto our stationsand atetherebecauseif we did not our

managers
couldconstrlteour actionsas slackingoff or othenwise
not worl<irrg.
7

allowedme to drive to a nearbyrestaurant


and get food for myselfand the other

employees
that workedwith me.

Wtrena valetreturnedfrom a food run.we would taketurnseating(oneat a tinre)as


quicklyas possibleand thengo straightbackto work so the <lthervaletscouldhavea

10

chanceto eat too. It was my impressionfrom how our managertreatedus and how

l l

everyoneelseactedthat you didn't want to be caughtsitting arounddigestingor

lI 'L )

relaxing,evenif you hadspentfewerthan30 minuteson a mrealbreak(whichwas

t a
I J
u

The only tirne I was able to go offsiteto get food was when rny managerexpressly

alwaysthe case),becetuse
therewasa risk of beingyelledat, disciplinedor evenfired. I

N.l

5.Rso

l4

and my co-workerswere well aware(andwe talkedaboutit) how DonaldTrump is

o.i,-

i5

famousfor firing people.

3s:9

.-i x> ^

o o

^.

<

c - o
F

to

Becauseo1'theforegoingenvironmentthat our n')anagers


had created,I neveraskedfor

17

30 minutesto eator to go off-siteduringa mealbreakfor personalreasorrs


(asopposed

l8

to a communalfood run) becauseI thoughtit would makemr: look bad. -fherewas an

l9

atmosphere
of feararoundwork. ln fact,therewas a stretchof a few monthswhen

20

someonegot fired everyweek. You didn't want to be caughtlookinglike you werenot

21

working becausethenyou could be the next one fired. In fact,the only co-workerI

22

knew that tried to take 30 minutelunch breakswas Dave penry,and it was my

a-)
LJ

impression
that he was firedas a result.

24
25

Lack of 10 minute rest breaks

r0.

I alsoneverreceivedI 0 minuterestbreaksfor the entiretime I workedat 'f rump (not

zo

evenafterthe DavePerrylawsuitwas filed in 2009). My job was physically

21

demanding'I was on nly feetmostof thedayand would run to and fronrtlie carsas we

28

parkedthern'I alsohadto do a lot of heavylifting. For example,in


the rrrorning
shifr

Declaration
of JasonEidet

(beginningat 5:30a.m.)the firstpersonto getto work hadto fill a 30 gallongarbage


can

with ice and takeit to eachgolf cartto fill it. The filled can weighedabogr50
to 60

pounds' We alsohadto hammerpolesin thegroundandcarrytables,chairs,ice

and so on.
t l

to sit down and takea restbreakbut couldn't. I neverfelt that takinga breakwasan

optiollfbr nle because


it wassomethingthatjust wasnot done- and no nranager
ever

encouraged
or talkedaboutour takingthem (evenafterthe Dave Perrylawsuitin 2009).

I very rarelytook any restbreaks- maybeone or two times


irer week and only when we
weren'tbusy.

l l
t

Retaliationby management

t1

t2.

was fearof retaliationby our manager.Therewas somethingreferredto by the valets


as

t4

the "shit list." If you did something


thatour managerJoeyK.imdidn't like.yoLrwould

15

get on his "shit list," which wouldcausehim to give you fewerhoursor tlie less

3,;;"
3 :

3 s3 ? :6 9-

One of the reasonsthat we neveraskedfor breaksor tried to takethem withoutapproval

IJ
5
: =3
N:.
u

- 9 6 s
! ; e 9

Towardsthe end of my shift, I regularlywas exhaustedand my feet hurr. I would want

i0

chests

r f d > -

lo

d e s i r a b lseh i f t s( e g . , 5 a . m .t o I p . m . ,w h i c hi n v o l v e dh e a v yl i f t i n g( a sl d e s c r i b e d

t7

earlier)and havingto get up in the middleof the night),and Mr. Kim wouldrrearyou

r8

w i t h a d i f f e r e n t a t t i t u dhee: w o u l d b e h a r d e r o n y o uF.o r e x a m p l e , o n e o f t h e v a l e i s ,

l9

Matt Sullivan,was someoneI knewwason Mr, Kim's.,shit llist.',wheneverMatt

20

would requesta certaindayoff, he invariablywould find himLself


schedulecl
to work

^ , e e
c - a

/ l

on

that day. lle and I talkedaboutthis. Therewere severalthingsthat we knew would


get

22

you on the "shit list," but the majoroffensesincluded:(l) callingin


sicl<whenyou were

23

scheduled,and (2) taking breaks.All of the valetsknew that we would be punished


if

')

/l

we did thesethings,because
we hadseenit happento othervalets,and so we didn't

25

attemptto takebreakswhenwe neededor wantedthem.

26
27

28

T i p S h a r i n gb y J o e y K i m
11

JoeyKim was my manager.He hired me and did the schedulingwhen I was


workingat
the Club' He did not wear the uniform that all of the valetswore
and he generallydid

llt

Declaration
of Jason
Eidet

nr)tvalet park cars. Therewcre a few oocasionswhors Mr. liim did valet & oar,but it

was for fun ratherthan work purposes.Severaltimes when * particularlynice andfast

car would cometo be valeted,Mr, Kim wouid run out arrdtalcethe car so that he could

i
.l

drive it to the spot. Other thanthis, I neversaw Mr. Kjm park a car.

14.

For lhe entire time I worked at Tnrmp's - almostthreeyears- it was my understanding

*rat JoeyKim was a pru:tof the tip eharingpool. On severaloco&sions,


I calcuiatedthe

,7

tips for the valets(this would be doneby whoevcrclogodtha,tevening). The person

closjngwould addup the tipe and all of the hoursworked by everyonein the pool, and

divide that to comeup with a cefiain dollar amountper hour, [Example: If 5 people

l0

workedfor E hoursandmade$80 in tips,40 hourstotal / $8()= $Z/hrworkedfor eaoh

l1

employee.l Eachtime I did the tip calculations,JoeyKim was includedin the tip

t2

sliaringpool. Under the amountof tips contributedto the tip sharingpool, Mr. Kim's

L3

amountcontributedwould generallybe $0 andhe would recrrivethe samehourly

l4

amountof tips as all of the othervalete, This was particularliyfrustratingbecauseMr.

IJ

Kim often worked more then an eight hour day, so on those,r$ays


he would takehome

l6

moni in tips than the valetswho actuallyworked to get the tips.

T 7 15.

About e yearinto working at Trump,I andseveraiothervalerts,


broughtup thetip.

18

sharingissueto the Hit representative


Tom Sparandoo,He prinred oomothingout for u6

19

- I believe from the California Labor Code- saylngthat managerscan tip ebareurrder

20

certaincircumstancee.But, the circumEtences


refsrretlto in the paperworkhe gaveue

11

did not apply to our eiruation. Mr. Sparandeodidn't addressour conqernsanyfurther.

L L

22

i6'

Otheromployeesstill workingat Trump havetold me that at somepoint an in-house

LJ

lawyer startedworking at the Club and,et that point, JioeyKim was removedfrom the

z+

tip sharingpool.

)1

I declarounder penaltyof perjury underthe laws of the Stateof Califomia that tho

z6

foregoi:ng
is true and oonectand thatI executedthis declarationon lDecember , 201l,

/. I

2E

Doclaration
of JasonEidet

I ' d

I"{V
Be:i0 I i0e-80-c30

.Iessica
Lesure

Declarationof JessicaLesure

3
4

My nameis JessicaLesure.I havepersonalknowledgeand if calleduponto do so.


wolrlclaridcouldcompetently
testifyto the following:

2.

Iam employedas a hostess


at TrumpNationalGolf Club ("Trump").and washiredin

aboutJuneof 2007. I havehad many managersas a hostessartTrump, includingLouis

Estrada,SueKwiatkowski,Chuckwest, Marialperrin,Jennif'er
Brennan.Matt

Christopher,
and Kevin Hooker. I usuallyworkedsix to hour shifts.threeto five tinres

week.

So that tl-reCour-tcan havea mentalimageto accompanymy testimony,below is a

10

recentphotographof me.

1l
12

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C
U

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t4

f g . i . -

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rf5>^ , c E
c - 6
F

l6
tl
l8

r9
20
2l
22
1 1
L)

Lack of 30 Minute RestBreaks

4.

When I beganworking at Trump, I did not receive30 minute rnealbreaks(or the

24

opportunityto takethem). Trump did providean employeemeal (usuallyone was

25

betweenl0:00 and 1l:00 a.m.andonewasbetween4:00 and ji:00 p.m ). -['hose


breaks,

zo

however,werenever30 minutes.WheneverI and my fellow employees


wereeatingthe

2l

providedfood. managersinvariablycamein and said,"Hurry Llp,we needyou on the

28

floor," and we would haveto rushthrougheating.ll don't rememberwhich managers

Declaration
of JessicaLesure

saiclthis; therewere multiplemanagersthat did it.] I was able


to take five to ten

minutesto eat only a coupleof timesa week. Only on rareoccasions


did I get l5

minutesto eatbeforebeingtold to go backto the floor by a manager,


I cion'1femember

errergettingmorethatt I5 minutesto eat. The resultingmessage


was thatmealbreaks
shouldalwaysbe as quick andshortaspossible.

when I did not get to eat the providedmeal,if I was hungry,I would
haveto fi'd

someoneto coverfor me at thehostess


podium. If therewas anotherhostess
working

w i t h r r e .o n ec o v e r e dw h i l et h eo t h e ro n ew e n ta n da t eq u i c l c l y .
I f I w a st l i eo n l y h o s t e s s

on shift.I had to aska ntanager


if I couldleave. Whentherewas no one to cover,I

l0

would not ask for breaksto eat. Instead,I would ask only for a short
breakto go to the

'tl
I

> . : o

i,i

!e

o.i _.m

3 s! 9
,\350 ) ; ;
F

bathroom. When a managercoveredfor me to go to the batlrroom,he

or shewould

t2

typicallysayto me. "Ok. hurryup." Therefore.


if a managerwascoveripgfbr nre.I

l3

wentto the bathroornqLricklyandcameback,makingsurenot to be gone


fbr morethan

14

two or threeminutes. Accrtrdingto the managers,it was not acceptable


to leavethe

l5

hostessstandunattended.The managerscommunicated
to me that they didn't want me

16

to be gonelong whentheywerecovering,So,evenif Iwas hungry,Icourlcl


not takea

l7

longenoughbreakto get sornething


to eatwhenIwas the only oneon shili. -l'heonly

r8

breal<s
I took when I was the only hostesswereto go to the bathroom. On those

l9

occasions,no managereveraskedme if I neededa breakor told me that I could


takea

20

breal<,
evenif I was working alone.

2t

6.

In the beginningI did not re,;eiveanytrainingfrom management


aboutrakingnrealor

22

restbreaks.In fact,I did not evenknow I wasentitledto a 30 minutemeal


break.After

23

a f-ewyears'thingschanged.It wasexplainedto me andotheremployees


(l

24

sometimein 2009)thatwe wereentitledto a 10 minuterestbreakand j0


a
minutemeal

25

break' The managershad us;sign a papersayingthat we were explained


the rules

zo

regardingbreaks'Beforethittmeeting,I wasnevertold by managers


aboutour abilityto

27

takebreaks.Now. we liaveto takethe 30 minutebreakif we work


fbr morethansix

28

hours(we haveto takeit befbreour fifth hour). We canonly waive


our rleal breakif

Declaration of JessicaLesure

believe

we work lessthan six hours. 'rhe way the breaksare handled


now is drasticallydifferent
'Ihe
than it was when I started.
managersnow cometo the hostessstanclandask me if
I'rn hungry,needto go to the bathroom,or needa break,
especially,when
I"m working
'fhe
alone.
managers
neverdid this beforethingschangedi' 2009.

2
3
4
5
6

Lack of l0 Minute RestBreaks

7,

7
8
9
l0

Sinrilarly,we neverreceiverl
the opportunitytotake 10 minuterestbreaksbefore2009.
Whentwo hostesses
werera'orking
together,
oneof us woulcjcoverwhile theotherone
would sneaka breakto go do whateversheneededto (bathroom,
grab sonrethrng
ro eat,
etc')' Whentherew'asno otherhostess
working,I hadto aska managerto coverif I
wantedto takea break. Ustrally,if I wasworkingalone,I could
only takequickbreaks

ll

to usethe restroom. There'Ir/ere


manytimeswhen I couldn't flnd a managerto cover

t2

(becausethe locationis big andtheyare oftenin


meetings).When this

l a
I J

happenedand I

reallyhadto go to the bathroom,I would haveto leavethe podium


empty,

If a manager

t4

evercaughtme or anotherhostess
with thepodiumempty,he or shewould

reprimandus

- : E s
( o i . -

l5

fbr leavingthepodiumemptyand tell us thatwe couldn'tleave


thepodiumuntil we

.-i;>-

16

for-rnd
a managerto cover' If I couldn't find the manager,I was expectecJ
to wait until a

17

managercameup or until anotherhostessstartedher shift before


leavinggo to the

l8

hathroom.Whenthe ntanagers
did coverfbr me. theynevertold me that I was

to

e n t i t l e d / a l l o w et odt a k ea l 0 m i n u t er e s tb r e a k .I n s t e a dr,h e ym a d ei t
c l e a rt h a tI s h o u l d

20

do whateverI neededto do as quickly as possibleand get right


backto the hostessstand

21

so that the managerscould returnto theirjobs.

,i I o

3s:9
.'

22
23
24
25

8.

If it'r'vasvery busy.the managers


madeclearby theirwordsand tonethartheyexpected
hostesses
to work throughour shiftswith no breaks,'fhe message
theycommunicated.
was that the restaurantcomesfirst regardless
of whethersomeoneis hungryor aly,thing
else- like takinga legallymandated
break. For example,onceI and someother

zo

employees
weresittingby the loadingdock. A manager(l don't rememberwho)
came

27

out ar:ldsaid""come on you guys.the restaurant's


busy;hurry

28

nlanagereveraskedif I wason breakor if I hadreceivedl0 rninutes.

ul

Declaration
of Jessica
Lesure

up, get inside,.'No

i
I
I

TheTrurnPCulture

)
J

4
q

lv.

ef
thatthsI'rurrrpna$lcwashetdto a higherstandsrd
slwaysemPhggized
Managernenl
of whotheyareworkingfor'
bc rnindfLrl
EhOtdd
serviceandtharall ernployees
to methattheTrumpnameentailedtop notcbscrvicertlat "pll be$ds
It wnsconveyed
whamverndedg
0r rlghtswe
alwr/s supersedod
areavailable,"andthattheguests'rreeds
maylravchad.
employees

7
I
1

thatthe
nnderponaltyof pduyyundErthsIawAof rlreStateof Cnlifornia
I deslare
lutyl$ ?o
thls
iu tru+a$doonEctandthatI exeouted
forugoing

l0
It lt

1?

l3
,bE&

t i J5

E EF
:l ilT

EI I F

,{lia
v : h

ortrf;

l4
t(

15
t7
TE
10

20

zl
7?
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24
t)

26
2?
28

T O T N LF , A 1

JohnMarlo

I
2

Declarationof John Marlo

3
4

My nameis Johr Marlo. I havepersonalknowledgeand if called


upon to do s9"
would and could competentlytestifyto the following:

2.

I was a serverat the Trump NationalGolf Club ("Trump") for


aboutsix rrronthsin

2001.

Iworl<edin the fine diningsectionof Trump,which is locatedupstairs


frornthemain

restaurant
and the lounge.I alsoworkedsomeshifts in the main restaurant.
I typically

worl<edsevento nine hour shifts,four to five daysa week.My directsupervisors


were

LouisEstradaand SueKwiatkowski(l'm not sureif Mr. Estradahadthe offlcial


title of

manageror not, but he actedas the supervisor


of all of the serversin the flnedininc

10
li

sectionupstairs).

3.

12

So thatthe courl canhavea mentalimageto accompany


my testimony,belowis a
recentphotographof rne.

l3
:- oo
> , ; 9 0

t4

o i ; -

l5

3 sl ? !6 o9

r f 5 > s a
",
F

r6
17
t8
lo

20
21
22
23

24

Lack of Ten Minute RestBreaks


4,

I neverwasableto takea ten minuterestwhile workingat Trump. I flact.I rarelytooka

25

breakat all otherthan to go to the bathroom.No managerever told me thatI couldtake

26

a break. I fiequentlysaw Mr. Estradatell otheremployeeswho had leftthefloorto take

27

a breakthat they were not supposedto leavethe floor. I specificallyrentenrber


one

28

instarrce
wherea server(l can'trememberhis namebut he was a tall guywithblonde

D e c l a r a t i oonf J o h nM a r l o

hair)left thefloorto go to thebathroom


andwasgonefor abouttenminutes.I

,,vouhaveto
overheard
Mr. Estrada
reprimand
theserverfor leavingthefloorsaying.

stayon thefloor," Theserverresponded


by sayingsomething
li[<e,,,well^
we're

supposed
to havea breakandwe'renot gettingit." On anotheroccasionwhenI was

working in the downstairsrestaurant,


I heardfrom my co-workersthat one of the servers

got written up by a managerbecausehe ran out to smokea cigaretteand got caught. I

rememberSueKwiatkowskiwalkingaroundaskingpeoplewherethe serverhadgone, I

heardhim def.ending
hirnself'tothe n'lanagers
and rememberthathe was reclin the face.

which Inoticed wheneversmokers


wouldtry to takea smokebr,eak.If'a nrarrager
fbund

t0

them taking a breakthey would get nervousand flushedas if the,ywere caughtdoing

1l

somethingbad. If a serverleft the floor to takea breakand somethingwent wrong with

t2

his or her table.I sawthe managers


reprimandthe server.This urasbecause
the

l3

managers
communicated
to us thatour tableswereour responsibility.Wantipgto be

t4

considered
a goodemployee,
I couldnevertakea breakwhile I hadtables.because
if

l5

somethingwent wrong, it would be seenas my fault.

l6

Fromwhat Isaw, the serversthattook restbreakswerepassedover for shifisnrore

t7

f i e q u r e n ttlhy a nt h o s ew h o d i d n ' t .M a n a g e rtso l d u s t h a ta s s i g n m e notl . s h i l r sw a sb a s e d

l8

orrperfbnnance.
"Perlbnnance"includedbeingon the floor all of the tinre.whichwas

t9

one of the thingsthe managersalwaysstressed


we had to do. The favoriteemployees

20

that got the best/mostshiftswerethe onesthat nevertook breaksof any kind. Servers

2l

that took breaksof any lengthweremoreoften told by managers"we don t neecl


-yo;r
torright,"I saw thateventhoseserversthatnevertook restor mealbreal<s.
but took

22
23

more thanone or two bathroombreaksduringa shift would be lesslikely to be put

24

the next shift than thosewho didn't. I noticedthat the favoredserverswith the oesi

25

shiftstypicallytook no breaksevento usethe bathroomor might takeone bathroom

26

b r e a kd u r i n ga n e i g h th o u rs h i f i . l a l s o s a ws e v e r asl e r v e r tsh a ts r a n e dw o r k i n g r. o o k

27

breaksdurirrgtheirshilrs.and werelet go shortly,I specificallyrememberhearingMr.

28

Estradasay"he'snot goingto be hearlong,"aboutoneof the serversthat wastakins

Declaration
of JohnMarlo

on

breaks.

BecauseI saw that the serversthat took the leastbreakswere treatedthe bestby

management,
I nevertook breaksexceptto go to the bathroom(which I did as quietlyas

possible).Preferably,I would go to the bathroombeforemy shift and hold it until

absolutelynecessary
so that I wouldn'thaveto stopworking at all during my shifts. The

serverscould not usethe customerbathroomupstairsand had to run to the locker room

downstairs. The distantmeantthat a trip to the bathroommay take five minutesor so,

When I did go to the bathroom,I ran as fastas I could becauseI saw what happenedto

the othel serversthat took too long.

l0
ll

Lack of fO Pfiout. Meal Breaks

7.

I neverreceiveda 30 minute meal breakwhile working at Trump. I never got any

I2

breaksto eat,and basedon what I saw,noneof the otherserversin fine dining did either

r3

(therewereaboutfive serversworking upstairson any given shift). After our shift

t4

ended,I and the otherfine dining seryersusuallyorderedfood from the kitchen.Mr.

l5

Estradaoften placedthe order.

l6

h orderto be considereda top employeebasedon the standardsmy managershad laid

\ l

out if I was hungry,I just had to suck it up. I did not takea real breakto eatno matter

18

what. I would often bring a proteinbar to work in my pocket. When I had a moment,I

r9

would sneakto the backshoveit in my mouth. Frequently,when I went to the back,I

20

saw otherserverseatingold food offof the customer'splatesas they were cleaning

2t

them,just so they wouldn't starveduringtheir shifts.

22
ZJ
1
/1
LA

D,iscriminatoryTreatment of EmployeesBasedon Appearance


o

One day at Trump I saw an employeethat was visibly upsetand tearyeyedand began
talki.ngto her fl don't rememberher nameas I didn't know her well). Sheworkedas a

z5

busseror anotherlesslucrativepositionandwantedto becomea server. Shetold me

76

that shewas upsetbecausea managerhad told her that shecouldn't be a serverbecause

21

of shehad acneon her face. According to her, shewas qualified for thejob and wanted

28

it, but couldn'tget it solelybecauseof her acne. i rememberbeing


ry*"

I believe

irrcgT
T

Declarationof John Marlo

thatshequit soonafterbecauseshewas so upset.

2
a

J
L+

I declareunderpenaltyof peq'uryunderthe lawsof the Stateof Californiathat the


foregoing is true and correct and that I executedthis declaration on June

5
6
7
8
9
10
lt
t2
l3
t4
l5
l6
11
l8
l9
20
Z I

22
/.J

24
25
26
27
28

D e c l a r a t i o no f J o h n M a r l o

ffizorz.

ru

JoseDetres

Declaration of Jose Detres


1'

My nameis JoseDetres. I havepersonalknowledgeand if called upon to do so


would
and couLdcompetentlytestify to the following:

2'

I am the assistantexecutivepastrychef at the Beverly Hills Hilton hotel. I also am


a
former employeeof the Trump National Golf Club.

3.

Here is a recentdigital

photographof me so that the Court

can"see"me while consideringmy

testimony.

I
I
I
I

I was employedasa pastrychefat theTrumpNationalGolf Club (,Trump") from

approximately
2006- 2007. DuringthetimethatI workedthere,I typicallyworked

befween8 and l2 hoursa day.

Throughoutmy employment
there,no managerat the TrumpNationalGolf Clubever

saidanythingto me (eitherindividuallyor in a groupmeeting)aboutemployees


being

entitledto takeeithera 30 minutebreakto eata mealor a 10minute(paid)restbreak

I
I

for everyfour hoursworked.

20

2T

Throughoutmy employment,
I wasnot allowedor ableto take 10minuterestbreaks.

22

This wasbecause
despitewhatmayhavebeenprintedin an employee
handbook,
the

aa

cultureat theTrumpNationalGolf Clubwasto discourage


me andtheotheremployees

1A

from takingrestbreaksandto makeus returnto work asquicklyaspossible(asopposed

25

to afterenjoynga 10minutebreak).WhenI neededto go to thebathoomor wantedto

26

takea smokingbreak(I am a light cigarettesmoker),my managerinvariablywould

21

eithensay"not now" or "hurryup" or wordsto this effect. WhenI did takea bathroom

28

or smokingbreak,my manager(pastrychefRon Swartz)invariablywouldseekme out

JL|J
Declaration of Jose Detres

within a few minutes and direct me to return to work.

Another other supervisor/manager


during my employmentwas a kitchen souschef
namedJoe,whose last nameI forget. Joewas a yeller and screamer.He often would

not let me take a break if I askedto do so. Other times, if I went outsideandwas away

from my station for more than five minutesfor a smokeor a bathroombreak,Joe would

come looking for me in a loud, unpleasantway that made clear to me that it was not OK

to take a rest break for more than a few minutes- and certainlynot for 10 minutes.

Not being allowed to take 30 minute meal breaks

During my employment,I alsoneverwas allowed to take a 30 minute meal break.

10

Although the club typically provided leftover food for me and the other employeesto

11

eat,managersalwaysrushedlhurriedus to eat quickly and get back to work. I certainly

I2

experienced
this from my supervisorJoe. I typicallywas ableto spendaboutl0

13

m:inuteseatinga meal. Sometimes,I had take my plate back to my stationto eat so that

1 A
IT

i could consumethe rest of my food and not have my bossyelling at me aboutgetting

15

back to work.

16

I quit my job in 2007 voluntarily. I did not like how I was beingtreated,

17
18
19
20

I declareunderpenaltyof perjuryunderthelawsof the Stateof Californiathatthe


foregoing
is trueandcorectandthatI executed
thisdeclaration
on December
6.Z0lI.

2l
22
^a

z)
1/1

25
26
27
28

Declarationof JoseDetres

LeeaSarmiento-Guiterr
ez

t . My nameis l-eeaSamtiento.Ihave personalknowledgeand if calleduponto do so,

would andcouldcompetently
testifyto the following:

J
/l
T

2. My maidennameis LeeaGutierrez.I changedit to LeeaSarmientoin 2008 when I sot

5
o

married.
J .

FronraboutNovember2005throughMay 2007,1wasa server/barlender


at tlie

restaurants
insidethe Trump NationalGolf Club ("Trump") in RanchoPalesVerdes.I

typicallyworked 6 to 8 hour shifts,3 to 5 daysa week. My immediatesupervisorwas

SueKwiatkowski.

10
ll

4 . So thatthe Courtcanhavea mentalimageto accompanymy testimony.belowis a


photograph
of rne.

t-)
I L

l3
> ,:.! o

t4

: ; o E

I J

3s:9

6 * 6 . : d > J
.

:
'

.
q

t6

c - o

t 1
L I

18
l9
20
2l
22
LJ

Lack of 30 minute meal breaks

24

5. I was neverableto takea full 30-minutemealbreak(andneverclockeclout for lunch)

25

d u r i n gt h ea p p r o x i m a t e l y8 m o n t h st h a tI w o r k e da t T r u m p . N o r m a l l y I" w o u l ds h o w

26

up early,eat the fbod that had beenpreparedfor the employees(around4:00 p.m,).and

27

then clock in for work. I did this becauseI had to makesureto havesomethineto eat

28
i
Declaration
(fkaLeea
of Leea
Sarmienro
Gutierrez)

I
z

because
I knew(based
on my experiences)
I wouldnotgeta mealbreakdr-rring
my shift.

Manyof theotherservers
wouldalsocometo eatbeforetheirshiftstarted
(l wouldsee

thern)' I wasnevertoldthatI wasallowedto take


a nrealbreakor anybreak.A few

tlmes'I took a shortbreakandwentto theloading


dock,

sometimes
go out thereto eata pieceof breador smokea cigarette.
Whenmanasers

other servers
wouldalso

sawus at the loadingdocktheyinvariablytold us that


we neededto getbackro our

statlons'The managers
repeatedly
told uswe neededto be "present"at our statrons,
so

l0

thatif a customer
wantedsomething,
we wereimmediately
available.we couldnever

ll

takelunchbreaksduringour shiftsbecause
we alwayshadtablesthatwe werewaiting

I2
l3

on andcouldn'tleavethemgiven(a)theabsence
of anyoneto coverfbr usand,(b) our

t4

tnstructions
fromthemanagers
notto leavetablesunatt.endcd,
Duringour shifts,wc

l5

wereallowedto orderfoodoff of therestaurant


menuforourselves,
but wc wcren,t

l6

supposed
to eatit until we finishedwith our tables.Thatwould

t7

usuallybe almostat the

endof my shift,aroundg:30p.m,

r8
r9
20
2l
22

Beingdenieda mealbreakevenwhile pregnant


6' I waspregnantfor partof thetime I workedat Trump.
I workedon Thanksgiving
day
while I wasaboutfive monthspregnant.on thatparticular
day,I hadnot beenableto
makesurethatI gota Iot to eatbeforeI starledmy shift,
because
it beganearlierthan

LJ

24

u s u a l l' b e g a nw o r ka t a r o u n dl : 0 0p . m .t h a rd a y a n d
c n c l cudp w o r k i n gL r n t il l : 4 0 p . m ,

25

After I hadbeenworkrngfor severar


hours,I beganget veryhungryandstartto feer

zo

weak' At around6:45p'm. (afterI hadbeenworking


for almostsix hours)I told oneof

27
28

themanagers
thati wasveryhungryandaskedif I couldtake
a breakandgo getsome
foodfromthekitchen(l can'tremember
whichmanager
I askedbecause
therewere

ii
D e c l a r a t i o no f L e e aS a r m i e n t o( f k a L e e aG u t i e r r e z )

several
managers
workingthere
fortheholiday,but it wasa man). Iasked
if Icouldjust

havesomething
quickandsmalllikesomesoup,just
so thatI couldgetsomething
in my
stomach'The manager
said"no." By thatpoint,I wasalmostin
tearsbecause
I wasso
hungryand fertso herpress
thatI wasn'tailowedto stopworkingandgo
getsomefood

so thatI couldfeelbetter.i told my co-worker


christina,',1feellike I,m goingto pass

out"' Luckily,my co-worker


wentoverto theexecutive
chef,Garret(l don,tremember

h i sl a s tn a m e )a, n da s k c dh i mt o h e r pm e .

H e p u i l c dm ea s i d eg, a v em es o m cf o o d a
. nd

t0

let me eatit in his office. I don'teverrthink


themanag;ers
krew thathappened
(l rushed

il

to eatasquicklyaspossible
so I wouldn'tbe spotted
as missingandgetin trouble).

I2

After thatnight,I felt evenmoreintimidated


to askthemanagers
for mealbreaks.

t a

I J

Lack of l0 minuterestbreaks

t4
l5

7 . I don'trememberevertakinga fuil r0
minuterestbreakwhile workingat Trump.

l6

neveraskedmy managers
for restbreakstheirwordsandattitudeintimidatcd
meandI

T1

thoughtthattherewasno pointin askingbecause


thcyvrourdsay,,no.,,Becausc
we

l8
I9

didn'tevenreceive30 minutelunchbreaksto
eat,a I0 rninutebreakjust to restorgo io

20

thebathroom
seemed
likea ridiculous
request,No oneeverencouraged
usto takea rest

zl

break,andasdiscussed
berow,we werearways
pushedto keepanykindof.break
as

22

shortaspossible.

24
25

Having to ,6Sneak
In', Breahs
a

Because
we did not receive30-minute
mealbreaksor lcr-minute
restbreaks,
theother
servers
andI would"sneakin" threeor fourminute
breaksdunngour

27
28

shil.twhenit

wasn'ttoo busy' we wouldusuallytake


thosefew minutesto shovesomefooddown
our throatsbeforewe got backto work.

Because
theemployeebreak-room
wastoo lar

iii
D ec l a r a r i o o
n f ' l - c .aeS a r n t i e n r1of ) < La . c c a( i u r i e r r e z )

I
z
a
J

awayfor us to havetime to go to during


the
(it wasdownstairs)'
no onearein it.

flewminureswe would,,steal,,
lor ourselves

Theonlyotherpracethatthemanagers
would

allow us to go wasthe loadingdock,where


we hadto srandrighrnextto a bunchof

trashcans' I andmy co-workers


(wetalkedaboutthis)alwaysfelt like
we hadro sneak

a r o u n dA
' t t i m e so, u r m a n a g c rwso u l dc o m er o

t h er o a d i n dg o c ka n dt c 1 m c a n d

whoeverwasout thereto, "go backto yourtables."


lt wasclearlrom theirbody

l0
ll
L2

l3

language
andtoneof voicethattheywereunhappyto rind
employees
eatingat the
loadingdockswhentheywereon shift.
Hiring/givingshiftsbasedon ageand looks
9' As a server'I knewmanyof theotherservers
andhostesses
at therestaurant.
I noticed

t4

thattheolderfemalehostesses
andserverstendedto getput on themomingshifts.
The

l5

momingshiftsarcnotasgoodfor servers
because
thecLlstomers
usuallyordercheaper

t6

m c a l ss, o s e r v e rm
s a k ef e w e r t i p sI.b e l j e v et h i sw a sd o n c
6 s . r r s et h ec l i e n r e ltec n d e d

l7

to be olderduringthedaybut moreyoungand
hip arounddinnertime,

18
l9

l0' when DonaldTrurnpwouldvisittheclub

andeatin therestaurant,
Isaw thatyolrnger

20

moreattractive
womenwerechosen
to serveMr, TrLrmp.At thetimethatI worked
at

2l

Trump'I wasbetween25 and27 yearsoldand


considered
by othersto be attractive.I

22

servedrrump morethanonce.Thereweretimes
when.theardtheolderor less

a1
/.J

24

attractive
servers
aska manager
to serveTrump(l particularly
remcmbcr
I-incla,
bur

25

c a n ' tf e m e m b ehre rl a s tn a m ea) n dt h e yw o u l d


b et o l d , , n o , ,I,a l s od o n , tr e m e m b eerv e r

/.o

seeinga manserveTrumpat therestaurant,

27
28

Retaliationfor askingaboutbreaks
I l' once duringan employee
meetingI raisedmy handandaskedthe
,,lsn,t
managers
therc
tv
D ec l a r a t i o no l L e e aS a r m i e n t o( f k a L e e a
GutierrezT

I
2
3
^

.i

5
o

1
8
o

l0

a breakpolicy?" The managers


(therewereseverarmanagers
there,incrudingthe
generalmanager
Mike vanderGoes)responded
hazily.I continued
to pressrhem,ro the
pointthatthediscussion
became
heated
andit felt veryawkwardin theroom,and
I
neverreceiveda clearanswer.It appeared
to me thattheydid not know whateither
companypolicyor califomialaw wasregarding
employeebreaks,After themeering,
my co-workerswho hadbeentherewith

me (RyanDia;zandothers)askedme why I

spokeup' Thoseco-workers
communicated
to me thattheyexpected
thatI wouldbe
retaljated
againstfor standingup for theemployees.

ll

l 2 ' A b o u t a y e a r l a t eI w
r , a s f i r e d .I a l w a y s g o t t h e f e e l i n g t h a t t h e r e a l
reasonformy

t2

termination
wasthefactthatI hadstoodup for myserf
andtheotheremproyees
by

l3
t4

speaking
out aboutbreaks.I wasfiredafteran incident
wherethemanagement
had

15

changedthepolicyregarding
phoneusage.Previously,
thepolicywasthatthetelephone

l6

nearthehostess
standcouldbe usedby employees
in important/emergency
situations.

t7

while I wasout on matemityreave,


themanagement
putoura memosayingthatwe

l8
l9

couldnot usethatphoneanymore.But because


I wasout,I neverreceived
or sawthat

20

memo. After I returnedto work,a famiryemergency


aroseoneday,andI usedthc

2l

"hostess
phone"to try to resolvcit. Themanager
at thetime,Davidconforti,beganto

22

w i l t em e u p f o r u s i n gt h ep h o n ea, n dw h c n
I t r i e dt o e x p r a i tno h i m w h a th a p p e n chde,

LJ
.A
L+

firedme for',insubordination,',
After threeyearsof

25
26
27
28

D e c l a r a r i oonf ' L e ' e S


a a r n r i e n tl ol l a l - c ea ( i u t i c r r e
z)

working at Trump without problems,it was unbelievableto me


that I would be fired for

such a thing and I think that my questioning of their treatment of


us regarding breakswas

the lrue reasonthey let me go.

6
7
8
9
10

I declareunder penaltyof perjury under the laws of the Statof Catifornia


that the
foregoinrgis true and correctand that I executedthis declaratio,non
December . 201L

ll
t ^

LZ

l3

tt,? plr!-LX,,&
LeeaSarmiento(fka LeeaGutierrez)

I4
t5

r6
I I

l8
T9
20
2l
22
23
A A

z+

25
26
27
28
VI
Declaration of Leea Sarmiento (fka Leea G,utierrez)

Lucy Messerschmidt

Declarationof Lucy Messerschmidt


l.

3
4

My nameis Lucy Messerschmidt.


I am over iB yearsold and havepersonalknowledge
of andwould and couldcompetently
testiryro the following:

2.

I am the plaintiff and classrepresentative


who filed the first of thesetwo consolidated

lawsuitsseekingclassactionstatusovermealand restbreakviolationsat theTrump

NationalGolf Club. The factsbelowarethe fbundationfor the sub.ject


classclainis.

i,

I am a f,ormeremployeeof Defendant
VH PropertyCorp.,which is the entitythrough

which DonaldTrump operateshis Trump NationalGolf Club in PalosVerdes.I worked

at the 65olfclub as a hostessfor severalyears. I was fired after I complainedaboutage

t0

discrimination
(i.e.,not beingscheduled
to work w'henDonaldT'rumpwason the

lt

premisesbecauseof my ageand Mr. Trump's known preferencefor young"prettywomen

12

in the hostessposition)and not beingallowedto takemeal or rest breaks.

1 3 4.

I work,:das a hostessfrom aboutAugustor October2006 throughthe end of April 2008.

14

wasthatI startedworkingat Trump in August,but clocuments


[My recollection
I have

15

reviewedor beenshownduringthis lawsuitsuggestI did not startworkinguntil

16

October.]InitiallyI typicallyworkeda six hour shift,but in the latterparrof my

t7

employmsntI typicallyworkedeighthourshifts. I nrade$10/hour.

r8

5'

My dutiesgenerallyconsisted
of standingby the frontcloorof the club.greetingguests

19

and seatingthem,answeringphonecalls(andtaking reservations),


runningerrandsfor

20

managers,
and performingothermiscellaneous
tasks. I was repeatedlytold by managers

21

thatthe hostesspodiumshouldneverbe left unattendecl.

22
a1

z)

24
25
26
27
28

Declaration
of LucyMesserschmidt

6.

SothattheCourtcanbetterconsider
my testimony(andalso seewhere

I was basedwhen

working),inserted
belowis a photograph
takenof me by the hostessstationat the Trump

N a ti o n aGo
l l fC l u b .

4
5

7
8
9
t0
ll
t2
l a
I J

14
15
16
17

7,

When I startedworking at Trump, I receivedno trainingor instructionfl.omany manager

l8

aboutrny rightsto 30 minutemealbreaksor 10 minuterestbreal<s.


No manager
ever

l9

d i s c u s s esdu c hr i g h t so r t h ep r o c e sbs y w h i c hI c o u l dt a k eb r e a k so f s u c hl e n g t h sN
. o

20

managerever discussedsuchrightsthroughoutmy employment,and I neverheardfrom

2T

any otheremployeeof a managersayingsuchthings.

22
aa

/,-)

ia law

8.

Throughoutmy employment,
my supervising
managers
deniedme (and- base<j
on what I

24

saw &nrJheard- the otherhostesses.


serversand kitcheiVrestaurant
workers)perrnission

25

to takeeitherthe 30 minutemealbreaksorthe 10 minuterest breaksto which I

26

understand
we were entitledlegallybasedupon how many hourswe worked..

27

S o m e t i m e sI w
, a s n o t a l l o w e dt o t a k ea b r e a ka t a l l i f n o o n ew a sa v a i l a b l teo c o v e r t h e

28

hostess
stationfor me - andso I would work eighthourswithouta mealor bathroom

Declaration
of LucyMesserschmidt

break. Othertimes,a managerwould coverfor me but alwayswith


the instructionor

understanding
that I was to huny and be as quick as possibleso that they could
returnio

theirotherduties. No managereversaidanythinglike "lt's time for your


lunchlseeyou

A
T

in 30 minutes"or "Takeyour restbreaknow; seeyou in l0 minutes." Ilecause


managers

(
J

alwayscommunicated
thatbreakswereto be kept as shortas possible.the message
thati

received(and which I understoodfrom my conversations


with them that my fellow

hostessies
and otherserversand restaurant/kitchen
workersreceived)was that we wereto

be as quick as possiblewheneating,goingto the bathroom,or whateverelserecuireda

breakand then get back to work.

10

In addition,I learnedthat one co-workerwho complainedaboutnot gettingbreakswas

11

assignedfatiguingwork (cleaningchairsin the restaurant)


that neitherI nor anyother

12

(to my knowledge)hadeverbeenassigned
hostess
to do before.To me. it seemedlike

l3

punishment/retaliation
for complaining.

14

I believemy claimsaboutbeingdeniedrestand mealbreaksas providedby law are

l5

typicalof thoseof the membersof the Classes


that I seekto represent.
Iam a memberof

t6

the putativeClassesand possess


the sameinterests.sufferedthe sameinjuries,andallege

t7

identicalviolationsas theotherputativeClassMembers.

l8

I neverreceivedany premiumpay for a missedrestbreakor mealbreak.

t9

I will adequatelyrepresentall of the interestsof the membersof the Classes,which

20

consistof all personswho aresimilarlysituatedwith respectto DefendantTrump's

21

commoncourseof conductand practiceregardingmealand rest breaks,I haveno

22

interests
which areinconsistent
with any ClassMember.

a l
L)

Putting the interestsof the classaheadof rny own

24

I will considerthe interestsof the membersof the Classes


jur;t as I would considermy

25

own interestsand understand


that I must put the interestsof the membersof the Classes

26

beforemy own interests.Throughoutthis lawsuit.I havedeclinedto discusssettlement

21

of my individualwrongfultermination
claimsunlessand until the classclainisare

28

resolved(therebyprotectingagainstany argumentor suggestionthat I may try to

Declaration
of Lucv Messerschmidt

colxi)riJI"Ilis*
ihe ciilss'sir'iteiests
in reiurn ioi'grlling $ rllore fir!orirblr prrs{ij:.rr

seiilerlentllmn rithenr,is*riright,ositbtsinirlllc.i. I lrt,,.er,olunlrure<l


li: reilic\sj:: :n)r1

.)

chzrn'rpitn
*t* inlErclsts
oitirtt'tv cthei pcople..vithsimllar cla!rl.nt:scaur* i ihrrli rliis ;,*c

ir; illip$t"t;1X1.
thi:t li !r rhaiteliri lrorr'I-rum^tieafud*:r ilir<1
ifs olhr:r hitrrJ*ilr.i,rl!r ir(r*-

t"tl*nageri*iixr:pli:yeesis sharneJui.and that it is ilr:poltanl rhar al


I Cl{rsstr,temhci:;heneilr

llcm the iuu. eqria)}y.

I'x

I S e l i e v s t h a lt h e s a u i : : ! i o
s f - t i m e .m o n e y a n d r f i b n r e s u l i i n gt r e i m , , : e * i f \ i r g : i i : . .
L ; l : , *\ !' . : l
brnclrt all parriesnnd rhr't.ourt.

$Y qf;rticiP-aticn.in thjtlqYsuil

t0

ii

l hsve rubsta.ntiirily
parlicrpaterjin rhis la$'suir. I have arrendedfour *f rhs llvt,

il

detrNrsitions
ltlai ruy la*'yer (Jeffrey Cou,an) and rhe larvyersi"elrplainriff l)3r,.' |)err..hrr c

l )

t $ k i : n( t h c i : h yb e i n ga v a i l a b i et o a n s \ y e m
r y l a w y s r ' sq L l e l r t l o nasn i l i r * l p L r . r l 5r): \ . i r 1 r i i l L ,

l l

ihc \vlln*sstsi. and I itiso aitencedthe deposiriono1'Davr Perry.


I har,ebilerriicp.rri:c1
trr

l,t

frurnp {l drclnor atl*r,ij lhe clupositii:rn


ol,loseph"Jt:*:y"Kim. t}relirrnrerpriirrrjr.*i.t)l'
Dat'e Ferrv*and sr:mconerr'ilh u'hom I never interacredofher than his
."irr"
scying
rg rrrc
rnrhen
entsringrhe ch:trhor.rse.l
I hsve atend*d ear:hof'lhe three nediarions

l6

{in,..!rr6inc
fr* rnrrstrercnt onc in Sar l:rancisco)I also har.ehelpe,Jm_viav.o,vet
r*rpfriltl :l i\ i:li{l-

l l ,

t8

i i i $ u r ) r t c t . i . a r : d h c l pie' lcr 1
i c? o1 n m c t o r m e e t r \ l l h \ \ ' i t n e s ; e s i p u t a t i r , c c i a s s r n * * r h , " . 1 . r .
irr.i!i

I (.1

continueto panicipalein this lawsuit,up and thr^ough


rhe timcrofjrrdgrneni*nc i,,iil

10

providetri*l restimony,
if required.

2i

llr

I recogrlix* *nd accep{ t}iat an,vresolurion of th js Iawsuir


by, eith*r senl*1n*iri oi. ,j::;ii.,iir.,:,

:-'

It:usi ht Cesi*ntri in tiir besl urle!'t\t (rj'iiie nic::ipq'r-s


()i'tlle Cla.r.rtlr.il) :i \\ i.t\j:; .:;ri: r..

ll

sub.irlCfl() Cr)u!'tiipp:-r)ral

;-+

I decl*re$ndsrFenait' of perjury*nder tlre l*ws $f the Stat*r:f

io

Califo..njatharihc
tbr*g*ingis tru* zlrrddorrsctandthat i execuicdthisdeclaration
ort Jul.,,l g. zfi i :

t:
'r'.i

'z\

ll*c iarit i*n of l..uc;-fu!r:sserschrni<li

I\4[aralBolsaJflan

D eclar ationof Mar al Bolsajian


l.

3
4

My nameis MaralBolsajian.I havepersonal


knowledge
andif calleduponto do so
wouldandcouldcomperently
testifyto thefollowing:

2.

I workedas a hostess
at the TrumpNationalGolf Club from about2007LrntilMay 2010.

3.

WhenI was first hired,I workedapproximately


six hoursa day from l0 a.m.to 4 p.m.

5
o

This periodoverlappedwith Lucy Messerschmidt


alsoworking as a hostessthere.

Ms. Messerschmidt
job, I wasgivenher scheduleand startedworkingg
lost her hostess

hoursa day from 7 a.m.to 3 p.m.on Mondaysthroughrhursdays.


-fhroughout
my employmentas a hostess
at the Trump NationalGolf club. my

l0

managers
consistently
eitherforbadeor dissuaded
me from takingthe l0 minuterest

12

breaksand 30 minute meal breaksto which I now understandI am entitledto receive

13

underCalifornialaw.

N x

3,;;"

t4

o.i --

l5

I s9 9

rf 5>
e

",
c - a

4.

After

t break

5.

Throughoutmy employment,no managereverencouraged


me to takea 30 minutemeal

l6

or a ten minute restbreak. Instead,I would get short,rushedbreaksonly if

17

one- and the messageI receivedupon makingsucha requestwas that it was

l8

unwelcomeand an impedimentto the club'sbusiness


operations.This attitLrde
or

l9

"corporateculture"discouretged
me from evenrequesting
a breakunlessI really.really

20

neededto eator go to the bathroom(or do somethingelseof a personalnatLrr.e


like

2l

phonecall to a family member).

22
aa
L)

6.

l requested

BeforeMs. Messerschmidt's
lawsuitwas filed, my former managerSue Kwiatkowski
typicallyu'ouldrespondto rny requests
to go to the bathroom(l typicallyneededto use

24

it by I p.ni.eachday)with rvordsto theeffectof "go takea break


but makeit fast". Ms

25

Kwiatkowski'stone invariablywas nice (sheis a very pleasantperson)


but alsomade

zo

clearthat I was to hurry and had to returnto my dutiesas swiftly possible,


as
Ms.

27

Kwiatkowski invariablymadesimilarstatements
if I askedto takea meal break.

28

Regardless
of whetherthe managerItalked to was Ms. Kwiatkowskior sorneone
else.I

D e c l a r a t i o no f M a r a l B o l s a j i a n

wasalwaystold essentialty
to "hurry". NeitherMs, Kwiatkowskior anvothermanager

e v e r t o l d n l e a n y t h i n g t o t h e e f f e c t o f " o k a y s e ely0omuiinnu t e s w h e n y o u r r e s t b r e a k

is over" or "seeyou in half an hourwhenyou aredonewith your lunch...

1.

any breakbecauseI was told that I could not leavemy stationunattended.


Sometimes.

whenI neededto takea breakandaskedto do so, I wastold thatno


one wasavailableto

coverfbr me and I hadto remainat my stationandcouldnot takethe


break.

8.

Invariably,I would takeonly aboutfive minutesto eatand would do so while


standing
outsidethe kitchenin the enclosedoutdoorareaby the facility's trashcans.
This

l0

locationwas whereemployeesweresupposeto eat or taketheir breaks.


Becausethe

ll

restauran
t r v e dl u n c ht o t h ep u b l i cf i o m l l a . m .t o 3 p . m . ,w e w e r en o t
se
a l l o w e dt o

t2

takea full meal breakduring that time (regardless


of whetherotherpeoplenrighthave

l a

beenableto cover for us).

tJ

After Lucy Messerschmidt


stoppedworking at the club, I often was not allowedto take

N :

3.;;-

t4

c .ii 3 s

l5

takingor requesting
a restbreak(typicallyto usethe bathroom)or mealbreak.Like Ms.

16

Kwiatkowski,her toneusuallywas nicebut alsofirmly conveyedthat


I hacJ
to be as

_.o

3 9sl b9o 9

rI 6>o 3 g
F

t t

quickas possibleandthenreturnto work. As a result,I alwayswas pressured


to take

l8
19

JenniferBrennanis anothermanagerwho alwaystold me to ,'hurryup', when


I was

lessthan 10 minutesfor bathroombreaksand lessthan 30 minutesfor


a meal

break.

1 0 . As a resultof the environmentandculturethatI havejust described,I think ir is

20

accurate
to saythat I was rushedduringmy breaksvirtuallyeverysingleclayI worked
at

2l

l'rump. I nevergot a fLrlll[) minuterestbreakor a 30 minute


mealbreak,

22
23

ll

At no time that I workedfor the Trump NationalGolf Club did


any managerever
referencethe company'semployeehandbook. The handbookmay
havephysically

)A

existed'but as far as I am cclncerned


and as far as I experienced,
its conlentsregarding

25

breaksanddiscrimination
existedsolelyon paperand werecreatedsolely,lbr

26

purposes'To my knowledge,it had no affecton how I and my


fellow ernployees
were

21

treatedor how the club was run.

28

D e c l a r a t i o no f M a r a l B o l s a i i a n

corporare

I
2

Food servers& kitchenworkers beins denied breaks

t2

It wasalsomy experience
thatup until thetime that Lucy Messerschmidr
flled her

lawsuit(and perhapsfor somemonthsthereafter)that other workersat the Trurlp

NationalGolf Club suchas food serversalsowere not allowed-

or would be

- from takingftrll mealandrestbreaks(e.g.,10


dissuaded
minuterestbreaksand 30

minutemealbreaks).More specifically,
I and the otherhostesses
would sometimes
be

directedto walk aroundthe club to performa task(e.g.findingsomeoneor clelivering


a

message).As a result,I regularlyheardemployeescomplainaboutnot beingallowed


to

"humy up" with a break(evenif the personwasjust startingto takeit) or simply that

ll

theycould not takea break. Managers


whom l heardmakesuchstatements
includeSue

tl

KwiatkowskiandJenniferIlrennan.

l3

3i!.

t4

r f d : !

10

3 s! 9
- . s E
..o

takea meal or restbreak. I alsoregularlyheardmanagerstell food serverseitherto

T.u-p'.

13.

l5
l6

ho.tilify to haningto l.t us tuk" -eul &

breaks
"est
After Lucy Messerschmidt
filed her lawsuit,Trump eventualiystartedensuringthat I
and the other employeesreceivedand took our breaks.

14.

Oneday the club'stirnecardmachinewasnot workingwhen I triedto clock-oLrt


for

t7

lunch. As a result,I wasthreatened


with a disciplinarywrite-upeventholrghI hadtried

l8

to clock-outand had reportedthe malfunctionto the club's humanresources

t9

department,

20

i5.

I laterattendeda staffmeetingaboutthe company'snew mandatorypolicy gsing


of
rhe

2l

tirneclock' Duringthe meeting,managerTom Sperandio


(l think he was thecontroller)

22

saidin a hostilevoicesomethingto theeffectof "thereis onepersonwho

11

is doingthis

to us and ruining it for everyoneelse." I understoodMr. Sperandio


to be refen.ingto

1A

the club's changein policy of now requiringits employeesto take

25

meal and restbreaks

and to clock out duringmealbreaks.

26
27
28

16.

one day in the Springof 2008,ManagerBrian Wolberscalledme


into his office and
told me that DonaldTrump wascomingto town. He thensaidsomethine ,,1
like want

lll

Declaration
of Maral Bolsajian

you to take 3 daysoffand you canmakeit up on the weekend.you and Lucy

fMesserschmidt]cantake 3 daysoff. you know how Trump is.,' I told Mr. wolbers

that DonaldTrump hadnevermet me andI did not understand


why he would not want

A
.f

me workingwhile he wasthere.Mr. Wolberssaidsomethinglike o'Youcanmakeit up

lvlaral.He wantsyoungerfreshfaces." I told Mr, Wolbers"Maybe I'm too old for this

job." He thensaid"oh no, 'you'rebeautiful.Don't worry aboutit.,' r.ater,I learnedfrom

Lucy Messerschmidt
that strehadcomplainedto the club'sgeneralmanagerDavid

Confortiand alsoto assistant


generalmanagerLili Amini aboutbeingtakenoff her

regularschedulebecauseDonaldTrump was going to be in the club and wantedto see

l0

youngwomenworkingwhile he wasthere(asopposedto Ms. Messerschmidt,


who was

1i

in her40s). Ms. Messerschmidt


latertold me thata changehadbeenmadeasa resultof

l2

her complaintandthat'ke're working." And in facttrdid endup workingwhile

l3

Donaldrrump was in the club and got to meetMr. Trump for the first time.
's lack of

14
l5

17.

I latermet DonaldTrumpapproximately
5 or 6 moretimes. AlthoughI am a grown

t6

womanin my forties,Mr. Trumpregularlygreetedme with expressions


like "how's my

l1
18

favoritegirl?" Later,afterhrslearned(by askingme) that I was married- ar-rdhappily


so - he regularlyasked"are you still happilymarried?"wheneverhe saw me. Mr.

l9

Trumpwould alsoregularlyaskme to posewith him for photographs.I foundthese

20

- but felt I hadlittle recoursegiventhat


actionsinappropriate
anduncomfortable

L ]

a 1

DonaldTrump is not only theheadof thecompanyburtalsooneof the mostpowerfui

22

well- known peoplein the LlnitedStates.ln short,I consistentlyfognd Mr. Trump to be

aa
LJ

overly familiar andunprofes;sional.

1A

25

I declareunderpenaltyof perjuryunderthe laws of tho

2 6 foregoingis true and correctand that I executedthis dec


27
28

Declaration of Maral Bolsajian

thatthe

MarianaSaiilchez

Declaration
of MarianaSAnchez

1.

3
4

wouldand couldcornpetenrly
testifyto the following:

2.

5
6

My nameis MarianaSanchez.I havepersonalknowledge


and if calleduponto do so,

My currentemployeris the Trump NationalGolf Club, where


I as a hostessin the
diningroom. At the moment,I am not workingwhile out on
maternityleave,

1
J,

I startedworkingas a hostess
at the TrumpNationalGolf Club in abouteitherI-ebruary

or March2007. Towardstheendof theyear,afier Xcomplained


to management
about

not havingenoughtrainedhostesses
working with rhe,managersstartecltellingrne(and

otherhostesses
in my presence)
that we werenot alXowedto takeeitherrestbreaksor

10

meal breakseventhoughwe wereworking eight hour shifis. our


standinginstructions

ll

werethatsomeone(andpreferably
morethenone hostess)
was to

t2

times' Managerswho told me this includedJennif'eiBrennan,


Chuck West.and Sue

t3

Kwiatk'owaski'At one point, I askedaboutthis "no breaksfor


hostesses,'
rule and

o 9
) , 1 9 o

t4

managersChuck West and SueKwiatkowaskieachfioldme that it


had alwaysexisted

6 i_:F;

l5

but thatthe club had not alwaysenforcedit consistdntly.

3 sP !6 9
0

be at the podiumat all

. , s E

t6

.Ai .

While I workedat the Club"managen-rent


typicailyalllowedmostemployees
to takea

17

meal breakbetween4 and 4:30 in the aftemoon. Hcistesses,


however,werenot allowed

l8

to takesuchbreaksbecause(accordingto managem$nt)
we had

l9

anyonecameinto the dining area.

20

J .

to be up fiont in case

As a result,and especiallybefbreI becamepregnant;I would often


work eighthours

21

straightwithout gettingeitherany paid ten minute bieaksor


an unpaidthirry minute

22

meal break' On the occasionswhereI reallyneededto usethe bathroom.


I would have

ZJ

to get specialpermissionto do so from a manager,rilhichinvariably


camewith a

24

warningto be quick. As a result,suchemergencybalthroombreaks


invariablywereless

25

thanfive minutes.

to

The Trump NationalGolf Club'sprohibitionagainstbreakswas

27

otherhostesses
wereworkingandableto "cover"thd station,For example,
one

28

aftemoonin approximatelyMarchof 2008.I and co-hostess


LaurenSmith decidedto
takea breakduring the employeemeal period. We

enforcecl
evenwhen

were hungryand tired.and a third

r - r u gc b u u u + ; z u P

IlBrtln

Snchez

547 -362 I

P . 1

hostess(a woman namedAticia whoselast nameI do


fiot know but who appearsto be

of Hispanic ancesfy) was on duty with us that day. Sfe also


was fulry trained.

ManagerJennifer Brennan saw me and Tauren Smith thking our meal

and scoldedus, and told us neyerto do this again.

brea! approached

8
9
l0
lt
12
l3

r4
t5
16
17
l8
lo
20
2l
22
23
24
25
26
27
28

I declareunder penaltyof pefury underthe laws of the Stateof


Califomia hat the
foregoingis true and correctand that I executedthis declaratiohon
July _, 200g i
Angeles,California.

Mntthe\ryLo$tritto

3
4

My nameis Matthew Lostritto. I havepersonalknou/ledgeand if calleclLrpon


to closo.
wouldandcouldcomperenrly
restifyto the following:

I workedas a bus boy and fbod runnerat theTrump NationalGolf Club (..Trump")
fiom

aroundMarchof 2007to early2009. Igenerallywor{ed six to sevenhours,fbur


to five

daysa week' The managersthat I dealtwith most wete SueKwiatkowski..lennifer

Brennan,and Brian Wolbers. David Confortiwas th{ generalmanagerwhen I worked

at Trump.

3.

l0

SothattheCourrcanhavea mentalimage,o u..o-p{ny my testimony,


belowis a
recentphorographof me.

1l
t2
l3
t4
15
16
t7
l8

L a c k o f l 0 M i n u t e R e s tB r e d k s

4.

I did not receiveregularten minuterestbreakswhile vVorking


at Trump, 1-hemanagers

t9

at Trump frequentlyemphasized
in staff meetingsthat becausewe areassociated
wirth

20

the "Donald rrump" name,the standards


arehigher,efpeciallyregardingcustomer

/. I

service.As a result,the fbcusof the managers,


conveledby theirwordsanclactions,

22

wason servingthe customers


insteadof the needsor rfghmof the employees,The

23

managersrepeatedlytold me and the otherbusserstha! we shouldalwaysbe on the floor

24

(the floor of the restaurantwherecustomerswere seatfd)when we weren't busywith a

25

task in the back (the bussersdid taskslike fill waterand slice breadin a backareaof the

26

restaurant,
which was separated
from the floor). Mana]gers
nevertold nre tharI was

21

entitledto a breakof encouraged


me to takea break.{he only way I wasableto takea

/.6

breakwas if I askeda tnanageror took it uponmyself{o sneaka breakin whenthe

restaurant
was slow, Quite often.when I was in the

back. If thebussers
werein thebackbutnot worki

saying,"Get back on the floor." I regularlysaw an heardabout managclsgoing

k area,a managercarneto the


the manasersshooedus orit

lookingfor anemplovee
if thevnoticed
heor shew

few minutes.Several
timeswl-ren
I wasat theloadi dockstryingto takea shoribreak,

JenniferBrennan came out and said to me and the o heremployees


thingslike."What

are yolr doing here?" and ''You need to get back in here." The message
thatI got fiont

the way the managersreactedto our takingbreaks

the employee,

noton thefloorlbr a nrorethana

s that breakswere not a risht of

'fhere
was no

i0

Whenthe restaurani
\vasbusv.it wasevenmole di icuit to takebreaks.

ll

w'ayfbr the bus boysor fbod runnersto takea breal<withoutthe work prodr.rct
suffering

t2

(therewas no systemfor coverageset up and it was

13

for more than a minuteor two without consequence


at Trump
). Becausethe standards

14

wereso high,the managers


communicated
to us tha any declinein work productwas

t5

unacceptable.
Wherrthe restaurant
was busy.I rarel got any break,otherthanto go to

16

the bathroom.This wastrueevenif the restaurant

T7

Becausethe restaurantwas frequentlybusyfor enti shifts,thereweresomeemployees

18

that took breaksonceor twice in a shift when they

1q

did this eventhoughtheyknew it was fiownedupo . T h e e m p l o y e etsl i a tl i e q L r e n t l y

20

took breakswerescheduled
lessoften. I heardrriultp l e e m p l o y e ecso m p l a i nt h a tt h e i r

1 1
L I

shiftswere cut aftera managersaw them so on

the week before,

22

Once,i had to cail in sick when i was scheduiedto

rk. Artel I calledin sicktiratday.

23

I wasn"tscheduleagainfor abouttwo weeks.Ot

24

alwaysscheduled
for fbur to five shifisa week. Aft r t h a t ,I r e a l i z e d
t h a ti 1 ' lw a n t e dt o

25

be scheduledfor work and be ableto earnmv livin

26

was scheduled.

27
28

Declarationof ManhewLost

busyto let the wolk go undone

busyfbr the entircshifi,

ededto eat,smoke. or rest. They

thanthat time.I generallyw'as

I alwayshadto work wheneverI

Basedon how I saw rnanagement


treatemployees

took breaks,I f-eared


that thev-

w o u l dp u n i shmew i thl essor lesslucr ative


sliifias gnments
if I tookbr eaks.

a
J

l-herefbre.
wherrtherestaurant
wasbusy,I never

A
T

my shift with no breakswhen it was busy. I never w a food runneror bLrsboy


get

punishedfor taking a bathroombreakas lons as it

bathroom,I ran and wentquickly. But, otherthant go to the bathroonr^I ciidn^ttake

breaksat all on busy.days.[r wasso busythat I cou not takeany break(otherthanto

go to the bathroom)on the majorityof the daysI

treatedbreerks.Thev infomreci us tirar w-ewere entlt

ll

beganissuing mandaiorymeal breaks.

1 a
I J

Lack of 30 MinuteMeal B

t0.

q u i c k . S o ,i f I h a dt o g o t o t h e

ed,

Around the time that I was leaving,the managemendrasticallychangedthe way they

i0

t2

them, I alwaysworkedthroLrgh

I almostneverreceiveda 30 minutemeal breakat T

to restand mealhreaksand

aks
p. I got no meal breakor rest

14

breakof any kind on more thanhalf of the shiftsI

1 J

break,I typicallyreceived
I 0 or l5 minutes
breakw

16

possibleto takea 30 nrirrutentealbreakonlv olt ve

rareoccaslons.

I declareunderpenaltyof perjuryunderthe laws of

e Stateof Californiathatthe

rked, WhenI did receiveany


the restaurant
wasslow. lt was

17
18
t9

lbregoingis true and correctand that I executedthis declarar. o n o n J, u,l y t ) 2 U| : .


l(,

20
2l
22
23
24
25
/.o

27
28

Declarationof Manhew Lostri

Neil laco o

I
2

Declarationof Neil Iacono

3
A
T

wouldandcouldcompetenrly
testifyto the following:

2.

consisted
of ensuringthatthingsran smoothlyfor golferson the club'sgoll'course,

Iwas employedat the Trump NationalGolf Course('JTrump")from 2006to aboutJune


o f 2 0 l 0 . I n i t i a l l y I, w a sa p l a y e rh o s t( a l s oc a l l e da " M a r s h a l l " ) . M y d L r t i egse p e r a l l y

My nameis Neil lacono. I havepersonalknowledgehnd if calledupopro do so.

3.

In April 2007,I becamea substitute


starter(l worked[n daysthatthe regularstarlerdid

not), and my primarydutiesinvolvedgettinggolfersdtartedon their play at the

appropriate
time (according
to scheduled
teetimeson a givenwork day).

l0

Throughoutmy employment,
I typicallyworkedfive t[ six hoursa day"bLrrsometinres

t1

workedup to eight or nine hours. I usuallyworkedtr{o daysa week. My supervisor

l')
I L

was Mike Gaineyfor approximatelythe first two year$and JoeyKim for the lasttwo

li

years.

N X

:;"i.
: ; o 9

t^ sP 69 -9
: l i > ^.

t4

J.

15

So thatthe Courtcanhavea mentalimageto accomp{nymy testimony.be-lowis a


recentphotographof me.

i6

c - 6

t7
l8
19
20
2l
22
23
24
25

Restand
6,

WhenI startedworkingat'frump, I receivedan emplo[eehandbook.I readthroLrgh


it.

26

It containedlanguage
statingthatemployees
wereto rd,ceive
l0 minuterestbreaksand

27

30 minutemealbreaks.But thatianguage
- as I
mightas wdll as neverexistedbecause

28

am goingexplain now - the managersat Trump did ndthingto carryout of enforcesucl-r

Declaration
of Neil I a c o n o

policiesuntil after lawsuitshadbeenfiled againstthe club regardingmeal and fest

breaks. Plus,my managers


consistently
actedin waysthat prevented
or cliscouraged
n1e

and nry co-workersfi'onrbeingableto takesuchbreaks, Thesepoliciesnrayhave

existedon a pieceof paper.but beyondthattheywerebogus;a fiction,

7.

I notethat beforelawsr.rits
were filed regardingthis issue,no Trump managerevertalked

to me (eitheraloneor with co-workers)


aboutbeingentitledto take 10 nrinuterest

breaksor 30 minutemealbreaks.

8
o

Would R

8,

10

,u :N8 x5
5 . 7 t c
J

Throughoutmy employment,the club (throughits managers)regularlymadeclearto me

ll

and my co-workersthat we wereexpectedto perfornrat a very high level because


of the
''reputation" "brand"
or
thatTrump was intentof maintainingfor high perlbrmal-lce
of

t2

superiority/quality.
I)artof the message
we receivedwas thatemployees
who failedto

T J

performto the expectedstandards


would be discipiinedor fired becausethe expected

14

standards
weretakenvery seriouslyandtherewould be consequences
if'theywerenot

l5

met. Durirlgmy employmentIlearnedof employees


in differentdeparln-rents
being

t6

firedfbr performance
reasons.And. of course.Iand my co-worlcers
wereawareabout

tl

DonaldTrump beingon the televisionshow"The Apprentice"and that liis "tag line"

l8

wastellingpeople"You're fired." The resultof all of thesefactswas an environment

lI o
t

thatI considered
stressfulandwhich I know (from talkingwith co-workers)
thatother

20

employees
considered
stressful.

S : :

! ; u 9

i^ ;9 d! i-

rf d>

^ . - E
c - o
F

21
22

No l0 minute rest breaksas a Player Host/Marshall


9.

course,rnonitoringarrdattendingto the needsof golfers,and makingsLlrethat

Z)

24
25

. y overriding
A s a p l a y e rh o s t( a " l \ l a r s h a l l " )m
d u t i e si r r c l u d ed r i v i n go n t h eg o l f

everythingwas going as it was supposedto (accordingto policy and procedure).

t0,

All of the club's golf cartshadGPSmonitoring,which helpedme manageback-ups


on

26

the golf course.Therewasalsoa monitorat theclub's Pro ShopthatcoLrlcl


access
the

27

cartlocations.

28

l1

Throughoutmy employmentas a playerhost,I would be askedto go to particularhole

D e c l a r a t i oonf N e i l I a c o n o

l o c a t i o nos n t h eg o l l ' c o u r s teo s o l v ea p f o b l e me. t c . .a n c w


J h i l e I d i d s o n r ) 1n r a n a g eM
r.r.

Cainey'and otlieremployees
couldmonitorrny locationlrom the Pro Shop. If I did not

get to a locationfastenoughto suit a manager(e.g.,Mr. Gainey),I would be contacted

on the radio and askedto explain/justifythe perceiveddelay.

t2.

Theserepeated
actions(andtheregularlycommunicated
message
that not perlbrnring
to

management's
expectation
would resultin discipline)madeclearto me thatif'niy cart

werestoppedeitherfor more time thana managerdeemedreasonable


or becauseI

wantedto takea break,I could be reprimanded,


suspended,
or, if it happenedofien

enough.evenfired. l-herefbre.
I nevertook restbreakswhile employedas a player

10

host/Marshall.

1l
l )

l3

In April 2007,l becamea starter.My dutieswereto check-inandaccommodate


all

l3

golfersplayingat the club'sgolf courseon a givenwork day. In thisjob. I wason call

5 . i r o

14

from the time that I reachedmy work stationuntil the last playerslefi the course

: ; U 9

15

(usuallvat the endof my shift- sometimes


laterif so directedby my manager).I was

3 sI o: - 9

. : ; > u : .
^ , = Z
c - @
F

1 a

lo

unableto takea breakbecause


I invariablywasneededat my post- almostcontinuously

tl

- nlostof the time.

r 8 t4.

For example,in the summermonths,I wouldstartwork at 6 a.m.and my shifi typically

l9

endedat approximately
2 p.m. On mostdays,teetimeswould be bookedbrack-to-bacl<

20

f i o n r6 a . m .u n t i l m y s h i f ie n d e d .T h e r ew a sn o b r e a ks c h e d u l eidn t ot h et e e - t i m e s

2l

rosterfor me to takeeitliera 30 minutemealor a l0 minuterestbreak.

22
a1
LJ

I J

Becausethe club aisoaccepted"walk-on" golfers,therealwaysexistedthe potentialthat


I could havea customerat any moment. My manager,Mr. Gainey,told rle it was my

24

r e s p o n s i b i l it o
y r n a k es u r et h a ta l l p e r s o nps l a y i n gt h ec l u b ' sg o l f c o u r s cw e r e

25

accommodated
and had everyamenitytheyneeded.I could neverbe away fiorn rny

26

podiumwithoutbackupcoverage
because
a scheduled
or walk-onplayercouldcomeat

21

anymomentandit wasmy soleresponsibility


to takecareof themasthesrarler.There

28

was usually no one that could cover fbr the stal'terbecausethe only othcr personirr the

ill

D e c l a r a t i oonf N e i l I a c o n o

areawasthe personrunningthe pro shop(whichwas usuallyjust one person.sometintes

two peopleand theycouldnot leavethe pro shop). Nor did Mr. Gainey.Mr. Kim, or

anyothermanagerevef saythatI couldaskthemto coverfor me so tharI coulcltakea

break.

16.

When I was a starter,we werenot allowedto usethe bathroomsin the main room of tlie

clubhouse.Instead,I and my co-workershad to go to an outsidebathroomwhich was

furtheraway. Becauseit requireda few minutesto get thereand back.arrdbecause

therewas usuallyno one to covermy post,if I hadto go to the bathrooml ofierrhadto

wait until activity sloweddown. When that finally happened,I would hustleto the

10

bathroomand retum l.omy postas fastas I could. No managereverencouraged


me to

li

takea 10 minuterestbreak. In fact,I wasneverencouraged


or invitedto takeanyrest

12

break,let alonea l0 rninutebreak.

l3

n,

Evenwhen the coursewas slow,I did not feelcomfortabletakinga restbreakor full

N :

3.:;o
I
^

i : o
s i 6
9 ?6 o

ri5>. , s E
t - 6
F

14

meal breakbecausethe words,toneand actionsof my managersconveye<1


a message

t5

thatwe shouldalwaysbe working. Severaltimes,I saw and heardmanagers


Mike

r6

Gaineyand JoeyKim approach


employees
whom theysaw sittingdown andrestingand

t7

questionthem aboutrvhy they werenot working, Their words and tone intimatedthat

l8

tlreynrustbe lazy if theyweren't"busy". Nor on theseoccasions


did Messrs.Gaineyor

l9

Kim cverask if the employees


weretakinga restbreak. My manager.Mil<eGainey,

20

told me repeatediy
thatour "'numberone" prioritywasto providefor our guests(and

2l

neitherhe nor any othermanagereversaidanythingaboutmakingsurethat we were

22
23

cornfbrtable
or restedor otherwisehappy- at leastnot until monthsafterlarvsuits
were
'fhe
filed).
managers
createdan atmosphere
in which the message
was thaterlployees

24

shouldalwaysbe working. lf a managersawemployees


takingbreakswhile on shift,

25

their word and tonecommunicated


that they were not doing what they weresupposedto

/.o

be doing. As a result,evenif I wasnot busywith my regulartasks,I alwaystbundwork

21

to do somewhere
elseand did not takerestbreaks(10 minuteor otherwise)fbr I-earof

28

beingreprimanded.

IV

D e c l a r a t i oonf N e i l l a c o n o

I
2

L L - i

3;1.

18.

Nor was I ableto take30 minutemealbreaksas eithefa playerhost/m;rrshall


or a

stafter.Instead.Ialw'aysatemy mealsin thegolf cartwhile working. lnevertook

formal meal breaksbecause(a) as a playerhost/starter


I had beentold by managemeni

that if someonecalledme on the radio,I hadto be available,and(b) as a starterIalways

had gr"rest
tee times to coverand had to be preparedfor a walk-on at any time. And as

an addedpressure,
Ilvas responsible
for havingall playerssigna liability'release
fbrnt

beforeplayingthe course. If I took my meal break,and a playerstartedgolfing beforeI

couldrequirehim or her to signthe release,


therewasa risk of legaltroublefor my

10

emplol,er,and that I could be reprimanded


as such. I had beeninstructedto alwaysget a

1l

signedreleaseand understood
thatI couldbe disciplinedfor not doingso. As I testified

I2

before,therewas usr"rirlly
no one to coverfor me if I was not working,

13

E"_

No 30 minutemealbreaksasa PlaverHostor Starter

l9

Because
I did not get a realmealbreakas a starter,I oftenwould radionry co-workers

14

and ask them to placean orderat the club's "grill" restaurantfor me. Wlien my food

l )

was ready,I would qLricklygo over thereand get it (sometimesI would asha co-worker

r 3:
- ! 6 s
!( 9; <u i 9'

i^ Is6: 09

, - 1 ; >

t-' I e
E - a

'

1 .

to bring me the food becauseI lackedthe time to get it); then I would eatquickly at my

tO

stationwhile continuingto work. I nevergot to spend30 minuteseatingawayfiom my

l8

work station.Nor did I everspend30 minutesbeingrelievedfrom my dutiesand using

l9

that time to get or eat food.

20
2l
22
' a
LJ

24
25
26
21
28

D e c l a r a t i oonf N e i l l a c o n o

20.

As I nemember,it was not until the last few monthsof my emplol.mentthat I receiveda

formal memo from David Conforti (datedApril 15, 2009)statingwhat breaksI could

1
J

take and making it clearthat I could actuallytakethem. Only then did our managers

starttelling us that we could take3O-minutemealbreaks. For the yearsbeforethat, no

supervisor/manager
evertold me I was entitledto breaks.Accordingly,mid-2009was

the first time that I was allowedto take a 3O-minutemealbreak. But I still nevergot a

10 minuterest break,for the entiretime I workedat Trump, and my managersstill never

took any stepsto encourageor allow suchbreaks.

9
10
11
t2
l3

I declareunderpenaltyof perjuryunderthe laws of the Stateof Californiarhatthe


foregoingis true andcorrectandthatI executedthis declaration
on Decembsr4rfl , ZOtt.

t4
l5
t6
l7
18

t9
20
2l
22
ZJ

24
25
26
27
28

Declaration of Neil lacono

TimothyThatcher

[, Timothy Thatcher,declareas follows:

1'

3
4

I havepersonal
knowledge
of thefactsherein,andif calledasa witnessI could

andwouldcompetently
testiryto thern,
2'

i wasemployed
by TrumpNationalGolf Club from2006to2007asanourdoor

services
a:;sistant.
My responsibilities
included
valet,cleaning
carts,andsettingup for events
and

tournaments,
My shiftsusuallylastedabout8 hours,I workedfrom fourto five daysa week,

3'

AlthoughI wantedto takemealandrestbreaksthroughout


my employment,
I dicl

notreceive
all my mealandrestbreaks.My managers
neversaidanythingto meabouttheclub's

mealandrestbreal(policiesor aboutlegalrequirements;
theydidn'ttell me to clockoutfor my

10

m e a pl e r i o d sA. l l t h e yd i d r . v agsi v em ea ne r n p l o y ehea n d b o o kb ,u tI d i d n ' tk n o ww h e r hI et h e r e

il

wasanythingin it aboutbreaks,
no oneevertoldme. No oneevertold me thatI wasfree[o leave

t2

thepremises
of thegolf coursefor breaks.

13

4.

Althoughthecompanyprovidedfreefood,Iwas usuallytoo busyro eatit.

T 4 Occasionally,
however,I did eatthisfood. BeforeI did so,I hadto askmy manager,
.loeyKim,
t5

for permission
to go,and it wasunderstood
thatI hadto comebackas fastaspossible.lwas not

16

r e l i e v eodf d u t yf o r 3 0 m i n u t e sI ;a l w a y sr u s h e tdo c o n s u mfeo o d ,u s u a l l yg e t t i n go n l y l 0 - 1 5

t1

mlnutes.

18

5.

Therewasnevera setschedule
for mealor restbreaks,No oneevertolcluswhen

1 9 we couldtakernealor restbreaks.Moreover,
we wereoftentoo busyto takemealor restbreaks
20

because
of theflorvof custorners.

2T

6'

My managerneveraskedme whetherI hadreceivedmy mealor restbreaks,

22

1.

The companydiscouraged
employees
fromtakingmealandrestbreaks.I askedto

23

takea breakon severaloccasions,


andmy managertold
rneto hurrybackorto makeit ascluickas

24

p o s sbil e .

25

8.

My manager
insisted
thatbecause
thiswasTrump'sgolf courseit hadto betop-

26

notchandhewasconcerned
thatif Trumpobserved
employees
eatingor resting,
Trumpwould

2l

notbepleased,

/.6

D E C L A R A T I O NO F T I M O T H YT H A T C H E R

9.

When I did eat,it was nrshed;I ate as quickly as possible,sco{feclmy food,and

returnedto work. I neverhad a iull, uninterrupted


l0
30 rninutesto eal or a tull, uninterrupted

minutesto lakea rest break.

4
5
6
7
8

10.

Becausei was neverilrstlucted


to clockout lor mealbreal<s
and did not receive

meai trreaks,I never clockedout for them.


1 l.

My managernever askedme rvhethermy time recordswere accurateor whether

the fact that I had not recordeda meal breakwas accurate.


12.

I neverreceivedplerniumpay for any ol'the mealor restbreaksI missed.

13,

One ofthe perksofbeing a valetwasthat I gottips, Val.etspooiedtips,but

t0

unfortunatelymanagers,lvho worked more hoursthan we did, took part in our tip pool, andsince

11

they alsoworked more hoursthan the valets,they would also get more of the tips than us.

T?

I declareunderpenalr,v
of perjuryunderthe lawsof the Stateof Calitbrniathatthe

l3
L4

ibregoingis trueald correcf.


Executedthjs l.j

day of July"2012,at'lorrance,Califbrnia,

t5
-----------Y--_-------Z-----.

lo

t7
l8
1
0
t /

20
1 1
L I

z2
1 l

LJ

24
25
)6

21
28

Timoth;rThatcher'

Carla Gonzalez

Declaration of Carla Gonzalez

My nameis Carla GonzaIez.Ihavepersonalknowledgeand if called upon to


do so,

a
J

would and could competentlytestify to the following:

A
T

I am bi-lingual in Spanishand English (Spanishwas the first language


in my home
growing up), and I am studying to be a court-certified interpreter.
I am employedas a
legal assistantfor Cron, Israelsand Stark,which is in the samebuilding
and on the same

5
6
7

floor as The Cowan Law Firm.

I sometimeswork as an interpreterfor Jeffrey Cowan and The Cowan


Law Firm (e.g.,

when he needsto communicatewith a Spanish-speaking


person).

10

F
-

^-

1i

ln approximatelyearly October20II,Mr. Cowan retainedme to


contacta putativeclass

I2

member,whose contactinformationI understoodhad beenobtained


in discoveryin this
lawsuit, who spokeprimarily Spanishand very little English.
At somepoint around
5:30 pm or 6 p'm., I telephonedthis man with Mr. Cowan's (then)
law clerk/assistant

13

to s' i ;s:&; ^

I4

6 i:.8

15

JenniferDooley (whom I understoodfrom having socializingwith


her over mealsis

16

licensedto practicelaw in New York and Florida but not California)


so that I could
questionhim for Ms' Dooley. When I reachedhim, I identified
myself and Ms. Dooley
as personscalling on behalf of the lawyersrepresentingLucy
Messerschmidtin her
lawsuit againstthe Trump National Golf Club for its failure
to allow meal and rest

i ;:9
,Y35F

I7
18
lq

20
l
.) ,1 |
I

breaks" This man told me in Spanishthat althoughhe and


his colleaguesalsohad been
deniedsuchbreaks,he did not want to talk to me becausehe
was

worried aboutthe

221

Trump National Golf Club retaliatingagainsthim by firing


him. As a result,the call did

231

not go any further.

24I
I
2sll

At somepoint within a few daysafteroctober4,2011,


Mr. cowan or Ms. Dooreytold

il

26ll
),7ll
u'
ll
tl

me that Mr' Cowan had talkedwith the witness/putativeclass


memberthrougha relative
(who speaksgood English) and that the witnesshad changed
his mind and agreedto be
interviewedand give a statementfor usein this lawsuit.

28 tl

Declaration of Carla Gonzalez

I
z
J
A
T

I and Ms' Dooley then again telephonedthis witness but he said that after further
considerationhe was againunwilling to talk or give
a statementbecausehe neededhis
job and was too afraid of losing it.

I havereviewedJeffreyCowan'sOctober17,20ll
and Novemberl g lettersto Jill

Martin and Glenn Briggs about this incident (Exhibits

truthfully and accuratelyreciteswhat happenedwith


respectsto the conversationsthat I
(and \4s' Dooley) had with this witness- whom
I am not identifyrngat the directionof
Mr' Cowan to protecthis privacy and ensurethat he does
not suffer any retaliation.

8
9

_ and _ to this motion). They

10
i1
I2
1 a

IJ

u_ Nx

B::;^

(g'isi
J P :
-

6 , q !

o < _.o

Bs:9
^

I+

15

P 6 0

rf d >-

t6

I7

I declareunderpenaltyof peq'uryunderthelawsof the

stateof californiathatthe

foregoingis trueandcorrectandthatI executed


thisdeclaration
on July 16, 2012.

18
19
20
2I
22

1A

25
26
27
28

Declaration of Carla Gonzalez

AntlhonyJ. Orshansky,
Esq"

I
2
?
4
J

I, AnthonyJ, Orshansky,
declare:
l'

I a m a n a t t o r n e y l i c e n s e d t o p r a c t i c e b e f ocr o
eu
a rl lt s o f t h e S t a t e o f C a l i f o L n i a ,
I
havepersonalknowledgeof the factsherein,and if calledas
a witnessI couldancJ
would
competently
testifyto them.
2'

7
8
9

l0
I

'

l l

t2
t3

I am a graduateof LoyolaLaw Schoolanda paftnerat the law firrn of

Orshansky

& YeremianLLP, counselof recordfor the PlaintiffDaveS, Perry("Perry")


on behalfof trimself'
andotherssirnilarlysituated.
3'

I am the attomeywho hasbeenprimarilyresponsible


for thepursuitof the

Plaintiff'sclaimson behalfof theputativeclassagainstDefendant property


VH
Corp,dbaTrump
NationalGolf Club (.,Defendant").
4'

I havebeenpracticing
law since1998.Duringmy careerI haverepfesenrecl

employees
in numerousclass-action
lawsuitsinvolvingwage-and-hour
violations,andI have

T 4 obtainedfavorableresultsagainsta mngeof employers,includingFortune1000conipanies,


in
t5

stateandfederalcourtsacrossCalifornia.My firm hasalsosuccessfully


delbndedwage-ancl-hour

lawsuits,
T 6 class-action

5'

My firm is well qualifiedbecause


of our experience,
knowledge,andresources
to

2l

actascounselandrepresent
theproposedclassin this action. A substantial
percentage
ofour
practiceis devotedto litigatingwage,hour,andworking-conditions
violations,andthebulk of
thesecasesareclassactiotls,particularlyovermealandrestbreaks.
All ol.the lawyersin our firm
aremembersof the Laborand EmploymentSectionof the State
Bar of Californiaanci/or
the

22

CaliforniaEmploymentLawyersAssociation,
andwe attendemployment-related
colf'erences
and

23

synrposia.

l8
l9
20

1A

LA

6'

Furthermore,
my fitm andI havebeencertifiedas classcounselby courtsin

25

dozensof casesandhaveachievedsignificantresults,includingmultiple
seven-figur.e
settlemepts.

LO

Therefollowsa list of only someof our casesin whichwe havebeencertified


asclasscounsel:

27

Milfordv, ADT security services,


Inc, (CACD cv0g-2236;classsizeapprox,2,000;lead

28

counsel);
Bealv. Activision,lirc.
(LASCBC348560;
classsizeapprox,2,000;cg-cgunsel);
DECLARATION
oF ANTHoNy J. oRSHANSKvIN suppoRToF aLAss cERTtF,lc.ATtoN

Davies,et al' v. GodivaChocolatier,lnc.(LASC 8C429547;class


sizeapprox.l,g0l, co-

counsel);
Fast,et al. v. Hilton Hotel Corporatiorz
(LASC 8C409467;class
sizeapprox.1,700,

ieadcounsel);
Alexanderv. DS Watersof America(CACD CV0g-03384;classsize
approx.1,400;

4
5

leadcounsel);Dupontv. InnovativeDiningGroup(LASC 8C391240;class


sizeapprox,1,400,
leadcounsel);
Flukev' RFGOil, Inc.(LASC8C403354;olass
sizeapprox.1,400;leacicounsel);

Urenav. CamachosRestauranl(LASC 8C365913;class


sizeapprox.887; leadcouirsel);
Callela

v ' D o l c e G r o u p ( L A S C B C 3 6 4 7 1 1 ; c l a s s s i z e a p p r o xl e. 6a0d0c;o u n s e lV) ;a s q u e z v . T h e

H o l l y t ' o o d P i g n W h i s t l e L P ( L A S C B C 3 3 5 0 7 5 ; c l a s s s i z e a p p r olxe.a5dl 6c ;o u n s e l ) ;
Golclmqn

v' AortaRestauramOperatingl./'] (LASC BC379688;classsizeapprox.300; leacl


counsel);Siri,t-

Crilly v, CentexHomes(CACD CV0g-2416;classsizeapprox,250; leadcounsel);


Garciav,

CaliforniaCreditsGroup(LASC 8C353213;classsizeapprox,160;leadcounsel);
Afanasyev
v,

Miller Infiniti,1nc.(LASC BC350788;classsizeapprox.160;leadcounsel);


Morri,st,.Gymboree,

1nc'(LASC 8C393270;classsizeapprox.150;leadcounsel);Ortegav. AJC Sancll:la;;ting,


Inc,

(LASC8C378806;classsizeapprox.140;leadcounsei);Galavisv, Patina
Restaurant
Group,

IIC (LASC 8C375225;classsizeapprox.10,000;co-counsel);Lulejyanv. Jim F'alk


Mororsof

Beverlyllills,Inc, (LASCBC398459;
classsizeapprox.
T2;leadcounsel);
Rytkov.The(jriddte

Cqfe,Inc (LASC BC386126;classsizeapprox.70;leadcoLrnsel);


Healyv.Sienten,s
lT'solnrisns'

andServices,
Inc, (SantaClaraSuperiorCourt l08CV 113479;classsizeapprox60; lead

counsel).

7.

In addition,my partnerandI haveeamedprofessional


commendations,
including

beingnamedSouthernCalifomiaSuperLawyers.Moreover,we havealsosuccessfully

prosecuted
appealsboth befbreCalifomiaappellate
courlandthe Ninth CircuitCourtof Appeals,
8,

-A

5
o

7
8

In sum,ClassCounselareexperienced
in employmentclass-action
litigation,and

theyareadequate
to represent
the proposed
classin the instantaction,
9.

A trueandconectcopyof Defendant's
SecondSupplemental
Responses
to Pery's

specialInterrogatories,
set Two, is attached
hereioasBxhibit (,A."
10.

A true andcorreetcopyof Def'endant's


Responses
to perry,sspecial

Interogatories,
SetThree,attachedto heretoas Exhibit ,,8.,,

-2DECLARATION
OFANTHONY
J,ORSHANSKY
IN SUPPORT
oF CLeSsCERTTFtCAI'roN

i r

lz

I i'

A true andconectcopyof Defendant's


Responses
to perry,sRFA,s,Setone. is
attached
heretoas Exhibit.,C."

i:
i4
I

t -

lI )

I declareunderpenalty
of perjuryunderthelawsof theStateof californiathat
the
foregoingis trueand correct.
Executedthis lgth day of July,ZAlZ,atEncino,
Califomia.

il 6
I

i7
in
I
to

t'
f0
I
I

lr
l"
t

t 1

tl
lI 4
L

1',
I
t h

1"
1 1
+ t

li 8

iq
?,0
I

Xt
42
23
I
i

4d
1i '

Cs
1"
;

d .

40

4/

2s
DECLAMTIoNoFANTHoNYJ'oRSHANSKYINSUPPoRTor.cffi

Exhibit A

cLaNN r"..BRTGGS
{SBN174497)
HOI}ELI}RIGGSWII$TNRLLP
a

-1

8105lrvineCenterDrive
Suite140{,)
Irvine.CIA 9?618
T: 949.450.8040
F: 949.4-i{).8031
JILL A. h.{ARfiN (SBN 245626)
clo TrumirNationalGolf Club Los Angeles
OneOceanTrailsDrive
RanchoPaiosVerdes.CA 90275
T : 1 3 1 0i)0 3 - 3 2 ? 5
F : ( 31 0 )? 6 5 - 5 5 ? ?
Attomeystbr Deftndant
NATIONAIV[{ PROp[aR'fYCORi'}.,dbaTRL]]r.1P
COLFCI,LJB
ST]PERIORCOUF,"|O[.

COUNTY OF LOS ANGELI]S

1?
1-l
l4

'T'HE
STATE OF CAI-.IFORNIA

ol'hirnself
I);\Vlr S. PERRYon Lrehalf
iurdotherssinrilarlysituatccl.
Plaintifl.

l5

It

I6

VI-l PROPERTYCORP.,a Delarvare


doingbusiness
as'I'RUIr'lP
1 1 colporatjon
I'iATIONALGOi.FCI.IJB.andDOESI tt:
t 8 5 0 .i n c i u s i v e .
Def-enclants.

C'ase
No. 11C403087
prior
(Originallyassigrtecl
caseNo. I3O40fi999
to consolidation)
ASSIGNEDTO HON. MARK V. \4OONIIY,
DEP]].68
DEFE]\DANTVH P}IOPERTYCORP,'S
2ND SUPPLEN'II.]N'I'ALRASPONSIi TO
PLATNTIFF'SSPECIAI,
INTERI{OGATORIIES,SBT TWO

19
Trial Date: None Set

?0

l;iled: lvlarcli5. 2009


Cornnlaint

DA\i1DS. ['ERIIY
P..\RTY Plointiit..
PROPOI]NDINC

2.1 IIESPO\IDINO
I'ARTY:
21
?5

SH'I'NU,'IB}:R:

NATIONAI.
VII PROPERTYtloltP . dba'l'l{tlN'lP
Defencla:rt,
GOI,FCLUB

fwo

;0

?7
)a
-rI

To Spt-:ctrt.Ixrrnnoc,rroRI ES,Srr'l"tl'o
s 2xD SuprleunNTALRESpoNsES
Dr.runn.qlqt'

1
I

Sections203I .2I U,et seq., DefendantYFI


Pursuantto CaliforniaCodeof Cir,il Proaedure

/"

herebvprovides
Properf Corp.,il.baTrunrpNationalColf Club (hereinafter"Defendant'u),

-)

to Plaintiffl)aveS. Perry's(hereinafter'"Plaintilf')
Special
supplemental
responses

(SetTrvo)as follows:
lnterrogatories
PRELIMINARX STATFMENT

5
b

Defendanthasnot completedits investigationrelatingto this action,hasnot contpleted

discoveryin this acticn,andhasnot completedpreparationfrrr trial. As ciiscoveryproceeds,

andtliingsnraybe discoveredrvhicharenot setfbrth in


f'acts.infbrmation,evidence,docurnents

The
to theseSpeciaiInterrogatories.
but rvhichmay havebeenresponsive
theseresporrses,

r0

on Defendant'sknowledge,informationandbelief at thistinte and


arebir^sed
lblk:lvingresponses

lt

theseresponses
at this time. Furthermore,
arecompletetrasedon Defbndant'sbestknor,r,ledge

at:dunderstancling
of the
1 ? \,verepreparedbasedon l)ef'endant'sgoodfaith interpretation
if any.
errorsor omissions.
iu-rd
aresutrjectto correctionfbr inadvertent
t 3 inciividuailnterrogarories
reservesthe right to referto, to conductdiscoveryr.vithrefbrenceto, or to ol'fbrinto
1 4 Def'enciant
i5

andthingsdel'elopcciduring
clocuments
evidence
at thetime of trial,any andali facts,evidence.

1 f

lo

notr'vithstanding
thereferenceto lacts.eviclence,
thecourseof eliscoveryandtrial preparation,

I t

elocunrents
andthingsin theseresponses.

18

to
or amendthescrespot"lses
rroobligationto voluntarilysr"rpplement
Defendantassumes

follorvirrgservicetil'tltese
or thingsdiscovered
documenls
evidence.
1 9 reflectinfomration.
1n

revisionor
theseresponses
aregivenvsithoutprejudiceto subsequent
Nevertheless,
responses.

a l

includingobiections,baseduponany information.evidenceandclocumentation
supplem.ento,tion,

22 r.vhichhereinalle.rrnaybe discovered.
p&{ENpA:lIT',SG$NERAL pBJEATION

a1
L)

24

general
to Plaintif{'s
Special
obiections
th,,:tbllorving
interposes
Defendant

a:rdto each
in general
arenradeto theSpecialInteffogatories
Theseobjecti,:ns
2 5 Intenogatories"
s,'hichare setforth below'
26 of the specifiore$ponse$
l.

asa whole.attdto each


olrjectsto Plaintiii-sSpecialhatenogatories
Defenclant

111rnrl
ationthat is prot0ctt'ci
requestinlbr-n,
therein,to the exrentthatthe;,-2 8 Intelrogalorycontainecl

*-m

s'f'"''l'*n

-iI
I
I

privilege,theattorneyrvorkproducldocrine andioral1),rlthcr
disclosure
by theattorne-r,'client

applicablepr"ivilege
or irnnunity.

2.

Defendantobieclsto Plaintiff'sSpec.ial
ln{errogatories
as a lr'hole.andto each

-.,1

Interrogatorycontainedtherein.to the extentthatthe_v


reduestinfcrnnation,the disclosureo1''

persorl'sconstitutional,
r.i'hichrvouldconstitutean unw&rranted
invasionof tirealffbcted
statutor'1,

fuither objectsto
ancVorcommonlaw rightstr: personalprivacyandconfid,bntiality.Def-endant

Plaintiff s Speciallnterogatoriesas a whole,andto eachlnterrogatorycontainedtherein,to the

eKtentthattheyseekprirzate,privileged.andconfidentialcornmercial.financial,and/or
prr:prietarybusinessi nformation.

i0

3.

as a ivltolc,andto each
Defendantobjectsto Plaintiffs SpecialInferrogatories

therein"to the extentthatthey ar$overbroadasto time andscope.arldi'or


t 1 Interrogatorycc.rntained
tt

r.rncluly
andoppressive.
burdensome
4.

as a rvhole,andto each
Dsfbndantobjectsto Plaintiff s SpecialInterri;gatories

1 4 Intemogatory
containedtherein.to the extenlthat theyartNirrelevantandimmaterialto tlie
of admissiL.le
evidence.
calcurlated
io leadto thediscover:y
1 5 pencling
actiorrandarenot reasonabiy
asa rvhole,andto each
furtlierobjectsto Plaintiffs SpecialInteiroga1ories
1 6 Del-endant
1't

and'icu'
interrogatorycontainedtherein.to tlie extentthatthey ardvagueand ambiguor"rs,

1 8 unintelligible,in the conlextof this matter.


19

5.

as a r*'hole.andto each
Defendantobjectsto Plaintiffs SpecialInlterrogatories

therein.to theextentthattheysepkinformotionthat is not rvithinthe


contained
? 0 Interrogatury
possession,
custody.or controlof Defbndant.

22

6.

as a r'vhole,aridto each
to PlaintifFsSpecialInlterrogatories
Defendantobjec.ts

23 Inteil'ogatorycontainedtherein.to the e.{tentthatthey viblatethe Codeof Civil Prr:cedure


arenot ful[and completein nndof lhemselves.
24 section20i0"060(ri)in lhatthe inteirogatories

?5

z6
??
/6
a
- 1*

Se"iJ'll'o
To Spuctnt.lNrpnnoc*,ToRIIrs.
RESpoNSES
DEreNn*Nt's?NDSuppr.ElvtEN'rAL

'I
I

DEFEND

ENTAL RES

RROG

3
"1

NSEST
RlES

NO. 142{MISNUh{B
Did YOU scheduler:r coordinatethe meal

RELEVANT TIIvII: PERIOD?

RESPONSI T

FF'S

TORY N(}. I
of CLASSMEMBERSduringthe

v No. 142 twls UMBEITEDAS

rNrERrl9-GAT-or1).
No. Il :
x

Def'endmtobiectsto this Intemgatory:

(a)

on the groundsthatit seeksir:rlon:ration


t t is not relevnnlto the subiectrTratter'

i0

of rhis actioniintl is not reasonably


calcu ted to leadto the discorreryof

admissible
eviclence;

(b)
't "1

on tils groundsthat it is vagueand arnbig


on tJregroundsit is burdensorne,
oppressi

I J

overly broad;

1'+

(ct)

orr the srounds that it is overly broad as

1,5

(e)

to the extent that it seeksinfornrationthat s not r.vithinthe possession.


custody,or'
control of Defendant;

lo

r f'r

cn the groundsthat it is argumentative;

IB

(e)

on the grr:Lrnds
tliat it callsfol a legalcon

i9

(h)

to the extentit seeksl)ef-endant's


Drit,ate.onfidentialcomrnercial.ll nancial

2A

pr:opri
ancl,ior
etarybusinessinfomiationard trade secretsthat is protecteclfior:r

2I

disclosweundercaselaw. statute,regulat , orcleror otherwise;

'l'l
LL

i:\

\ r,,

to the extentit seeksinformation.the disc

of which would constitulean

L-)

Lrn$,arranted
invasion of the afl'ectedper

24

privacyar corrlidentiality;
conlmonlau,rightsto personal

(i)
/t\

to the extentit seeksinformationthatis


clientprir.ilegean#or altomeyr.vork-p

constitutional.statutorvandror

tectedfrom disclosurebv rheattomeydoctrine;and

11

,/d

-4DtrcNnaxr's ?NDSutppt-guewrAl
RESpoNsgs
ro S

L IIqr

i:SEr 1'\\'o

(k)

on the grourds that it exceedsthe limit of 5 interrogatories


setby California

Codeof Civil Procedru"e


Section2030.01 withouta sufJlcientdeclaration

pursuentto Section2030.050.

IIOI{SE TO INTERROGAT

ISNU]\{I}EIi.EDAS

INrER&O-SgroSY
No-.1):
0

Sulrjectto anqlwithi:uf wairring its objeclions, De endant responds: Yes, during the

Rlrl-tsV ANT'IIN'{E PER[OD, eachdeparrmenr


head

appropriate
practicefor the"scheduling"
or "coordinatir" of meal peri<ldslbr eniplo,vees
u'ithir
theil respectivedepartment.Ifor,veacirputativeclass

responsible
Jbrdetermining
the

ber'snreaibreakwas"scheduled"or

1 0 "coordinated"variedfi'ompersonto person,day to day, nd departnrentto departmeni.


ERROGATORY NO. 113{MISNUMBERED A
L L

I J

1 i
I t

Y NO.2

l)eseribe hor.r,YOU scheduiedor coordinatedthe rnealperiodsof CLASS \'1nN.'lllHRS


duririg tlie RELEVAN'I''f IME PERIOD.

PONS

ERED AS

rNTEr{"R,Q9ATOIrY
NO.2_)
:
7 f

lo

f)efeudantobjectsto this interrogatory:

t t

(a)

on the groundsthat it seeksinfbrn:ation at is not reierrantto the suhiectntatter

IB

of this actionandis not reasonablv


calcul ed to lend to the discc.rvenol

l9

adnr.issible
evidence
;

zv

(b)

on the groundsthat it is vagueandambi ous:

21

(c)

on the groundsit is burdensone,oppressi andorrerlybroad;

11

(d)

on the sroundsthat it is overlv broad as

?3

(e)

to the extentfiat it seek.s


ir:tbrmationlhat is not within tirepossession.
or
custody,

24

time:

cantrol of Defendanr'

25

1 l-\

\rJ

on the grr:undsthat it is argumentative;

1V

lC, I
\c\/

on the groundsthat it calls for a legal

?8
S.SI.,tTTT,O
ro S ECIALIXT.ERROCaTORIE
DsrExunNr's?NnSuppi-sr\.tENTAL
REspoNSEs

(h)

private, onfideritislcomrnercial.
to lhe extentit seeksDefendant's
llnancial

and/orproprietarybusinessinformationa

clisclosure
undercase}arv,statute,regul on. order or otherwise;

-in

(i)

to the extentit seeksinforrnatian.thedisc osure *f whicir wauld conslituteiin

Lurvramanted
invasion of the alfected pe

common law rights to personalprivacy

fi)
6

(k)

tradesecretsthal is protected
1r-orn

rs' constitutional.statulorl'and."i:r

confidentiality;

to the extent it seeksinforunationtirat is

ted from disclosurebv thesttclmey-

vrcrkclient privilege and/orattorne_v

doctrine; and

on the $ounds that it exceedsthe limir o 35 interrogatoriesi


set by Califomia

10

Codeof Civil Procedure


Section2030.03 rvithout a sufllcierrtcleclaration

1l

prusuantto Section2030.050.

1',)

SUPPt,E

I J

rNrER&QGATQRX.I{
O, 2).:

14

Subjectlo andwitlroutr,vaivingits oi:jections,

'endant
respondthat clurirrgtlre

I J

head*
RELEVANT TII\,{EPERIOD.eachdenartment

l6

precticetbr the "scheduling"


i.vithin
appropriate
or "coordinatir" of meal periodsfor er:rployees

resl:cxrsible
fbr detenrri
ningthe

theirrespectirre
departmentin orderto complywith Defl ndant'smealandrestpericldpolicyas

r8

classme;r:be's mealbreakwas"scheciuled"
or
statedin its handbook.Horv eachtrrutative

1q

"coordinated'"
r'ariedfrom personfo person,day to da1.'.nd departmentto departurelrt,

2 0 INTERIIOG
')l

LL

IDI]NTIFY ALL DOCUMEN-I'SR.ELAI'INGT

YOUR.responsss
to the lasttr,r,o

interrogat0ries.

1I
73 RE,SPONSE
t+

rNTBgllosArSBXIgS:

LJ

Defenclant
objectsto this Interrogator-v:

26

(a)

)'1

on the gronndsthat it seeksinformstion

t is not relevantto lhe subjectmatter

calcul ed terleadtCIthe discovervot


of lliis actionandis not reasonably
evidence;
admissible

/
-o-

REspoNsES
To :
Drrrxnitut's 2NDSuppr-E;rarNTAL

C]AL.INTEITR.OCA
TORIES.ST,'].TWO

(b)

on the groundsthat it is vagueandambi

(c)

on the groundsit is burdensome,


oppressi . andoverly broad;

(d)

on the grorurdsthat it is overlrvb:roadas

(e)

to tire extentthat it seeksinfon:ratlonthat is not r.vithinthe possession.


cLrsluclv.
or
controlof Delrndant'

on the groundstirat it is argumentative,;

(il
(e)

(h)

to the extent it seeksDefendant'sprivate.

t)

10
(r)

l2

l4

tr)

disclosure ui:der caselaw, statute,regul

on, order or otherrvise;

to the extent it seeksinformation, the di

an
osureof whichwouldconstitute

unwarranted invasion of the affected pe

ns' ccnstitutional, statlrtofy andior

cc:rnrnonlaw rights to personalprivacv

d confidentiality;

thatis p tectedfr"omdisclosurehv the iiltnrncr'to theextentit seeksinfernnaiion


aftorneyworkclient priviiegeand.ror

l5
16

fidential comrnercial.fi narrcial

an#or proprierary businessintbrtration a d trade secletsthat is protecteclfron'r

il

on ths groundsthat it calls for a legal co lusion;

(k)

uet doctrine;ririd

setby Calilbr"nia
on the sroundsthat it exceedsthe lirnit o 35 inten'ogatories

17

cientrieclarati
on
Section2030.03 withouta sur{'fi
Codeot'Cii'il Plocedure

18

pursuantto Section?030.050.

1 Q

NSETO IN'TERROGAT RY r{O. 144

SUPPL

UMBE

20 rNTBRF|.Q-G4'.TORY
{O. 3):
n1
Z L

Subjer:tto and without rvaiving its objections,

fendant respondstlrat due to the

ve
22 overbroadnalureof this interrosatoryii is impossibleto dentifyall potenliallyrespor.rsi
Defendanlrespondsthat its
?3 documents.Nevefiheless.

al periodpolicy dru'ingthe

)A

previouslyproduced
by
RELEVANT TIME PERIODsanhe foundin its empio eehandbook,

25

DefendantasdocumentsBatesstampedDLM00005
A1TORYNO. 145{MISNUMBEITED

6 and00047-00081.
INTE

ATORY NO. .I):


:
I
I
I
I

IDENTIF'YALI- PERSONSl:avingknorvledge f YOUR responsestr: ihe last three


?8

interrogatories.

---t

SNTT\{'O
TO PEC]ALIXTERROCATORJES.
DcFexnr\Nt's 2ND SurrlaHaENTALRESPoNSES

II
I
I

I
I

RESPONSE

INTERRQGA,TORY
NO,..4i:

ATORY NO. 11

Defendant
objectsto rhisInteuogatory:

(a)

onthegloundsthatit seeksinformation
t

TTMAEREDAS

is nnt relevantto the subiecV


ntalter

of tiris actionandis notreasonabl_v


calcul ted to lead to tlie discoverv of

aclmissible
evidence;

(b)

on the grourrc{s
that it is vagueand ambi

lc.)

un the groundsit is burdensome,


oppressi , andoverlybroad;

(ci)

on tl:e groundsthat it is overlybroadas

(e)

to tire extenttliat it seeksinformationthai is not within the pcssessiolr,


clrstody.rlr

10
il

controlof Defendant:

tl

(r)

on the groundstlratit is argumentative;

t a

t-)

(s)

on the groundstiratit c*lls for a legalcor Iusion;

14

(h)

to the extentit seeksDefenclant's


private, orrfidentialcomnrercial.
financial

t \

andlorpropr:ietary
businessinformationa

16

disclosr"u'e
unciercaselaw. statute,regulat0n, order or otherr,rrise;

t7

(i)

to the exteutit seeksinf<rrmation.


the disc osureof rvhich rvould cortstitutefln

i8

nnurarrantedinvasion of the affected per

la

commonlaw rightsto personalp::ivae;,

20

fi)

L I

22

to the extentit seeksinfonnationthatis


client privilegeand/orllttomeywork-p

11

(k)

tradesecretsthat is protectedf'roni

' constitutionai,
stalutr:rvand/or
confrcientiality:
fiom disclosureby the attorney-

ct doctrine;and

on the grounds that it exceedsthe iimit c 35 interrogatorjes


setby Clalilbrnia

ta
,tJ

Codeof CivilProcedure
Secticn2030.03 rvithouta sufficientdeclaration

1r'1
,?

pursua:rttti Section20i0.050.

AS
?5 SUPPLEMENTALRESPONSE
TO INTERTIOGA RY NO. 145 MTISNU}IBERED
to
J/
?R

INTEITROGATORY
NO.4):
Subj*ctto andw'ithoutwaivingits objections.D

ndantrespondsthatdrieto overbn:acl

natureof thisinterrogator--r,',
it is intpossible
reslronsive
individuals.
to identifyal potentially
-d-

DgrrspsNT's 2NDSupplevrNTALREspol'isEs
ro S ECtAtNrrRRcc;ioRil;. S;rT\\CI

'|
'j

Neverthel*ss,
Defendantresponcls
thatthe GeneralMan gersof Defendanrdurins1]re
RELEVANT TII\/IEFERIOD include: lv{ikeVarider

OGATOs

A
a

150

andDavid Confr:rti.

BERED

TNTERR

TOlr.YNO.9):

WereCL,ASSMEMBERSresponsible
far ensuri rhal they took their own meal periods

duringthe REI-EVA|,ITTIME PERIOD.as fur examplervhenYOIJRmanagers.


supen,isors.
cr

agenlsdid rrot tell ther"nw'henduring their shitis they

PO
I
o
ln

(a.)

on thegrounds
thatit seeksinfonneLtion
t is not relevantto the subiectinafter
of tl:lisnction and is rlot reasonablycalcul ted to lead to the discoveryof'
adrnissibleevidence;

(b)

on the groutcisthat it is vagueandambig

(c)

on the groundsit is burdensome,


oppressie, and clverlybroad;

(d)

on thegroundsthatit is overlybroadast

(e)

to the extentthat it seeksinformationrhati.snot within thepossessian,


custody.or

l 1

controI of'Def"endant:

(r)

on the grounds that it is argumentative;

lc)

{\ .cE rrl )

on the gror"Lnds
that it calls for a legai cor

fn

(h)

private.
to the extentit seeksDellendant's

1 Q
l o

and/orproprietarybusinessinformation

T I

1")

,),,|

tradesecretsthat is protectedfronr

to the extentit seeksirifr:rmation.the discosureof r,vhichi.vouldconstitutean


unrvarranted
invasiono1'the aff'ected

25

)'7

tidentialcommercial,tl nancial

disciosureundercaselaw, statule,regulat n. orderr:r otherwise"

ri)

/.o

Uh{BERB

Def'endant
objectsto thisInterrogatory:

' L

l6

vNo.l

INTEBF,OGATORY
N0. 9):

1 l
l l

l ' 1

INTERR.

Id take their meal periods?

comnronlarvrightsto pe$onalprivacya

fi)

ns' constitutional,
statlltoryandlor
confidentiality;

to the extentit seeksinl'ormationthat is p tectedliom disclosurebv theattlrrne\',


client privilegean#or attomeyi.vork-pr

t doctrine; ancl

1Q
co

-9-

lfErnnn,qxr's?NDSuppr-ErvrnurAl
REs?CINsES
To S

L INTERRocAToRTES.
Ser Tu'cr

(k)

oll the groundsrhal it exceedsrhelimit o 35 interrogatories


setby C'alifbrnia

Codeof Civil Procedure


Section2030.0i r.vithouta sufficientdeclaration

pursuant
to Section2030.050.

A.

BTOIN

RY NO. I5

SNUMI}AREI)

INTERT+.OGATORY
NO. 9):
6

Subje*tto and r,vithoutrvaivingits objections,

'endant
respondsthat dur:ingthe

RELEVANT l"IMIi PERIODpurativeclassmembersrv

Defendant's
n:ealbreakpolicy regardiess
of rn'hether
the r,verespecificallyinstructedto do so

durilrga shift. How eaehputativeclassmember*ompli

t0
lt
I2
' J

responsiblefor con:plyingrvirh

ryithDetendant's
menlhreakpolicv

rrariedtir:rn person to i:erson, day to day. anci departmen t0 deparlment.

NTERR^OGA.

51 fiVIISNT'MBER

EITROCATO

o. 10

SrateALL factsRELA]'ING I'O YOTJRresDon to the l$st iitteffogstorJ-.


iPONSETO INTER

L4

T0RY NO.151{n.Irc

AS

i5

Defendantobjectsto this Intenogatory:

l6

(a)

on the grclundsthat it seeksinfbrmation

t is not relevantto thesubiectmatter

t7

of this actioli anclis not reasonablycalcLrlted to leadto the discr:ven,


of

18

admjssible evidence;

19

(b)

on tlle groundsthat it is vagueandambi

20

ICJ

on the grounclsit is burderisome,


oppressi and overly broad;

a 1
L T

(d)

on the grourds that it is overly hroad as

?2

to the extentthat it seek.sinfbrmationthat is not rvithinthe possessiein.


custod1.,.
or

al

control of Def'endant'

. A
/4

(il

on the groundsthat it is argumentative;

25

t.u')

on the glor.urds
that it callsfor a legalco

?6

(h)

to the extentit seeksDefendant'sprivate, oniidentialcommercial"


fi narrcial

at

anci/*rproprietarybusinessinf*rmatioira

?8

disclosureundercase1&w,statute.regulat n, ordercr atherr.vise;

tradesecretsthat is protectedlrom

DErENnrr,,Nr's
2xn Suppt-EtllENTAL
REspoNsES
To S CtALINTERROCATORIES.
Sn,r,[.Ivo

t l l

to the extsntit seeksinfirrmation.thedi

nsureof which ra,ouldconstiiuiem

unwaranted invasion of the ai'f'ectedpers s' con.stitutional,statutorynndlor

-)

comulon lar.vrighis tr: personal prirrac-va d confidentialiry:

{i)

Io the extent it seeks information {rat is p

client privilege andlor fittorneyrvork(k)

tected from disclosrne by the afiornel

uct doctrine;and

ol the groundsthat it exceedsthe limit o 35 interrogatories


setby Calilbrnia

Codeof Civii ProcedureSection2030.0 rvithouta sutlicientdeclaration

pru'suant
to Section2030.050.

(.)

UPPLNh{S.NTAL RE

10
t l

l')
L L

INTEIIROGAT

MTISNU},TB

:
Sub.iectto and i.vithoutrvaiving its objections,

'endant
responds"lhatduringthe

ITELEVANTTIMH PERIOD,i:utativeclassnrenrbers
w rc recluiredto comply ra'ithDelencJant
meal period polic.v as i:rovided in its ernployeehandboo , r.vhichstates;

l4

Non-exemptemployeesMUST takea mealperi

l5

rvithinthe first five andone-halfhoursof their

Ir)

niay be schedr"rleri
lor a normal one (1) hour lunc period.h.mployees
on n darlr

I I

r.vot*scheduleof six (6) hoursor lessmay sTuiu*their unpaid nreal period b1'

18

mulualrvrittencon$entlvitir their supervisr:r.

1 9 Horv each pr"ltativeclass metnber complierl tryithDef'e


LU

schedule.Someenrplovee

breakpolicv variedfrorn

personto pefson. clayto drii.,',and departrnentto depatlm

INTERROGATORY NO.

22

of not lessthanonehalf hour

h{BEREDAS INTERR

IDIiNTIFY ,,\I,I-DOCLJMI]NTSRELATING T

YOUR responses
to the lasltr.r,o

mterTogatOnes.

24 RtrSPO}.i$ATO INI'ERR

IWIS UI\{I}}TREDAS

No. I Q:
IAI..TERB.OG4T0,RY
10

Defendanrobjects to rhis lnterrogatorv:

11

28
DEreNnaur's 2ND SuppLErteN'r,q
I Rgspciit
sss'fo

ii6
IAI- iN'r'ERdr\ToRrEs*5 ET'1"

(a)

on the sroundsthat it seeksinfomrationt

t is not relevantto the sLrbject


malter

ofthis actionandis not reasonabiy


calcul ted to lead to the discoverv ol'

admissibleevidence;

(b)

on the groundsthat it is vaguea:rdambig


on the groundsit is br-rrdensome>
oppressie , and overly br:oad;

(cl)

on the groundsthat il.rs overlybroadas

(e)

to the extent that it seeksinfomration that is not within the possession.


custady,r:r

Ilme;

corrtrolof Defendant;
(f)

on the groundsthat it is iu'gumentative;

i0

(s)

on liregror:nds
thatit calisfor a legalcol l u s i o n ;

I I
t l

(h)

to theextentit seeksDefendant'sprivate.
and/orproprietarirbusinessinformation

1')
L L

fi dentialcommercial.
financial
tradesecretsthat is protectedfi"om

disolosureundercaselaw. statute.reeulat n, orderor r:therwise;


(i)

to the extent it seeksinfcrrmation,the di

osureof whichwouldconstitute
an

15

Lurwallantedinvasion of the affected pers ns' constitutionerl,


rilrdior
statrltory

l6

common law rights to personalprivacy

1 7

fi)

IB
t L l

to the extent it seeksinfonniltion that is

client privilegeand/orattorneywork

rk)

tectedfi'om disclosurebv theattornevuct docn:ine:and

on tlregroundsthat it exceedsthe limit of 35 intenosatories


setbv Cnlifornia

?0

Cocleof CliviiProcedure
Section2030.03 withouta sufficientde*Iara"rion

a l

pursuant
to Section2030.050.

! I

NSETO INTERROGAT RY I.{O. 152

ISNUI\TBERED
A

23 INTERROGATORY
NO. 11):
J4

Snbjectto airdivit}out vvaivingits objections, tbndantrespclnds


thatdueto the
lesl"ronsive
overbroadnaiureof this interrogatory.
it is impossiblet ideniityall potentially

26 tlocuments.Nevertheless,
Defendantrespondsthatils
.'t1

:al breakpolicy dudng the RELEVAN'I'

Tlh,'18PERIODcan be found in the employeehandboo previouslyproduc*cib-vDei'end


ant.

2 8 documenlsBatesstampedDL;\'{000CI5-000046
and000i{ - 0 0 0 8 1 .
RESPoNsES
To
DE'rrxnatr"'s?NoSupplevrENTAL

SETTWO
CIAL INTERROCATORIES.

i
2

GA'TORYN

{,ryIBEREI)

OGATORY

IDENTIFY ALL PERSONShavineknowiedse YOtiR responsss


to the lasttluee

interlogatories.

RESPON

OGATOIIY N

MIS UMBEREIJ A

AryERR.W:
6
,|

Det'endantobjectsto tliis Intenogaloly:


(a)

on the grou:rdsthet it seeksinformation

ofrhis actionandis not reasonably


calcu

adrnissible
evidence:

jeci mat{er
not relevant to the sr-rh
to lead to the cliscovervol'

t0

(b)

on the groundstliat ii is vagueand ambig tls;

1 1

(c)

on the groundsit is burdensome,


oppressi , andoverly broad;

1')

(d)

on the grounds that it is overly broad as

13

(e)

to the extent that it seeksintbrmationthat is not rvithin the possessiorr,


cr,rstody.
trr

l4

trme;

controi of Defer:dant;

15

l.ri

on ths groundstlrat it is argumentative;

i6

(e)

on the groundsthatit callsfor a legalc

t t

(h)

to the extent it seeksf)efendant'snrivate. onficlentialconrmercial.


fi nancial

/Cl

18

andlorproprietarybusinessinformation

t\)

disclosureundercaselaw, statute,regulat n. orderor othene,ise:

2A

ri\

to the extentit seeksinformation,the disc sureof which would conslitutean

?1

Lm$rarrantedinvasion of the affected

?2

commonlar.vrigh.rsto personalprivacy

23

24
25

to the extentit seeksinlbrmationthat is


clientprivilegeand/orattorneywork-pr

(k)

trade secretsthat is pr:otectedft'onl

' constitutionrrlo
statutoryanclr'or
confidentiaiity;
ed from disclosurebv theattornevdoctrine;ancl

on the groundslhat ir exceedsthe lirnit of 5 interrogatories


setby Calif'or-nia

aa
J\J

Codeof Civil Procedure


Segtion?030.0 N,ithor"rt
a sufficientdeclarati,rn

27

pursuantto Section?030.050.

l6

-13DnrsNp*Nr's?Np$uppr-ElrEnxr$r
RsspoNscs
ro

ECIALIXTERROCgTORIES.
STTT\\IO

')
J

SUPPL

NSE TO TN

Y NO.1s3

BEREDAS

INTER&QGSTQB.YNO. 1?}:
Subjectto ald s.'ithoutrvaiving its objeciions. D bndantrespontlsthat due to overbroad

nature of this inten'ogatcry, ii is impossibleto identity a) potentiallyresponsive


individuals.

Nevertheless,
Defendamresponds
thatthe General

ersof Defendantduringthe

REI-EVAhl'fTIIvIEPERIODinclude: \'like Vandereo andDavid Cr:ntbrti.


INTERR.OG.AT
5

9
10
I

1 1
I L

UMBERED AS

WereCLASS IvIEI\,II3ERS
permittedro takemea periodswithout receiviiigpertrission
or authorizationfi'orntheir superiors(i.e.,YOUR manrig

supervisors,and agents)dr"rrirrg
the

REI.,EVANT]']ME PERIOD?
RESI'OI.{SET

Y NO.1s4 tutI

INT$rSrfiGATQRYJ{o. l,l) :

13

Defendantobjectsto this Intenogatory:

'tA

(a)

l a

TORY NO.13):

'ls

on the groundsthat it seeksinfbrmation1 at is rrolrelevanttr: the sul"rject


nratter
ofthis actionandis not reasonably
calcui ted to leadto th,ediscovervof

-tA

adr:rissible
evidence;

l a
I I

(b)

on the sroundsthat it is vasueand ambi

18

(c)

on the groru:dsit is burdensome.


oppressi , a:rdoverly broad;

lcf

(d)

on the grounclsthat it is overl;'broad as

(e)

to the extentlhat it seeksinfon:rationthat is not within thepossessiorr.


custody.
or

.')a\

controlofDef'endant:

z1

24

(t

on the groundsthat it is a:'gumentative;

f\ es/ \

on the grclundsthat it callsfor a legalcon

(h)

private,c onfidentialcomrnercial
to the extentil seeksDefenclant's
^ li nancial
an#or proprieta4,businessinfbrrnation d tradesecretsthat is protected
from

z\)

disci<lsure
undercaselarv,statute'regula on, orderor otherw,isc;

11

?8
DErelrnaNr's?NDSupplEl*gNTAL
RsspoNSES
To

IES.SS'I'TWO
ECIALI**THRROCATCIR

-l

(i)

unwaffanledinvasionof the affectedpers$ns'constitutio:ral,sta.tutoryand/or

(j)

5
6

to the extentit seeksinfannation,thedisc[osureof rvhich*ould canstirutean

commoRlarv rights to personalprivacy a

confidentiality;

to the extentit seeksinforniationrhatis

tected frorn disclosureby the arton"]el'-

client privilege and/or attorney rvr)rk-

(k)

r-rctdoctrine; and

on the grourds tirat it exceedsthe limit o 35 intenogatodesse1by Ciilifoinia

Cadeof Civil Pr"ocedure


Section?030.0 r.vithouta sufficient dec.laration

purslrant
to Section?030.050.

{)
10

ONSETO INTBRR

MTISNTJMI]EREI}
AS

rNTHrlR0 GdTORYJ{O,.13
}:
Subjectto anclwithout rvaivingits objections,D
INTERP.

ndantresponds:Yes.

MBBRED AS INTBRR

StateAI,L factsRELATING TO YOUR resoon to the last interrogatory


l4
l5

PONSB T'O INTERRO

N,II

UI\{BERBD AS

rN |ERI{.OGATORY
NO. la):

16

I-)efe

tt

(a)

ndart objec,ts
to this Interogatory:
on tire groundsthat it seeksintbrmationtliat is not relevantto the subiecrmatter

t8

of this actir:nandis not reasonably


calculftedto leadto the discoveryof

la

admissibleevidence;

?0

(tr)

on the groundsthat it is vagueand ambiglrous;

1 l

(c),

on the groundsit is burdensome,


oppressi]ve,
andot'erly broad;

22

(d)

on the groundsthat it is overly Lrroadas td time;

23

(e)

to the extentthat it seeksinfonnationtl"ratis not within the possession.


custody,or

1 t

c'ontroI of Det-enda:rt;

a+

25

(i)

on the groundsthat it is argurnentative;

76

ig,)

on the groundsthat it callsfcr a iegalconi:lusion;

27
28
DernNn,qxt's 2ND Suppt-EM
ro
cNTAi- IlgspoNsEs

STT TN:O
ECIALIX'TENNOCETORIFS.

(h)

to theextentit seeksl)efbndant's
private.confidentialcommercial.
l'inancial

and./orproprietarybusinessinfcrrmatir:n
a{rdtradesecretsthat is protectccl
fionr

disclosureundercaselalv, statute.regulatfon,orderor otherwisc;

to the extentit seeksinf*nnation, the disdlosureof q,'hichl,l,oi,ridconstitutean

(i)

unwarantedinvasionof the aft'ected


persi:ns'colstitutional,statutoryandlor
6
7

conuron lar.vrightsto personalprivacyaridcor:lidentiality;

(i)

to the extentit seeksinformationthat is Rfotected


from disclosureby theattoruey-

clientprivilegeandl/orattomeywork-productdoctrine;and
on the groundstlnt it exceedsthe limit ofl35 inten"ogatories
setby Califomia

(k)

10

Cocleof Civil Procedure


rvith<lut
Section2030.030
a sufficientdeclar.ation

l l

pursuant
to Section2030.050.

l2
1 a
IJ
t 4
la

ENTAL RESPONSETO INTERR

}IISNUMI]NRED.\S

rNTERqftFS0BYljQ;!4),
Subjectto andrvithoutr.vaivingits objections, fendantresponds
thatdurirrgtire

t)

poiicv thatputativeclassmenrbers
RELIjVANT f itr'{EPERIOD^it wasDel'endant's
lollorv

to

mealperiodpolicyasstatedin its employee


handbook.

1 7 L\TERIIOGA
18

NO.r5):

ERNI)

IDENII'IFYAI.i, DOCUb,{ENTS
RELATING'f

YOUR res'ponses
to the lasttivo

1 9 inten'osatories.
?0
J I

PONSE']IOINTERROGATORY NO. 1

rI{TERROSAIO&YNO. l_si;

22

Defendantobjectsto this Inlerrogarorl,:

a1

(a)

z-1

?;l

on the grou.ndsthat it seeksinfon'nationtfratis not relevantio the sutrjectmatler


of this actionand is not reasonably
calcul[tedto leadto thediscovcrv
of
admissible
evidence:

/.t)
''t1

10

TIEI} AS

'I
I

{e)

controlof DeGndant;

/'t\
T I '

on the groundsthat it is argumentalive:

(sl
\al

on the groundsthat it callsfor a legalconNlusian;

(h)

to the extentit seeksDefend{mt'sprivate.confidentialcommercial.financisl

and/orproprietarybusinessinfonnationafd tradesecretsthat is prolectedli"or"n

undercaselarv,statute,regulatflon.
disclosr.n'e
orderor oilrer-ivise;

(i)

unwaffantedinvasionof the affectedpersi:ns'constitutional,slatrrtorl'andior:

comnronlarl,rightsto persr:nalprivacyaridconfidentiality;

i0
lt

U}

14

to theextentit seeksiirfonnationthat is pfoteetedfrorn disclosureby ihe attorneyclientprivilegeand/orattorneywork-pro$uctdoctrine;and

1,)
I L

1 1

to the extentit seeksinfonnaiion.rhedisdlosureof i.vhichwculd constitutean

tk)

setb,vCalifornia
on the groundsthat it exceedsthe limit otJ35interrogatories
Codeof ClivilProcednreSection2030.030rvithouta sufTicientd:eclaration
pur"suant
to Section2030.050.

1 /

lo
t /

18

II{TERROQA,T'9RY.NO.r 5):
to the
Subjectto andrvithoutw'aivingits objections.D{l'endantrespondsthat clr"re

it is inrpossibletd identifyall potentiallyresponsive


1 9 overbroadnatuleof this interrogatory,
I)etbndaltrespondsthat its nieaiperiodpolicy canbe tbundin its
docunents.Nevertheless,
1 1

Balesstamped
employeehandbcok,previouslyproducedby Defendantas doclument

1')

I.
and00047-0008
DLMOtl005-000046
Y NO. 157{1!{ISNUMBEREDAS INTERROGATORY NO. 16i:

.J

24

to the lastthree
IDENTIFY ALL PERSONShavingknowledgrqf YOIJR respon$es

2 5 intenogatories,
'\ /a
av

NO.
RESPONSE
TO INTERROGATORY
TNTERROGATORYNO. 16):

l6

Deib.ndantobjectsto this Interrogatory:


-17DEFENDANT,

UMBEREPA,$

(a)

on the groundsthat it seeksinfonnaticntlhatis not relevanrto the subjectmafier

of this actionandis not reasonablycalciil[tedto leadto rhe discoveryof

admissible evidencel

(b)

on the groundsthat iI is vasueandambigi^ious;

(c)

on the groundsit is burdensome.


oppressi[.e,
andoverly broad;

(d)

on the groundsthat it is overly broadastd tirne;

(e)

to the extenttiratit seeksinfonnationthat]isnot lvithin the possession,


custody,or
controlof Def.endanl;

(0

on the groundsthat it is argurnentative;

1 n
tv

(e)

on thegroundsthat it callsfor a legalconplusicn;

il

(h)

to the e,xtentit seeksl)efundant'sprivate,corr{identialcommercial,f'irrancial

t2

and/orproprietarybusinessinftrmrationairdtradesecretsthat is pnrrectedlrom

1l

disclosure
unclercaselarv,stafute,
regulatlion.
orderr:r othenvise;

l4

(i)

to the extentit seeksinlbrmation,theclis{losureof r.vhichrvouldconstitutean

15

unrvananted
invasionof the affectedperspns'constitutionai,statutoryand,'or

I/-

commonlarvrightsto penonalprivacyaridconfidentiality;

17

()

tr: the extent it seeksinfonnati,rn that is pfotected fi'om disclosure by,the artonrey-

clientprivilegeandlorattomeyw,ork-pro{uctdoctrine;and

IB
(k)

IY

on the groundsthat it exceedsthe limit otl15 interuogatories


setby Clalil'ornia

20

Codeof Cii'il Procedure


Section2030.030withouta sufficientdeclaratitx

2t 1
L I

pursuantto Section2030.050.

22

SL]PPLAMENTAT RESPONSE TO N{TOII.ROGA

/)

TN.TERROGA,IORY
.N0. 16):
Subjectto andlvithoutwaivingits objections,Ddfendantrespondsthat duc to overtrroad

z.+

2 5 natureof this intenogatori,,it is impossibleto identi$,all potentiallyrespansiveindividuals.


2 6 jr{evertheies*,
Defendanlresporrdsthat the GeneralN{an{gersof Def'endanlduring lhe
27 RELtsVANT
TIhtE PERIOIIinclude:X4ikeVanclergoeb
andDavidContorti.

iI

,,X

-18-

ro;o--l
II

(
6
-7

OGATORY NO. 15

ERED

;ATORY NO. 1

Explainhor,vCLASSME}V{BERS
rer:eivedpermissionor authorizationfor rakingmeal
periodswhentheir superiars{i.e.,YOI}R managrs,
superl'isors,
andagents)werenr:tat ailab}e
(e.g.,they\\,slesomewhereout on thecourse)duringftd RELEVANT TI1,{EpllRioD.
POF{SETO I

TORY NO. 1

BEREI)

INTERI{OGATOI{YNO. 1fl :
Ilefendant
objectsto thisInterrogatorv:
(a)

on the grounds that it seeksinformation tlrat is not relet'ant to the sr-rbjectmirrter

of this actionandis not reasonably


calcul[teclto leadto the discovervol'

10

admissibieevidence;

(b)

on the grounclstiratit is vagueandambigiror"rs;

(c)

on the groundsit is burdensome:


otrrpressilve,
andoverly,broad;

IJ

(cl)

on the groundsthat it is ovedy broadas t0 time;

14

(e)

t<ltlte extentthat it seeksinformationthat]is not u.'ithinthe possession"


custocly,
or

I L

'1

controlof Dct'endarit:

l {

(f)

on lhe groundsthat it is argumentative;

1 t

(s)

on the groundsthat it callsfor a legalconi:lr-rsion;

18

(h)

to theextentit seeksDefi:ndant's
private,confidentialcommercial.
trnancial

l9

and/orproprielirrl'business
infonnationapdtradesecrets
thatis prolected
l'r"orit

20

disclosureundercaselarv,statute,regulat]ion.
orderor otherivise;

a 1
a l

(i)

")a

to the extentit seeksinfonr:ation,the disdlosureof which woulclconstituteal


unwarruntedinvasionof the affectedpers$ns'canstifutional,staruror1,,
and;or

LL

oommonlarvrightsto personalprivac-varidconfidentiality:
'1 ;1
L1

ri)

client privilege an#or atforneyrvork-pro{uctdoctrine;and

J)

?6
17

i.6

to the exteniit seeksinfcrrmation


thatis pfotectedfrom disclosureb,vtheaftorney-

(k)

on the grou:nds
that il exceedsthe lin:it ofl35 interrogatories
setby Clalifbrnia
Codeof Civil Procedure
Section?030.030withouttr sufficientdeclaration

prrsuanttr: Section?030.050.
- 19 De.rexnaN"r's
2l'iDSurpLEueNrAL
REspoNSEs
ro SIpECIAL
INl,'eRRocAToRrEs.
Sr:r'Two

SUPPLEMp

INTERROGATOFYN(}. LZ):

Subie*tto and q'ithoutwaivingits otrje*icns,D{l'e.ndant


respondstharthis irilerrogarory

is not applicable,as duringthe RHLEVANT TIIvIEPER|OD,it r.r.as


not Defendanr'spolioyro

requireputativeciassmembersto reoeive"permission"dr "authorization"beforetakinga meal

break.I'he detailsregardinghor.veaclri:utativeclassrneflbertook a mealbreakvarieclfiorn

persorlto persron,
day to day.anddepatlmentto departmfnt.

INTERITOGATORY NO. 15.9fI{$NUMBERED AS INTERROGATORY NO. IS):

StateALL factsRELAI'INC TO YOUR responsfto the lastintenogarory,.

10
l l
'I

l 1

TO INTERR

RY NO, I59 (IVTTSNUNII]ERED


A

rNTEl"tF'.QGATQ,RY
llg.,. I 8):
Defendant
objectsto thisInterrogatorl:
(a)

on tl"legrounds that it seeksi.nforrnationt$at is not relevant to the sr"rlrject


mafier

t+

of this action and is nol reasonablycalculhted to lead to the cliscr:very of

15

admissible
evidence;

t6

(b)

on the groundsthat it is vagueandambig{rous;

t7

(c)

on the groundsit is burciensome,


oppressif'e,
andoverly broad;

l8

(d)

on tire groundsthat it is overly broadastd rime;

lo

(e)

to the extentthaf it seeksinfarmatir:nthat is not r,vithinthepossessi0n.


custodv,or

?0

contn:Iof Defendant;

l l

1fl

CInthe grorurdsthat it is argumentative;

22

(e)

on the gror,Lnds
thatit callstbr a legalc.on$lusion;

a1
L)

ft)

to the extentit seeksDelendant'spdvate,confidentialc.omnrercial.


linancigl

74

and/urproprietarybusinessinformaticna41d
ffadesecrefstharis protectedfi'om

?5

disclosureundercaselaw. statute.regulation.orderor otlrenvisel

?6

(i)

to the extentit seeksinformation,


thedisclosure
of rryhicir
ivouldconstitute
an

a1
L I

ttnrvananted
inr.asionof the affectedpersc'rns'
constitutional,
statlitoryandlor

^o

cornmonlar.vrightsto personalprivacy add confidentiality;

z6

DErpNpaNt's2NoSupprE:r,rsNTAL
Rrspolisnsto S

AL INTERROOATORIgS.
SETI.TI'CI

0)

client privilege andlorattorneywork-pro$uctdoctrine;and

to the extentir seeksinfo:mationthat is pfotectedfrom clisclosure


by rheartorne;--

(k)

on the grouncis
that it exceedsthe limit o{ 35 intenogatoriessetb-yClalifomia
Codeof Civil Prooedure
Section2030.030r.vithouta sufficientdeclararion

to Section2030.050.
Dumunnt
6

SUPPLEh{EF{TAL

TNTERRQG4T,()RYN0. ].El:

Suhjectto andrvitiroutwaivingits r:bjections.D$fbnclant


resptlndsthat this interrogatory
is not applicable,as dr"rririg
tlie RELEVANT TII\.{EPER OD, it rvasnot Defenclalt'spolicyio

1 0 requireputativeclassmembersto recsive"permission"$r o'authoLization"


beforetakinga rueal
t l
l l

break. The detailsregardinghorveachputativec,iass


mdmbertook a mealbreakvariedfrom

1 a
T '

personto person,day to day, and departmentto departrnfnt.

t l
I J

TNTBRROGATORY

t4
l5

D AS INTERROGATORYNO. 19):

IDENTIFY AL,L DOCUMENTSRELATfNG TO YOUR responses


to the lersttr,r'n
interrogatr:rie*.

UMBEREDAS

to
1 1

INTERR.OGATORY
NO. 19i:

i8

Defsndantobjectsto tiris lnten'ogatorl:

1{l

{a)

20
/

of this actionandis not reasonably


calcullated
to leadtr: thediscoveryof
admissibleer,idence:

')")

on the groundsthat it seeksinformationtiratis not relevantto the subjectnratler

LL

(b)

on the grounds that it is vague and ambigfi.rous;

n1
dJ

(c)

oppressive,
andoverly broad;
on the groundsit is burdensome:

24

(d)

on the groundsthat it is overly broadas t{: time;


to the extentthat it se*ksinfonnationthat is not r.vithinthepossessiolt,
custody,or

26

control of Defenctrant:

?7

(i)

on the grounds that it is argumentatir:e;

2B

i\ Do/ )

on the grounds rhat it calls for a legal curlclusion;

-21: -

SnrTtvo
NSEi"
DrrEmnxr's 2:,tpSuppLnl.teNTAL
RE$poNSES
ToSpncratlx,rEH.noc*.1'oRlES,

1
I

(h)

to the extentit seeksDefundant'sprivale,confidenfiaicommercial,financial

and/orproprietarybusinessinfbrmationari:dtladesecretsthat is protectedfrom

-)

disclosureundercaselarv,statute.regulation,orderor oihenvise;

(ii

to the extentit seeksinformation,the ciisc[osure


of which would const^itutc
an
unwaruanted
invasionof the affectedpers$ns'consritutional,statutoryandl/or
colnl"nen
law rightslo personalprivacyaridconfidentiality;

ill

to tireextentit seeksinformationrhatis ptotecred


lrom disclosure
b1,tJreafrr:rnevclientprivilegearrd/orattorncywork-i:roductdoctrine;and

(k)

on the gloundsthat it exceedsthe limit ot 35 interrogatories


setby Calilbrnia

t0

Cocieof Civil Frocedure


Section2030,030rvithcuta sufllcientdeclaration

1 1
I T

pLll"suent
to Secrion2030.050.

SUIPL$MEITA! REg.EoNsE.To
INTERI{OGATORY
iYo-,160.(l\'rISN!J}:tltEBII-P
'tS
1 t
l. -l

l4

INTEI{$Q.G..aT0RY
Xt{o.I 9}:
Subjectto andrvithoutwait ing its objections.Defendantrespondsthat irs rnealperi<id

f )

policy canbe fbundin iis emplo,vee


hmdbook,previor-rsliv
prodLic.ect
by Det'endant
asclocurnent

lo

Batesstarnpod
DLM00005-000046
and00047-0008
1.

rNrFRsp,q
qAr gRy-NO 20):
ep.4sITNTBRRp
alpRy i\,o 16I (utst fUMFER
1B

IDEN'I'IFY ALL PHRSONShaving kno*'ledgeof YOUR respcrnses


to the last tliree

1 9 interrogatories.
20

resr

1
1
L L

I]Y.LEMQGSTORY
NQ,2Q):

//.

Del'endant
objectsto ihis lntenogator,v:

LJ

(a)

. A

on the groundsthat il seeksinfonnationtltatis not relevantto rhesubjectmatter


of this actionarrdis not reasonably
caiculdtedto leadto the discoveryof

z+

acimissibtre
eviclence
;
lo

(b)

on the groundsthat it is vagueandambignoris;

"t1

(c)

on tl'Iegroundsit is burdensoms,
oppressive.
andoverly broad;

l6

(d)

on the groundsthatit is overlybrcadas to time;

Dgr.nNnnnt's
2NpSupptEvrxrALRESpoNsEs
ro S

(e)

,}

to the extentthat it seeksinfbrmationthatis not r.vithinthe possession.


custorl,v-,
or
controlofl)efeudant;

(0

on fhe groundsthat it is argur,aentative;

fo)
\ t2./

on the groundsthat it callsfor a legalcondiusion;

(h)

to the extentit seeksDefendant'sprivate,conliclentialcommercial.linancial

andiorproprietarybusilessinformationar[dtradesecretsthat is protectedfi'om

disclosureunderc&seiaw, statute,regulatlon,orderor otherwise;

(i)

unrvarranted
invasionr:f the affectedpersrbns'
constitutioTral.
statutor-v-.
and;'or

10
I I

comnon larvrightslo personalprivacyaridconfidenriality;

fi)

12
1 A

to the extentit seeksinformation,thediscfiosure


of whic]ru'ould constirllrean

to the extentit seeksinforination that is p+otectedfror:r disclosurebv rheattomevclierrtprivilege zurd/orattomeyrvort-productdockine; zurtl

(k)

on the groundsthat it exc.eeds


the iimit of 35 interuogatories
setLi1.'
Calilbrnia

t g

Codeof Civil Procedure


Section2030.03{D
r.vithout
a sufficientdec}aration

l5

pursLrant
to Section?030.050.

1 6 sUPPLSMEI){IAL
pR.Sg.
RESPON$8,T0 TNTERRO
GATpRJJ O, g L g,lff;ryU,ryr)
4S
l7
18

INrER$9GAIORYNo. 2o):
Subjectto andwithor.rtrvaivingits objections,DeFendant
respondsthat dueto overbroad

1 9 natureof this interrogatory,


it is irnpossible
to identilyalf potentiallyresponsive
inclividr"rals
20

Never"theless,
Defendantr*spondsthat the Generallvtana]gers
of Def'endant
duringthe

2 1 RELEVANT TIME PERIODinclude: iV{ikeVandercoe$


and David Conforti.
22

62 (MISNUMBERED AS IN'TERR

z)

Did CLASSMbMBERS,otherthanPERRY,evqrgo on !'OODR"Lfi{S


rvithout

")zl
LA

permission
or authoriuation
llornYOLIRnlanagers,
supetrvisol's.
ur:agentsduririgthe

?5

RELEVA}{TTIME PERIOD?

ao

RESPQ.|'{S8.1'9
INTP.BROGATORY
NO. I 62 {MIISNUI},1SSBE}
AS

")'l

INTERfi.QGATOI.TY
NO. ?1i:

?8

r:bjects
to thisInterrngatory.':
llefendant
To S ECIAI-INTEN"ROCATOI{IES.
STTTIVO
Dnrrxo..\t{r's2No Suppr-sir.tExrAL
RESpoNSES

(a)

on the grounclstiratit seeksinibrmalionthat is not relevantto the subjectmarler


of this actionandis not reasonably
calculatedtclleadto the discoveryof
admissibleevidencel

(b)

on the groundstirat it is vagueand ambigiious;

(eJ

on the groundsit is br-rrdensome,


oppressi*"e,
andoverly broad;

il

(d)

on tlle groundsthat it is overlybroadasto tinre;

(e)

to the extentthat it seeksinfbrmationthat is not within the possession,


clrstody,or:

t,

controlof'Defendant:

(0

on the groundsthat it is argumentative;

10

t'o
\
\b/

on the groundsthat it callslbr a legalcon{lusion;

t l

(h)

to the extentit seeksDefbndant'sprivate,confidentialcommercial,llnancial


ti'onr
and/orproprietarybusinessinformationalrdlraclesecretsthat is protectecl
disclosureundercaselaw, statute,regulation,orderor otherwise;

14

(i)

to thp extentit seeksinfomration,the disclosureof rvhich ra,ouldconstitutean

15

un\,varranted
invasionof theaffectedpersons'ctinstitutional,statutor\,and"or

16

privac,v
aridconfidentiality;
ccn'nmon
iarvrightsto personal

1 -

\ t

UJ

client privilege an#or attorneywork-productdnctrine;and

18
lo

to the extentit seeksinfnnnationthat is pfotectedfiorn disclosureby theattorney-

(k)

setbv California
the limit of 35 interrogatories
on the groundsrhatit exceeds

20

Section2030.030withouta sufficienldeclar"ation
Cotleof Civil Procedure

J,I

pursllantto Section20i0.050.

EEIID4$
liq:,I p2{MI$NVil{P
REsqoNsE":!?INTESIS,OCAT0BY
72 suppL,pMmNrAL
/3
.A
L+

rNrrRs.OGAT9RY
NO.21):
responds;Yes.
Subjectto and rvithoutwaivingits objections,l)ejl'endant

AS-INTFRR0GAT()RY No. 1Z)i


rNTtrRROSaT0RY,,,N0.
L$i (MISI{LII!{BERED
?6

StateALL facts RELATING TO YOUR rcsponspto tbe last intenogatory,

"'t1
L I

?8
To
RgSPoNSES
ZNDSurppLerarxTAt.
DepnNnnNT's

Fs. St t'
lNmnRoc,rroRl

-l'ti'o

RBSPONSE
NO. 163{&TTSNUMBERED
AS
TO INTERROGATORY

/.

II$ERR.OG.dTORYNO. ?2}:

a
J

Def'endant
objectsto this Interogatory:

(a)

on the groundsthat it seeksinformationtliat is not relevantto the subjectmattei'

of this action anriis not reasonablycalculatedto leadto the ciiscoveryof

aejrnissible
evidenee;

(b)

on the groundsthat it is vagueand ambigrJrous;

{t

(c)

on the groundsit is burdensome,


oppressilirs,
rn4 overly broad;

(d)

on the groundsthat it is overlybroadastd time;

(e)

r:r
to the extentthat it seeksinfonnationthatis not rvithinthe possession.
custocllr.

l n

IU

cr>ntro
I of Dei'endant
;

t i
1?

(f)

on the groundsthatit is argr"rmentative;

r3

(g)

on the groundsthatit callsfor a legaiconflusion;

14

fiil

to fhe extentit seeksDefendant'sprivale,confidentialcomrnercial,financial

t5

and/orproprietarybusinessinfbrmatiorrairdtradesecretsthat is protectedfiorn

16

disclosureundercaselaw, statrite,regulation.orderor othenvise;

T7

(i)

an
to the extentit seeksinfomration,thedisdlosureof which rvouldcr:ristitute

18

unlvarranted
invasionof the affecteclpersbns'constitutiorlal,
and/or
statutory'

i9

conrmonlaw rights10pelsonalplivacy arldconfidentiali4r;

?o

0)

ciient privilegeandiorattomeyworkl:roduct doctrine;and

?l
!/.

/.J
.,A

to the extentit seeksinformationthat is protectedfrom disclosureby theattomey-

(k)

the limit oi35 interrogatories


setby Cali ornia
on thegroundsthatit exceeds
rvithor"it
a suftcientdeclaration
Section2030.030
Codeof Civil Procedure
pursuantto Sectiol 2010.050.

25
.{.0

27
?B

-25-

SUPPLEMENTAL
RESPONSE
TO INTEF&OGATORY
A$
NO"163(MISI.{UryIBE&PD

")
t

TNTERROGST0RY-$O,
2?):

Subjectto and rvithout waiving its objections,Defendantrespondsthat dur.irrgthe

REI,EVANT TIMtr FERIOD,it rlas a*'arethat thereq,e*eoccasionsin which employees


i.venr

on foodrunsregaldlessof tvhetlrerthey inforrneritheirsripervisor$eforehand.


INTSRROGATQRY NO.JFA (MISNIJMFERED AS NTSRROGAT9RY NO. 23):

7
o
o

IDENTIFY ALI- DOCUMENI'S RELATII{G TCIYOUR re,soc,nses


to the lasi Li.vo
interrogatories,

Nt;Ii'TOTNTERROGA

]VITSNUMBERAD
A

1 0 rN'{'E
RRO"GATOSY
:
t{_o.,23}
t1

Defer;rdant
olrjectsto this Interogatory:

t2

(a)

on the groundsthat it seeksinformationthlatis not relevantto the subjectnratter

l3

of this actiorlanclis not reasonabiv


calculitrted
to leadto tl'rediscol,ervof

l4

adrnissible
evidence;

15

(b)

on tite gror.urds
thatit is vagueandambigUous;

lo

(c)

on the groundsit is burdensone.oppressive,


andoverly broad;

t l

(d)

on the groundsthat it is overlybroadasto time;

18

(e)

ro theextentthatit seeksinformationthatis not rvithinthe possession.


uustocl\'.
or

l9
20
L L

22

control of llet-endan
t:

(n

on the groundsthat it is argumentative;

(s)

on tl:e groundsthatit callsfor a legalcondlusion;

(h)

to the extentit seeksDefendant'sprivate.confidentialcommercial,financial

n1
L)

and/orproprietarybusinessinfonnationand tradesecretsthat is protectedfrorn

24

disclosureurrdercaselarv"statute,regulatilon,ordel or otherwise;

25

(i)

constitutea:r
to the extentit seeksinformation,the disciosureof which 'uvould

?6

invasionoltire aflectedpersens'constitutional,statutorl'and/or
unwarranted

/. 1

larv rights to personalplivaey and confidentiality;


com.fflor1

28
RespoNsES
To S
DErExpnN'r's2NDSuppr-ErvrnN'rar.

AL INTERROCA'I'ORINS.
SE'TTTVO

II

CI)

to the extentit seeksinformationthat is protectedfrom disclosureb1,'theattr:meyclier,rtprtviiegeald/or attorneyw<ll*-prr:dbctdoctrine;and

(k)
1

on the gloundsthat it exceedsthe limit of 35 interrcgatories


setby Califomia
Codeof Civil Procedure
Section2030.030rvithouta sufficientdeclararron
pursuant
to Section2030.050.

SUPPLF${ENTAL-BSSP0N SE TO INTERROGATORY }\lO. t 6it (MlS NU wIE ERED As

,7

TNTERROGATQE)L N(}. 23):

Subjectto *nd withoutr.vaivingits objecrions.Defendantrespondsthat asidefronrany


disciplinaryactionforms thatmay existin individualemployeepersonnelfiles,rvhichDefendant

1 n
t v

objectsto producingon tl"Iegroundsthatdoingso wouldViolateihe individual'snght to privacy

t t

*nr{is overlyburdensome
andundulyoppressive,
Defendantrespondsthat ailer a diligentsearc}r

1,)
I L

is unableto locateariltrespollsivedocum:ents.
andreasonable
inquiry, Dei-endant

t a
l )

INr,SF.S,0,G,q,L8SY
AsiINI{SS.0GAT0RY:)9, z+i:
No "_L{s{IHIS|{UMBERED

1A

IDENTIFYALL PBRSONS
havingknorvledge
of YOUR responses
to the lasttirree
lnlerrogatorles.

16

RE$PpI{SE
NO.16s{MrSrJ'{Uh{BARgp
T() I}{TpRROGA,TSRY
*S

1 1

mrnnRoGATOR-Y
NO.?*):

18

I)ul'enrjant
objectsto this lnterrogatory:

l9

(a)

ou the groundsthat it seeksinftrrmationthat is nol relevantto the sub.iect


matter

2A

calculdtedto leadto the disroveryof


of this actionand is not reasonably

,)t

admissibleevidence;

L !

11
't't

?4

(b)

on tlre groundsthat it is vagueandambig{ous;

(c)

oppressil,e.
andoverl.ybroad;
on the grorurdsit is burdensome,

(d)

on the groundsthatit is overlybroadasto time;

(e)

custody,or
to the extentthat it seeksinformalionthat is not wiihin the possessinn"
contrul of Defendant;

L '

a-l

{r)

on the groundsthatit is argumentative


,

28

(gJ

on tiregroundsthatit calisfor a legalconclusion:

INrsnnocAToRlES,Sst Ttqo
ro S ECL.s.L
REspoNsEs
DnpeNn*ul's 2NDSuppt-EunruTAl

(h)

to the extentit seeksDefendant'spdvate,confidentialcommercial.firiancial

andlorproprietarybusinessinformationafid trade secrelsthat is protectedfrt:m

disclosureundercaselew, statute,regulaitron,order or otherwise;

(i)

to the extentit seeksinfblrnation,thedisclosr"ue


of whiehwould consrilutean
unwr&ITanted
invasionof the alfectedpersons'constitutional,staturoryand/cir
comrrron
1a*'rightsto personal
privacyandcontidentialit,y;

0)

lo the extentit seeksinf'onnationthat is prtotectecl


fiom disclosurebr.ihe alrornevclient privilege an#or aitorneywork-prod,h:ct
doctrine;and

(k)

on the groundsthat it exceedsthe limit of 35 interrogatories


setby'Califbrnia

10

Codeof CirrilProcedrire
Section2030,030r.vithor.rt
a sufficientdeclararion

1 l

purslrsnt
to Section?030.050.

I T

,.,t
1
I L

t 1

l 4
l a

I J

suPP,l*F,x'rEryTAk..gB$r
o NsETo rNrERRqg4roj3y Ng. l 6g".f
sfrsNUMl]sREpAs
lF{rEBSQSgroRX
No. ?*i:
Sulrjectto *nd withoutq,aivingits objections,Defenda::rt
respondsthat dueto overbroad
natureof thisinterrogatory,
it is impossible
to identifyall potentiallyresponsive
individr:als.

1 6 Ner,ertheless,
Defendantrespondsthatthe GeneralManagersof Defbndanldr-rrir:g
rhe
I /

l{Et,llVANl"flME PERIODinclude: Mike Vandergoe$


a:rclDavid Conforti.

1B IryTI*,R,SLG"{TORY
Na, 16

r9

A,IQRYNo.26):

Did JoeyKiirt evergo on FOOD RLI{S for CLASS MEi!{BERSduringthe

20 RELEVANT'|II\,{EPERIOD,
2l

RE$pplrFEro TNTEBROGA.TQ,RY
Ng."167(MJ$NUMBEREq
*#
IT{TERS,OG.dTQBY
$ O, 26):

r)

Def'endant,rbj
ectsto this Interrogatory'
:

1A

(a)

L1

on the groundsthat it seeksinformationlhat is not relevantto the subjectmatler


of this actionandis nol reasonably
calculated
to leadto thediscoveryof
acirnissible
eviclence;

.'.n

)'7

(b)

on the groundsthat it is vagueand ambiguous;

?8

(c)

and<lverlybroad;
oppressive,
on thegroundsit is burdensonre,

-28DrrgNnnNt's2xn Suppr-srv.m:.,rrAL
RESpoNSES
To Spncrnr,
INrrnRocRToRrES,
Srl Tu o

(dl

on the groundsthat it is overly'broadas tc!time;

(e)

to the extentthal it seeksiirlbrmationthat is not within the possession.


custodp'.
or

3
4

contrOlof Defenclant;

tf)

on the groundsthat it is argumentativei

(ei

on the"groundsthat il callsfor a legalcondlusion;

(h)

to the extentit seeksDefendant'sprivale,confidentialcommercial,tlnancial

"7

and/orproprietarybusinessinibmiationarndtradesecretsthat is protectedli'oln
disc,losure
unclercaseiar,v.statute,regulatlon,orderor otherlvise;

(i)

to the extentit seeksinformation"the disclosureof which would constitutearl

It)

unwarrantedinvasionof the affectedpersdirs'constitutional,statutoryancl/or

11

comnronlau,rightsto personalprivacyar-ldconfidentiality;

I L

UJ

doctr:ine
client privilegeand/orattorueywork-prodluct
; and

14

tliat is pfotectedfrorndisclosure
by theatto+neyto theextentit seeksinfrrnnation

(k)

on the groundsthat it exceedsthe limit of 35 interrogatoxies


setby Crrlifbrnia

15

Cocleof Civil Procedu'e


Section2030.030withoLrt
a sulficientdeclaratiorr

16

pursuant
to Section
2010.050.

1 1

su Pl! &L{ENTAI,_8SsPp-r{sq T9 INr ERROq.{lp RY No. LqsfMTI


BERgp AS
STI,LL}.!

18

36):
rNrnKRBGSIQRY-NO.

19
20
21

I)efendant
Subject
to andwithoutwaivingits objections,
responds:
Yes.
rN TSRKQQATORYNO. 16.8(MTSNUMBERED
{$[NTERRO-Q$.TOKYNO. 27):
to thelastinterrogatory.
StateALL factsREI"ATINGl'0 YOURresponsp

7?

RESPONSpTO I]-Y.IERn9GATORYNO. 168ffiI$NU1\{BEREJ}AS.

JJ

NO.27):
TNTBRROGAT{)RY

1A

to thisInteffogatory:
ilel'endant
ob_iects

25

(a)

mat]ter'
on the groundsthat it seeksinfbmation tlnatis not relevantto the sLrbject

26

of this action and is not reasonabl.vcalculatedto lead to rhe discovery''ol

21

admissible evidence;

28

(b)

on the grcunds that it is vag:ueaad ambiguor"is;

_29_
SErTu
To SpEctrlLINreRRoceToRIES,
REspoNsES
DnnEsuaNr's?nn SupplEvmNT.4L

1I

(c)

on the groundsit is burd*nsome,


oppre$sive.
and ovedy broad;

(d)

on the groundsthat it is overly brcad asto tii.ne;

a
J

(e)

to the extentthat it seeksinfcrrnration


that is not r'vithinthe possession,
custody.or

.)

controloll)efendant;

A
a

(f)

on the groundstlmt it is argurnentative;

(g)

on the groundslhat il callsfor a legalconolusion;

"7

(h)

privale,confidentialcornmeroial.
to theeKtentit seeksDef.endant's
financial

proprietarybusiness
inf'ormationairdtradesecretsthat is protecteriliom
and'.ror

disclosureundercaselaw, statute,regulation,orderor otherr'vise


;

l0

(i)

to the extentit seeksinfuimation,thedisc[osureof which wou]dconstitutean


unrryarranled
invasir:n of the affectedpersons' constitutional. statutoryand,tor

I I

colnmon larv rights to personalprivacy arld oonfidentiality;


t

li)

t4
15

to the extent it seeksinfbrmation that is pfotected fram disclosureby the attorneyclient privilege and/or atlomey work-product doctrine; and

(k)

setby C'alifomia
on the groundsthat it exceedsthe limit of 35 interrogatories

t6

declaration
Codeof Civil Procedure
Section2030.030s,'ithouta sr-rtlicient

t /

pursuantto Section?030.050.

1 8 s LrppLpMENTAt RSSP0-NSE TO TNTERROGS.TflRY NO,_.l68 ${r Si\ rjMB E REp ..AS

l9
20
")l
tt

o,_2fl:
ar g rrx_N
niuraRRQE
respondsthatJoeyKinr cn
Subjectto andwithoutrvaivingits objections,Def.endant
numerousoccasionsdr-rring
the RELEVANT TIN'{EPERIODwent on FOOD Rtr'l'JS.

:
22 rjlrsRs.ocAroRY No, t 69fl}{rsNUMBEF.S,p
Ast,IN
IERROGAr(}RY.NO.,?.8)
23
1A

IDENTIFYALL DOCUN.IENTS
RELATING1"OYOURresponses
to thelasttrvo
intenogatories.
AS
N0. 169(MISNUMBERED
RESPONSE
TO INTERROGATORY
TNTERR9GATORY
NO..28):

j l

Defendant
objectsto ihisinterrogatory:

28
-30SE't"l'u,o
To SpECrAl,
INTERR0CA'roRIEs,
Dn.reNn*xr's?NDSupplcv{ExrAlitESpoNsES

{a)

cmthe grollndsthat it seeksinfon:rationthht is not relevantto the sribjeotmatter

of this aclionarrdis not reasonablv


calculatedto ieadto thediscovervof

adr rissible evidence;

rl

{b)

on the grountls that it is vague and ambigrlr:us;

(c)

on the grounds it is bur"densomer


oppressive,and overly broad;

(d)

r:rnthe grounds that it is overly broad as to tirne:

(.e)

to the extentt'hatit seeksinformationthat [s nnt r,vithinthe possession.


custodv.or
control of Defendant;

(0

on the grorincls
that it is argumentative.;

10

(g)

on thegroundsthatit r:allsfor a iegalconclusion;

ih)

private,confldentialcommercial,linancial
to the extentit seeksDefendant's

I A

andior proprietarybusinessinformationand frade secretsthat is protectedfrom

l3

disclosureundercaselaw, statrite,regulaiiton,
orcleror otherwise;

14

(i)

to theexterltit seeksinlbnnation,thedisclosure
an
o{'whichu'ouldconstilute

15

unwarrantedinvasion of tlie aftbcted pers<trns'


constitutional, statulory and/or

16

common law rights to personalprivac;, aird confidentiality;

7 -

t t

fi)

clientprivilegeand/orattomeywork'productdoctrine;ancl

18
t )

to th extentit seeksinfonnetlionthat is pilotectedfrorn disclosureb,v^


theattorney-

(k)

on the groundsthatit exceeds


thelimit ol'35 inten'ogatories
setby Clalilbrnia

2A

Codeof Civil ProcedureSection2030.030withouta sufficientdeclaration

a 1

pursuzurt
to Sec"fion
2030.050.

zt

supPrjEruEr!{T.tl, RF$I,ONSE TO TNTBRROGATORY NO. 169(MTSNUMBEREDAS

t1

TIYTERRQG."\I?RY NO. 28);

1zl

Sulrjectto and withoutrvaivingits objections"Defendantrespondsthat sfter a reasonable

/J

searcha::ddiiigentinquiry,Defendantis unableto locateany responsivedocuments.

lo

r 70 &,ITSNUMBEFED
A$]TNTE"RRO
GATO8I l{.O",?e):
I SFIB'9 Gd'T9[rY N_Q*

zl
l6

IDENI]FY A.I.,LPERSONShar.'ingknowledgeof YOUR responses


to lhe lastthree
intcrrogatories'
-r r Ser Tu'c.r
RESpoNSgslo
Sraci,qt-IxrsRRclcsroRIEs.
DErrxD,qt{t'szNDSLrppt.grr.tENTAL

IUSFOTNSE'rOINTERBOGATORY NO. 170(MrSI\UMBERED AS

INTER&0 Gi\rQBY,l{f}.

29}I

Defendantobjectstr: ttrrisInterrogatory:

,|

(a)

"i

on the groundsthat it seeksinformationrhal is not releva^nt


to the subiectillatrer
of tiris actionand is not reasonably
calculirtedto leadto the discoveryof
admissibleevidence;

tb)

on the grounrlsthat it is vagueandaurbiguous;


on the grouncls
it is burdensone!oppressijve,
andoverly broad;

R
0

(d)

on the grounclsthat it is overlybroadasto iime;

10

(e)

to the exte.ntthai it seeksinformationthal is not within the possession.


cusrocly,
or

11

controlof Defendar:rt;
on the groundsthat it is argumentative;

13

rf')
(e)

14

(i:)

to the extentit seeksDefundant'sprivate,confidentialcommercial.financial

t2

on tl'legrouncls
that it callsfor a legalconclusion;

t \

and/orproprietarybusinessinformationaFrdtradesecretsthat is protectediiom

i6

disclositreundercaselar.v,statute,regulation,orderor otherrvisel

1 1
L I

! r.,

to the extentit seeksinfomration,the diselosru'eof which rvor"rld


constitutean

l8

urnvarranteci
invasionof the affectedpersonsrconstitutional,statutoryandior

19

oornmonlar,vrightsto personalprivacya-rnd
confldentinlity;

20

fi)

clientprivilegeand/orattorneyr.vorlc-prodnct
doctrine;and

.!. l

tz

to theextentit seeksinibrmationthatis protecledfrom disclosure


hy thea$orney-

tk)

on the groundsthatit exceedsthe limit of 35 interrogatories


setby California

23

Codsof Civil ProcedrueSection?030.030rvithouta sufficientileclaration

?4

pursuantto Section2030.050.

2 5 sTJPPLEUET\{TdL
Rf,SPO-NS
E TO rNTERROGATORYIiO.,lUS_
.4,S
fMr SNUN{BERE.p
/o

27

TNTERROGATQB.Y
NO.3e):
Subjectto and without r.vaivingits objections,D$fendantrespondsthat due to overbroad

2 8 rllltureof this inte.rrogatory,


it is i:rpossibleto identifyall potentiailyresponsive
individuels.
iJErnNnRNr's?NDSuppr-elcNr,* REsponsES
To PECIALINTENNOC,qTORI
ES,STT''fWO

Neverlheiess.
Defentla"nt
responds:JaeyKini. h'Ir.Kim canbe contacledthrr:ughcounsellbr

Defbndant.

INTTERROG
Did ANY of YOUR managers:supervisors,or agentsever go on FOOD Rtli,tiS fbr

CLASS MCIvIBERS durins the RELEVANT TIN'{fi PERIOD?

RESPOh"TSF
AS
lto INIEIUTOGATORYNo. 171JI\{ISNUMBERBQ

INTERF(OGj\IIQRYNO..-10)
:

Defbndilrtobjectsto thisInterogatory:

(s)

unthegroundsthatit seeksinformationtnratis not relevantto thesubiectmatter

10

of this actionandis not reasonably


calculftedto Ieadto thediscoveryol

1l

evidencc;
adrnissible

' L

(b)

on the groundsthat it is vagueand ambiguous;

l3

(c)

oppressilve,
andoverly broad;
on the groundsit is burdensoms,

i4

(d)

on the groundsthat it is nverly broadasto time;

t)

(e)

to theextentthatit seeksinformationthal is not within thepossession,


cuslr:dy'.
or'

1A

oontrolof Defendanu

1'l

(t)

on the groundsthatit is argumentative;

IB

(g)

on the grclundsthat it callsfor a legalconalusion;

19

(h)

to the extentit seeksDefendant'sprivate,confidentialcornmercial.linancial

?0

andlor proprietarybusinessinfbmrationaurdtradesecretsthat is protectedli"onl

21

larv^statute.regulalion,orderor otherwise;
disciosureunderc.a.se

22

ti)

of ra'hichwould constitutean
to tbe extentit seeksinformation,the disClosure

23

unwsffantedinvasionof the aiTectedpeL3ons'c.onstitutional.statutorvandior

1,4

oommonlarv riglrtsto personalprivacy athdconfidentiality;

25
26

fi)

to the extentit seeksinfonnationthat is protectedfrom disclosureby theattorneydoctrine:and


client privilege and/orattorileyx,ork-protduct

77
1,6

-33SpEctellwrrnnocaroRtEs.SrtT*,o
DgreNo,{Nt's?NDSuppLeuExrAlRESpoNSEs'ro

(k)

on the sroundsthat it exceedsthe lirnit of B5 interrogatories


setby Califomia
Section2030.030withouta sufficientdeclaration
Codeof Civil Proceclure
pursuant
to Sec.tion
?030.050.

SUPI}LEI\{4"i\IT*LR.ESPOI\SETO INTERRO.SATORY I{O. I71 {}IISNUN{E.ERNQ.AS.


INTERROGATORYNO.39):
6

Subjectto and q,ithoul x'aiving its objections,Defendantresponds:Yes.


TTiITERBOGATORYN0. 172{MTSNUS.IBERELAS INTESOSALORY

NO. J!:

StateAL,l, l'actsRELA'|ING T0 YOTJRrespons*to the lastinterrogalory.

Ir.EsPg,lti$&'rQJ$'r ERR0GATORY.t\0. 172{}Ir$NIIfr,IBEREP


Asl.
NO.31):
1 0 TNTITRROGATORY
I

t )

llefe,ndantobjectsto this Inten'ogator]*:


ta)

u"rtlier
on the grt:undstlratit seeksin{brnrationtltat is not relevantto t}:esub"jcct
of
calcuiated
to lead10thediscoverry
of thisactionandis oot reasonably
admissibleevidence;

t4
l5

i8

(b)

on the groundsthat it is vagueand ambigrlous;

(c)

andoverly broad:
oppressive,
on the grouncisit is burdensc)me.

(,i)

on the groundsthat it is overlybroadasto time;

(e)

custody,or
to the extentthat it seeksinformationthat is not r'vithinthe possessior"r,

10

controlofIlefendant;

20

(t)

on the groundsrhatit is argumentative;

) 1

(g)

on the groundsthatit callsfor a legalconclusiotr;

0r)

to the extentit seeksDefendanl'sprirrate,confidentialcommercial.{inancial

')')

23

ar,dlorproprietarybusinessinformationafidtJadesecretsthat is protectedlrom

1A
,T

diselosureundercaselaw, statute,regulation.orderor otherwise;

LJ

(i)

to the extentit seeksinformation,the disclosureof tvhich rvoulticonstitutean

76

andii:r
invasirlnof the affeetedpersons'constitutiollal,statr"Ltory
unu.amanted

an
tl

commonla*'rights to personalprivacy and eonfidentialily;

-J+-

RpspoxsrsToSPECIALIxrxnRocl,roR}ES'SrtTrt,o

ti)

client privitege andlorattomeyrvork-productdoctrine;ard

I
J

to the extentit seeksinformationthat is protectedfrorn disclosuleby lhe attomey-

{k)

on the groundsthat it exceedsthe lirnit of B5interrogatories


setby Calilbrnia

Codeof Civil ProcedrreSectian2030.030rvithouta sr:fficientdeclar


ation

pursuantto Secti<ln
2030.050.

SUPPLE}ISJJT$L RNSPONSE1'O IN

INTERROGATORY NO.31):

It
r)

Subjectto and witl'routrvaivingits objections,f)efendantrespondstiratit is arvarethat its


it backtr:
staff,pickedup food and bror"rght
employees,
includingmernbersof its management

andlorotheremployees
duringtheRIILEVAN'I'l'n\{E PHI{lOD.
1 0 theClubftir ilremselves
t l

l,)
I L

1 1
IJ

rNTARR OJj$TORY N O. 173 0\{ISNUMBEI{ED AS IINTERRO GAT ORLJI Q. 32):


to the lasttivo
IDENTIF'YALL DOCUI\4EN].SRELATING TO YOUR responses
intemogatories.

1 4 RESPONSETO II\TERROGATORY NO. 173&TISNUMBERAD AS


15

I_l[sw:

1t)

Defendantobjectsto this Intenogatory:

T7

(a)

on the gloundsthat it seeksinfornrationtJratis not relevantto the subjectmatter

l8

o1'
calculated
to leadto tirediscover-v
of this actionandis not reasonably

1 0

admissible
evidence;

20

(b)

on the groundsthat it is vagueandambigiuous;

1 1

(c)

and overly broad;


or fhe groundsit is burdensome,oppressilve,

72

(d)

on the groundsthat it is overlybroadasto time;

!)

{e.l

or
cr;stot'iy.
to the extentthat it seeksinformationftat is not within the possession.

24

contlol of Defencla:rt:

25

1n

on the groulds that it is argumentative;

26

(g)

on the groundsthatit callsfor a legalconhlusion;

27
28
RtEs
RespoNsesro SlPEclA
L INTetrRocATo
DrrnNnaxr' s ?NDSupplrrr,tgNret-

(1r)

to the extentit seeksDefendant'sprivate,canfidentialcomn:ercial,financial

an#or proprierary businessinlbrmation ancitrade secretsthat is protectedft'om

,]

disclosureunder caselaw. statute,regulatiton,order or otherwiseq

(i)

to the extent it seeksinformation. the diselosureof which would constiturean

unwalrantetl invasion of the affected persons' constitutional, statutor-vandior

C'

corrmor) lart"rights to personalprir.ac5,and conliclentialiiy;

0)

client privilege an#r:r attomey-r'vork-productdoctrine; and

il

to the extent it seeksinfounation that is prlotectedfi'om disclosureby the attorney-

(k)

on the glounds that it exceedsthe lirnit of 35 interrogatoriesset by Calitbrnia

10

Code sf Civii ProcedureSection2030.030rvithar-rt


a sufficientcieclaratir:n

l l

pursuantto Section2030.050.

AS
1 7 SU-_RPLS$EUITdL-|ESPON.$j]
rO INT!:RRO.q,$IORY.lVO.."l7"3
{Mr;$lip-r\lBEREp
t 3 INTIERTTOG-A,ITORY
NO.32):
14

Subjc:ctto and rvithout rvaiving its objections.Defendant respondsthat atler a tliligent

1 5 searchand reasonabieinquiry, it is unable to locate any responsedocuments.


It)

1'/

G4 l"O-RY}9. 3l ):
No. lr{ iltt $-^N
UIvIBERS
D$$ tlqrERBQ
Iri'IHs"o GSTSRY
havingknowledgeof YOTJRresponses
to theIastthree
IDENI"IFYALL PL.RSONS

1 B intet.rogatories.
lr\
t j

NOr174{MrSifiUMBERSq
r'O TNTERROGATSRY
RESP0NSA
A.S

2 0 rNTFKT|QSATQRY
No. 331:
2l

Defendantobjects to this Interrogatory:

zz

(a)

on the grounds that it seeksinformstion thar is not relevani {o the sLrbjectnlaller

of
to leadto the discover.v
calculatecl
of this actionandis not reason&bly

L3
') /.1
/ 4

adrnissibleevidence;

25

(b)

on tiregroundsthat it is vagueandambiguous;

/o

(c)

andoverlybroadl
oppressive,
on thegroundsit is burdensome.

?]

(d)

on thegroi:ndsthatit is overlybroadasto tinte;

ld

-36Ser Two
INTERRccAT0RIES.
To SpECIAL
DsruxpANr's ?Np SupprmqexrAlREspoNSES

'I

(e.l

custody,or
to the eKtentthat it seeksinlbrmationthal is not witliin the possession,
coirtrol of Defendant;

{8

on the groundsthat it is argumentative;

(g)

on the groundsthat it calisfor a legalconclusion;

ft)

private.contidentialcommerciai.financial
to the exientit seeksDet'endant's

{]

zurd/orproprietarybusinessinfonnation and tradesecretsthai is protectedt}om

clisclosureurrdercaselaw, statute,regulaiiron,orderol otbenvise;

{i)

persons'constitutional,statutr:r;ancli:r
invasionof the al"fected
unrvarranted

conlmoniar.vrightsto personalprivacytrndconfidentiality;

l0
1t

fi)

to the extentit seeksinformationthat is protected{iom disclosureby the attomeyclient privilegeandlorattorneywork-productdoctrine;and

12
l3

to the extentit seeksinformation,the disclosureof which wouliJcrxstitutean

(k)

setby"Califomia
thelimit of 35 intenogatories
on the groundsthatit exceeds

i4

a sufficientcleclaration
2030.030rvitl"rout
Sectir:n
CodeollClivilProcedure

t5

pursuantto Section2030.050.

16
t7
18

n-j!s.
SJPPIEMaNTAL
&PSroNsqrgJNTpSRoq4rOBYilp*J?4.{MISN'U&{BERE
No, 33)
TNTIIIKROGATpRX
ra,aivingits objectioris,Def'endantrespondstliat dLreto ovelbroail
Sub.jectt<land rvithor"rt

individuals.
to identifl,all potentiallyresponsive
it is impossible
1 9 natureof thjs interrogatory.
?0

Nevertheless,
Defendantrespondsthatthe GeneralManagersof Defendantduringthe

?l

REI.EVA)'ITTIME PERIODinclude: N{ikeVandersoesand David Conforti.

(MISNVI\{BERED
As INTERF0.Gd,I9RY
22 INTEBROG$rSS N0. 18-0
S9,..3e),:
z)
,\A
L*

supervisors.
andagentsto
DescribehorvYOIJ tlainedor instructedYOUR nranagers,
lawsduringtireRLLEVAI{T IIMH PERIOD.
complyrvith Caiifi:rniawage-and-hour

2 5 RESPONS$,Jp IISTERROGATOS.Y Nq. 18S{I\{ISjNUh{BEREB A-S


?6
27

IY.Q
rNrEnsCI
G,ar[rRY
*3?].:
Defendantobjectsto ihis Interrogatory:

z6
1n
-3
t-

IrlnRxoceroRlEs. Sni'Two
To St ECi,qt"
RESpoNSES
Deresn,{Nr''s ?NDSuppLeMeNTAL

(a)

on tire groundstlrat it seeksinformati{x ftat is not relevantto the subjectmatter

of this a*ticn a:rriis not reascnablycalculatedto leadto the discoveryof

admissibleerridence;

(b)

on the groundsthat jt is vaguearrdzunbigrtous;

(c)

on the grorindsit is burdensome,


oppressive.
andoverly broad:

(d)

on the groundsthat it is overlybroadasto timei

(e)

or
custod-v.
to the extontrhatit seeksinfi:naationthat is not within thepossession,
eontlolof Deferidant;

B
(0

on the groundsthat it is argumentative;

In

(g)

on the groundsthatit callsfor a legalconclusion;

1l

(h)

private,confidentialcomn:rercial,
fina:rciai
to the extentit seeksDel'endant's

,.}
l
I L

and/orproprietarybusinessinf'onnationaltidtradeseorelsthal is protectedl'l'onr

i3

disclosureundercaselaw, statute,rcgulation,orderor other"wise;

1 4

r.t

(i)

.l<

invasionof the aJkctedpersons'constitutional,stalutorvand/or


unrvarranted
commonlai.vrightsto personalprivacyartclconfidentiality;

t /

to

17

0)

by thealtorneyfioni disclosure
to the extentit seeksinfbrmationthatis protected
clientprivilegeand/orattomeywork-productdoctrine;and

l8
i9

to the extentit seeksinfrrrmation,the disclosureof which ivouldconstitutean

(k)

setby Calitornia
the lirnit ofl35 interrogatories
on the groundsthat it e.xceeds

20

Section2030,030withouta sufficientdeclaration
Codeof Civil Procedure

- t

plrrsuant
to Section2030.050.

!1

NOi 18W
22 s[I$:LsrqpNrAI, RE$PC}NSE
TO INTERROSATpRY
NO.}9}
73 INTERROGATPRY
1A

LJ

Subjectto andrviti:autr.vaivingits objections,Defendantrespondsthat to the extenttlrat


staffduriirgrl:e
this requestrefersto Califbmia'smealandrestbreakiaws,all management

26 REI,EVANTTIIvIEPERIOI)rvasrequiredto understandand imple*renttlrepoliciesprovicledin


77 theemployeehandbook.
28

-38SEr"fwo
lNTER.R.ocAToRl0s.
To SpECIAL
REspoNsES
DeruNnaNr's2NDSLrpplr.lqeNTs,L

Ir\ IIER&OCAT0-RY ItiO. rfl f1}fI$NUlvIBgBF,l) As INTERROGAT0RY No. 1Q):


r

StateALL lactsRELATING TO YOUR RESPONSEto the lastinterrogator;-.

TIESFONSETO TNTERROGAT()RY ryO. 181{MTSNUMBERBD AS


INTERROGATORI| NO. 40):

Defenrlantcbjecisto this Interogatory:

(a)

on the groundsthat it seeksinfbrmatianthat is not relevantto the subjectmatter

ofthis actionandis not reasonably


calculdtedto leadto the discovervof

adntissible
evidence:

(b)

on the groundsthatit is vagueandarnbiguous;

10

(c)

on the groundsit is burdensome,


oppressive,
and overly broad;

11

{d)

on the groundsthat it is overly broadas to time;

12

(e)

Lhatis not rvitirinthepossession,


to the extentthatit seeksinfcrrmation
custody.or

1 a

controlof Defendantl

IJ

t4

(f)

on the groundsthat it is argu-rnentative;

I5

(g)

on the groundsthat it callsfor a legalconolusion;

16

(h)

to the extentit sceksDefendant'sprivate.confidentialcommercial.financial

ancl/orproprietarybusinessinformationarndtradesecretsthat is protcctedlirim

disclosureunderoasela$,,statute,reguiatlon,orderor otherrl,ise;

18
t:,

(i)

2A

persons'c.onstitutional,
un\4an'anted
invasionolthe aff'ected
statutoryancl.:ur
oorllmonlaw riglrtsto personalprivacyand contldentiality:

L I

11

to the extentit seeksinfonnationthat is protec.ted


from disclosureby theattorneyattomeyrvork-productdoctrine;and
clientpriviiegear-rdior

LJ
a 4
L.+

to the extentit seeksinformation,the disclosureof rvhichwoulclconstitutenn

(k)

the limit of 35 intenogatoriessetby Calilbrnia


on the groundsthat it exceeels
Codeof Civil ProcedureSection2030.030without a suffieientdeclaration

.'o

pursuantto Section2010.050.

a1

28
-lqSrr Tn'o
TroSFect,o"rIxrenRocnroRrES.
Derpxo,qxl's ZignSupplnr'lexrAl-REspolisF.s

SUPPLEil,IENTAL
RES.pO-NSE
TO INTERROCATSRY
ryO.rIn (MrSrr{US,rBERn}
4S

z INTERROGATO.RY.
NO.40}
3

rvaivingits objections,Defendantrespondsthat it was i1spolicy


Subjectto ard rvithor"rt

duringthe RELEVANT TII\,{EPERIODthat all management


staff wasrequiredto r:nclerstand

andimplementthe policiesprovidedin theemployeeharrdbook.

AS INTFSI"ROTiiATQRYNO. al):
TNTETRBQ$ATORYN0. 18? (TVTISNUMBEEEL

7
I

to tlie last
RELATING T0 YOUR responses
IDEN'|IFY ALL DOCU$,IHNTS
interrogatory.
r\EspllN s n .ro lNT ERRO qdIpR.Y

t0

N 0._18? fi\{I$ lI u MBERBq A S

No. ar):
rNl]l;R8.oQAr.8BY

1l

Defendantobjectsto this Interogatory:

1?

ta)

on the gloundsthat it seeksinfbrrnationthat is not relevantto the subjectnratter

l-)

of
calcuiatedto leadto the discover,v
of this actionand is not reasonably

l4

evidence;
adrnissible

15

(b)

on ths groundsthat it is vagueandambigu<.rus;

T6

(c)

?utdoverly brr:ad;
oppressive,
on the groundsit is burdensome:

17

(d)

on the grorurdsthat it is overlybroadnsto tinte;

i8

(e)

custotly,or
to the extentthat it seeksinfr:nnationthilt is not rvithinthe possession.
controiof Defendant:

19
?0

(0

on the groundsthat it is argunentative;

2l

{g)

on the groundsthat it callsfor a legaiconclusion;

22

(W)

to the exlentit seeksl)efelrdant'sprivate,contidenlialcommercial,fiuancial

!)

from
ancilorproprietarybusinessinformationandtradesecretsthat is pr"otected

,t .l
Z*

disclosrireundercaselarv"statute,regulation,orderor otherrvise;
(i)

lb
1a

to the extentit seeksinfon,ration.the dis*losurerlf wirichwouid constitutean


and'roi
Lrnwarranted
invasionof the aflbctedpersons'constitutionai,statutoryprivac.vandconfidentialit-v:
larvrightsto perscrnal
comnlor-I

IE

Se'r'|rvt:
Ix'rsnnocnToRIHS,
To Spnctet"
RESpoNSES
DsrerunNt's ?NDSuppLrtu{SNTAL

0)

?
J

to theextentit seeksiirformationthat is protectedfia:l clisck:sure


hy llte atlorney'clienl prir,ilegeandlorattorneylvcrk-prodl"rct
doctrine;and

(kl

ort the gtoundsthat it exceedsthe limit of 35 intecogator:iessetby Llalifanria

A
a

Codeof Civil ProcedureSection2030.030raithouta sufficientdec.laratir:n

pursuantto Section2010.050.

suPPLElfEr!{TAL_ RESPONSET(} INTERROGATQRY NO. I S?,{MISNLI\IBEREp AS

IN:}'ERR-OGAT0[{Y l{O,.{} )

Subjecrto emdrvithoutwaivingits objections,Defendantrespondsthat dueto {}re

overbroadnatureof this interogatory,it is impcssibleto ident'ifyall potentiallyresponsive

r0

documents.Nevefiheless.
Ilefbndantrespondsthatits mealandrestbreakpolicy duririgllre
RELEVANT Tlivlh.PHRIODcanbe {bundin tlie employeehardbookspreviouslyprodr-rced
b.v-

t")

Deibnclant,
documentsBatesstampedDI.,M00005-000046
and00047-0008i.

1 a

IF{TERR.OGSTORY
N0. 1$ fI{ISNUM}EREnAS IJJTERROGAT9ffNo. a2);"

14
l5

IDENT'IFYALL PIIRSONShavingknowledgeof YOIJRresponses


to the lastthree
interrogatories.

1 6 RrisPolLsE.T0
TNaiRRoGAToRYNo. I83 (MrsN,[]nrEERpq
Afi
1'7

18

INTNRROG"A.TOITY
NO. 42}:
Det'*nciant
objectsto rhis intenogatory:
(a)

on the grorurdsthat it seeksjnfcrmationthat is not relevantto the subjectlrlafter

20

calculated
to leadto thediscoveryof
of tl,is actionandis notreasonably

21

evidence;
adrnissible

'''a
LL

{b)

on the groundsthat it is vagueand ambiglrous;

?3

(c)

andoverly broad:
oppressive,
on tlregrouncisit is burdensome)

24

(.1)

on the groundsthat it is overlybrsadasto time;

(e)

custodl'.or
to the extentthat it seeksinfomiaticrnthat is not rvithin the possession.
corru'olof Delendant;

nt

!.6

tt)

on the groundsthat it is argumentative;

on the groundsthat ir callsfor a legalccnclusion;


-41To Spncrat-INreRRocaToRtES.
Srr Ttvo
DrpexpnNr's ZNDSuppi-euri'lralResporqsEs
{gl

(h)

to the extentit seeksDefrndant'sprivate.conf,rdentiai


cummercial.frnarcial

and/orproprietar,r'businessinformationarrdtrade secretsthat is preitectedfrpm

disclosureundercase[ar.v.statute,reguiation,orderor otherwise;

(i)

to the extefitit seeksinformation,the disclosureof which would consriture


an

un\'vatranted
invasionof tire affe*tedpersons'constitutional,
statutr:ryandlor

{r

commonlaw rightsto personalprivacymd cor:lfidentiality;

(j)

o
d

to the extentit seeksinfannationthatis protectedtiom disclosureby"theattomeyclient privilegeand/orattorneywork-prodr"rci


docirine;and

tk)

on the groundsthat it exceedsthe linrit of 35 intenogatoriessetb,vCalifornia

i0

Codeof ClivilProcedureSection2030.030rvithouta sufficientdeclaratioir

ll

to Section2030.050.
Dursuant

12

As
$q.qPI*pMA.b{l;$,I#.,3EsfoiYsS-Io
!}lrERRoGArpLl.YNo:.183(MISNUMB.ERED

13

II\ rEBKQ{fu\L9RYNO.{2)

14

Srtbjectto anclrvithoutr,vaivingits objections.Det'endant


respondsthat cir"re
fo overbroad

l5

natureof this ittterrcgatory,it is irnpossible


to identifyail potentiallyresponsiveindividuals.

l6

Nevertheless,
Defendantrespondsthat theGeneralManagersof Det'endsnt
dr"rring
the

L /

REI,IIVANTTIIvIEIIERIODinclude:\4ike Vanclergoes
and DavidConforti.

r 8 ll.{IFRR.0"GAroRY
No. r8affirSl{uMBEnEpA.$INrE&I{$f;ATQRX}0. a3}:
19

Describehow YOLI madesureYO{jR managers}


superuisors,
andagentscornplied,,vit}r

'IIIvIE
20 Californiawage-and-hour
Iarvsduringihe RELEVAN'|
PERIOD.

qr{SE Tq, rNTERRq G-ATORLI{


21 RASP
O. 1I 4 {MrSNV}vrB
ERnDJA.S.
22 TNT,BRRQGATORY
r\0. a3):
?3

Deibndantobiectsto this lnter"rogatclry:

?4

{a)

on the groundsthat it seeksinibrmationtlnatis not reler'ff"nt


to the sr.rbject
tnatter

?5

of tlris actionandis not reasonably


c.alcuiated
to leadto the d,iscovefy
sf

26

adrnissible
evidence;

27

(bi

on the groundsthat it is vagueandambiguous:

-4tt

(c)

andoverly broad;
oppressive,
on tl'Iegroundsit is burdensome,
-&)-

SEr'fwt:
IurrnRocaToRIES,
ro Spgclq,t
DernxpaN'f's
REsFoNsEs
ZND$urpLstvtENTAL

(d)

on the groundsthat it is overly braadas to tirne;

(e)

to the extentthat it seeksinformationthat is not ',vithjnthe possession,


custody,or

eontrolofllefendant;
4

(]

ifl

on the groundsthat it is argumenr.ative;

(g)

on the groundsthat it callsfor a legalcl:nrlusior,t;

(h)

to the extentit seeksDefendant'sprivate,confidentialcommercial,financial

zurd/or"proprietary
businessinfonnationandtradesecretsthat is protectedfrom

clisclosure
undercaselaw, statule.regnlation,orderor othenvise;

(i)

to the extentit seeksinformation,the disc,losure


of which lvorildconsritulenil

lt Un

unrvarranted
inrrasiouof the afTected
persons'constitutional,statutclry
sndr'or

1 1

comnlonlarvrightsto personalprivacvandconfidentiaiityl

I I

12

ti)

l a
I J

14
I5

to theextentit seeksintbrmationihat is pir:tectedirom disclosureby theauomeyclientprivilegeand/orattorneyrvork-pruductdoctrine;and

(k)

on thegroundsthatit exceeds
thelimjt of 35 interrogatr:ries
setby Califbrnia
Codeof Civil Procedru"e
Section2030.030withciuta sufficientdeclau'ation
pursuant
to Sectii:n2030.050.

1 1

SUTI'I,E}ISI.{':[4T.R&SF.ONSJ TO INTERRO$ATq.I}Y NP1 I$.4.IX4IS.NUMBBREDAS

1 8 LNIpT3S.gQATORY
N0. 43)
i9
2A

waivingits objections,
Subjecttr: andr.vithout
Defendant
responds
thatit wasits policy
duringthe RELEVANT TIME PERIODto inform its ernployees
of its policiesrhror.rgh
its

? 1 employeeh*ndbookandutiliz.eits disciplinarypracticesin the eventit becarneri\r-aleof a tailr,rrr


')1

of an enrplol,ne
to follow its policies.

23 INTE&R"Q-G$TQ_BY
NO " 185 {trISNU1\{BERAP..ASTNTERROGATO&}i NO. {a) i
24

StateALL tactsRLL;\TING'fO YOUR response


to lhe last interrogatory.

REsPgr{S[rq mrE*RoGAroRY 1\{}..l8sQ{rSry]JMBE{{.Br}


A$

ri{TslrnacelgKX
No.{gl:
27

Defendantobjectsto this Interogatory:

2B
-4tJ-

DeRsxnext's ?Nu Surpr-EvrexralRnsroNsF.s


lo SpEctnlINreRnocnlorirEs"SerTllo

I
I

(a)

on the groundstbat it seeksinfornation that is not relevantto the subjectmarrer


ofrhis actionandis nol re$sonably
calculatedto leadto ihe discoveryof
admissibleevidence;

{L

(b)

on the groundsthat it is vagueand ambiguousl

(c)

on the grounds it is brirdensome,oppressive,and r:verly br:oad;

(d)

on the grounds tlut it is overiy Lrroadiis to time;

'7

(e)

to the extentthai it seeksinfannationlhat is not nithin rhepossessitin,


custody,or

conlrol of Defteridant;
(ft

on the grorurdsthat it is argumentative;

IU

(g)

on the groundsrhatir callsI'ora legalconclusion:

(h)

to the extentit seeksDefendant'sprivate,confidentiaicommercial,llirancial

LI

l?

ancllorproprietarybusinessinformationarldtrade se.crets
that is protectedfrom

t {

disclosureundercaselaw, stalute,regulation,orderor oth*rwise;

t4
'|

(i)

<

unrryarrantecl
invasionof the affectedpersous'constitutionai.statutor-v
anclior
conurell lar.vrightsto personalprivacyand confidentiality;

IO
1-7

fi)

i8
19

to tlie extentit seeksin{bnlatior:.the disclosureof rvhic}rwouid consritlrte


arl

tn the extentit seeksinlormationthat is protectedfrorn disclosureby rheattorneyclient privilegeand/orattorneywork-productdoctrine;and

(k)

ou thegrouncls
thatit exceeds
the limit of 35 interogatoriessetb,vCalifornia

20

C'odeof Civil Proce.dure


Section2030.030without a sufficientdeclaration

a 1

pursuantto Section2030.050.

LL

suPPLEh{ENr4}*RESPONqE
TO TNTERR.OGATpRY
NO.-l*$B$SryJMBSJfEpAS.

L}

TNTERRQGATORY
t$g 44)

14

rtaiving its objections.Defendantrespondsfial it ivasits polic-v


Subjectto andrvithor"rt
duringtheRELEVA\IT TIN{EPERIOD1orequireenrployees
io folloq'its policiesasprovided

Ll)

in its emplo)ree
hatidbookandto utilize its disciplinaryr
practicesin the eventit becrurear.vare
of

11

a faiiureof an ernpk:yeete lbllorv its polic.ies-ln its employeehandbook,Defendantspecitically

?8
DTTENN,qTT'S
RESPONSES
2NP SUPPI-EIT,IEIITAL
TOSPECIII I:XTERROCATORIES.
SETTTVC:

references
the"refusalor inabilityto complyu'ith club rtles. policiesor proceclures"
asa

violationof the Club's rvorkruleslbr rvhichan employeeis subjecttu discipline"

INTEI{ROGATORY",NO. J86 fiHTSNUMBEREDAS I$TERROGATORy N0. {5) :

t"i

IDENTIFY ALL DOCUMENTS RELATA'.IGTO YOUR resDonses


to the lasi tno

_l

iuterogalories.

RESPONSnTO INTERBpGA:O_3IY NOj 186 (MTSNUMBEREDAS

TNTERLQGS"TORYr.tlO.45):

Delbnclantobjectsto this Interogatcry:

(a)

on the groundsthat it seeksinfbrmationthat is not relevantto the sLrbject


matter

10

of this actioll and is not reasonablycalcuiatedto lead to the discover.vof

l1

*clmissibleevidence:

tl

(b)

on the grouncls
thatit is vagueandambiguous;

t-)

IA

(c)

oppressiri'e,
andoverly broad;
on the groundsit is burdensome,

lr+

(d)

on the groundsthat it is overly broadasto iime;

15

(e)

cuslody.or
tcltheextentthatit seeksinfbrmationthatis not witlrinthepossession.
c0ntroI r:1'Def'endant:

lo

t7

(0

on ths groundsthat it is argumentative;

18

(g)

on the groundsthat it callsfor a legalconclusion;

10

(1,

comn:ercial.ilnanciarl
to the extentit seeksDetbn&urt'sprivate.conflrdential

20

iionr
and/r:rproprietarybusinessirrfbrmationandtraclesecretsthat is protectecl

21

orderor otherwisel
unclercaselaw. statute,regulation,
disclosure

22

(i)

to the extentit seeksinformaticn"tiredisclosureof which r'vouldconstitutean

23

unwarrantedinvasionr:f the afi'ectedpersons'constitlltionai,statutoryandror

1A

comnlonlaw rightsto personalprivacyandconlidentiality;

L1

?5
26

tl)

to the eKtentit seeksinformationthatis protectedficm disclosureby theattorneydoctrine;and


ciientpriviiegeandl,:raltornt:yvr'ork-product

1t
L I

?R
-TJ-

iNrrnnoceroRlHs.SErTtvo
ro SpEc.t*rDercsp,,rNt's2NDSupplrueNTALRESpoNSES

(k)

on the gmundslhat it exceedsthe limit of 35 interrogatories


setby Csliforilia

Codeof Civil ProcedureSection2030.030rvithouta sufficientdeclaration

pursLrant
to Section2030.050.

SUPPr&MEI{TAL RS$.PONSET0 TNTERROGATORY N!}. 186 {M1SNU\{BESnD {g

INTERROGATqBYNO. 45)
Subjectto and rvithaut rvaiving its objections.Del'endantrespondsthat due to lhe

t)

overbroaclnalule of this intenogatory, itis inrpossibleto identiiy ali potentially responsir.,e

documents. Nevertheless.Defbndant respondsthat its meal break, rest break. nnd discplinary
policies during the RbII.HVANT I'IME PEzuOD can be found in the employee hanrlbor:ks

1 0 previousiy pr:oclucedby Defbndant,clocumentslJatesstampedDLM00005-000046 and 00047I

0008
r.

t 2 TNTERRqGATORY."I{O.
IIZ (MrSNU,I{BERED
A$ tNrpg$OqiAr0Ry NO.46}:
IJ

IDHNTTFYALL PERSONShavingknowledgeof YOUR responses


to the lastthree

1 4 interrogatories.
1 5 RBS_P
ONS,F-T,pINTpRROGA:IORY .Np. r 87 {Mr SNuMBER.sp.AS
1 6 INTBRROGATORY NO._.{6}
:
1 1

T I

Defbndantobjectsto this Inten'ogatory:

18

(a)

tltat is not relevantto the sub.ject


nlatler
on dle groundsthat it seeksinf'crnnation

IO

of this actionarrdis not reasonablv


ca.lcr"rlated
to lead to the cliscoverv
of'

?0

adrnissibleevidence;

2I

(b)

on ti'legr:ounds
that it is vagueandambiguous;
and overly broad;
on the groundsit is burdensone.oppressive.

22
z)

(d)

on the groundsthat it is overlybroadasto tirne;

24

(e)

custody,or
to the extentthat it seeksinformationthat is not within the possession,

25

control of Defer-rdant;
1tl

on ths groundsthat it is argumentative;

tgJ

thatit cailsfbr a legalcr:nclusion;


on the groruriis

?B
s 2xp Sttppt-Eli*eNTALRESPoNsESTo
Dg r Er.*D,rNT'

SNTTTI,O
CIAL INTERROCATORIIlS.

(h)

to the extentit seeksDel'endant's


pdvate,confidentialcommercial,iinancial

and/orprcprjetarybusinessinfonnation and tradesecrefsthat is protectedfrorn

dischsure undercnselau,,statrlte,regulaliton,order or otherrvise;

(0

to the extentit seeksinlbrmation,the disclosureof w'hichwouid oonstitutean


unr.varranted
invasionof the affecredpers$ns'constjtutional,statutory,
andior
commonlaw rightsto pei'sonalprivacyandconfidentiality;

fi)

client p'ivilege and/orattomeywork-prodrrctdoctrine;and

r)

to the extentit seeksinformationthat is prlotectedfrom disclosureby rlreattorney-

(k)

on the groundsthat it exceedsthelimit of 35 inierrogatories


setby Califomia

10

Clodeof Civil Procedure


Section2030.030rvithouta sufficientdeclaralion

li

pursuantto Section2030.050.

t a
LL

TNTIRROGATfjRY
suppLp,MqNTAL
NO"18?fMr j\{UMBEnnpl\S
RESPONSE:IO

t a
I J

rFLTERn"O,HATORY
N.O.46)

l4

respondsthat due to overbroad


;$ubjectt<iand rvithoutrvaivingits obiections,Def.endant

indi\.,iduals.
it is impossible
to identilyalNpotentiallyresponsive
1 5 natureof this interrogatory,
1 6 Nevertheiess,
Defendamt
respondsthatthe Generail\,{anagers
of'Defendantduringtlre
1'7

RELEVANT TIM

and David Confcrrti.


PERIODinclude: S'IikeVandersos$

t8
l9

Di\l'llD: .lune10,201l

By;
a l

L I

22

Attorneys ibr Defendant


VH PROPI]RTY CORP,

33
-',

,1

25
26
27
?8
-47Ser Two
To Srgciai-INTeRR*c.q,ToRIEs,
REspoNSES
Derrxu,qNr'szNDSr.rppLeuENTAL

PROOF OF SERVTCE

STATEOF CALIFORNIA.COL|NTYO]"'LOSANGETES

I am a residentof the Stateof Calitbrnia,over the ageof lB years,and not a parly tD the
within action. My businessaddressis One OceanTrails Drjve, RanchoPalosVerdes,'CA-902?5.

.t

On Jilrre10,2011,I servedtlie 1'allowing


described
as DEFENDANT VH FROFER]Y
CORP.'S2NO
SUPPLEMENTAL RESPONSNS
TO PLAINTIFF'$ SFECIAI,
lNTtrRRoGAToRrEs, sET Two on the interestedDefiiesin this acrion:
r:n rhe
[X,X] liy placingthe true copiesthereofenck:sedin sealedenvelopes.addresseclas starecl
fbilt:wingrnaiiinglist:

JeffreyW. Cor.van,
Ssq.
lhe CowanLaw Firm
1541OceanAvenue,Suite300
SantaMonica,Ci\ 90'10l

10

AntlronyJ. Orshansky,
Esq.
Orshansky& YeremianLLP
16133VenturaBlvd.,Suite1?45
E n c i n oC, A 9 1 4 3 6

I I

t a

[xxl (vrA u,s.N{ArL)


t4

[] I depositedsuchenvelopein the mail at Los Angeles,California.


rnailecli,l,ithpostagefully prepaid.

1 <

r8
l u

- 1
L I

enrrelope
l\ias

fxxl As f-ollows; I arn "readily familiar" rvith Trump National Goif Club's practiceof
collectionand processingconespondence
for rnailing. Under that practiceit rvr:uldbc'
depositedwith {J.S.postalsen'iceon the sameday with postagethereont'ullyprepaidat
ItalrchoPalosVerdes,Ca.lifomiain the ordinarycourseof business.I am awarethat on
motiotr ol tire perty served,serviceis presumedinvalid if postal cancellationdate r:r
postagemetsrdateis morethanoneday aller day of depositfor mailing in affidar.it.

16

zv

'l'he

HxecutedJune10.20i 1 at RanchoPalusVerdes"Calitbr"nia.
HX]

(STATE)I declareunderpenaltyunderthe larvsof the Stateof Califblniathattheabove


is trueandaccurate.

1?

24

?6
1-7

?8
PRooI. OT SER\TICE

Exhibit B

ii
I

G L I : N NI . .B R I G C i (SS B N r 7 - 1 4 9 7 )
l l 0 D i : i l -B lt I C C S \ \ 1 l NI I : t ( L I . t )
I | 0 5l n i n c( ' e n t c r '[ ) r i v e

S L r r t cI 4 ( ) ( )

i r r i n cC. I ():oI I
I : t)-19..{.j0.
8040

.)

l j : t ) - 1 9 . - l - i.0o v J - )

I I l .l -.AN
. {A R t-tN
(S B N? " +5 6t6)

c / o l t l l u p N i r t i o n aG
l o l f C l L r bL _ o A
s rrgeics
(r ( ) r r cO c c a n ' l ' r - a i l s
L ) r r. r. c .
.[tirnclrr.r
PllrrsVcr.clcs.
(',,\ (.)()]
75
-l
rl lrtr.lrjl-.tll-;
i ii r r l ( ) ) 1 6 5 - . i 5 l l

'ii

.,\Irontcvs

ttrr Delenclant
q l lVl'l l'}ROPl:il{l-Y
CORp.. ctba-l.RLi\.Ip
N.,\I-tONAl.
c o l . Fc ] , r i t 3

'ui l
il
illi

. S t l P L l { l O (I l' O L i i {I O l . ' l ' l [ : S | , \ - l ' 1 .


ol. c',\t.il.ott\1.\

,ii

( ' o t \ l \ ' o l : t . ( ) s\ \ ( i l : l . t i s

1.1

'trl'lrimsclt'
r,ns,r,hr{r
ll\" on bchalt
Jiil,r^
rd,,triel.s

si,)ril
lalll,sittratcrl

t4

( ' a s cN o . B C 4 0 i O f l 7

|
i

16

case
Ni,rrl(rEeeL)
prjo
| ,:,i::lljll;],iijl,)j,,.o
I
]

l l I j e o r p o r a l icolnoni gr b u s i n r . slss l R ( l \ 1 P

i
i

Plaintill.
lj

ll

jjru,,,,.,,,,,,o.
Y C'ORt)u
. . t)cl.r.r,r'c

A S S I O N I J iI)' OH O N \ , I , , \ R K
\' \IOO\J:\"
l)I":Pl. (rii

,
vH PItoPER't'\'Cottp.'s
llEftiivonNT
lrriSpONSFlS
TO pt,AtNTtFir.;s
Si,i..t.i,lr.
INl.t;lRROG;\l.Ottiltis,
st, t.;ilJrlni.

. Dot.-S
l l N , \I ' l ( ) N , \ct .(O. L F C I , L 1 I Jarrcl
I r. ,
l
i 8 l 5 ( )i .r r c l u s i r e .
II
I ) el ' e n d a n t s .
It)
l0
ll

li

l.+
1i

l(,

ii

I
I:

I r i a l l ) l r c : N r . l n cS c l
( ' t r r r r n l l r r[rrri tl c c l \: l l r c h

5.]rt0,r

li;.;.,;,,;.,,,",
.....-..---i

( I l ) . \R . l\ ' :

l ) l r i n r i l lI.) . , \ \ , l l )S . l ) l : l t t { \ ,

I ' A I TI \ ' :

l ) ei q ' r r r l , ' t\ .' l l l , R O l , l : l il . \ , C . O R . l , . .


r l t r eI l i l \ l l ,

t/:
:::::

N A - l - t 0 \ ; \ l - ( i O l . i r C t . ti L i
'l'li
rcc

l7
la

_1__-_-

I'o S t,ECLtt. | ^vrl-tt ltott.l.trtR rt

s . S r : r l ' r - r rrt I

2
')

Prtrsuant
tcrclalifornia
clocle
ot'('il'rlProceclulc.
Sectiorrs
2031I 1().vt ,:t,t1
. Dr.lerrclanr
\.ll
PropertY
corp' ciba'l'runtp
NalionalGolf club (hereinafier
"l)efi'nclant,,).
Sere
br lcspo'rl-\
ro
l'jlainlit'l'Da
S' eP c . t ' r ,i.hsc r c i r t a l j c r " ' l ) l a i n t i f J " ) Slpr lrecri ri rol s a r ( ) r(.S
i ccstl l r r , " , , - ,rri.rrl :l t , r i .

PRtit.tNttft AR) S-rAt.[:iY


EN,r.

Dct-endant
lias not cortrplered
its invcstrgatiori
relating{.othis actiorr.has 1.t co,'lcted
6 di'scoverl''
in this acticln,ancihasuot completecl
preparatron
fi)r triaJ. As cliscor..er.1.[-]focccLlsl
lnct.s.
irifbrnratiou.
evirJence,
clocunteuts
and thinesntav be di.scoverecj
rvlrichzrrL.
nol sct liu.thin
8 t h e s cr c s p c l t r s cbst't l w ' h i c ht t t a r h a v cb c c nl c s P o n s i v e
t o t l i e s eS p e c i a Il n r c r r o g a r . r i e sl.- 5 e
tl
lirllo*'rngfcspoltses
are blrsccl
on l)cfendant'skntlr.r,ierlgc,
inlitrrlation and beliel.0rthis li'rc trn,.i
l { J arc comlrletcrbasedon l)el'enclailt'sbestknor,r,leclge
at rhrs time. Irurthermore,tlre.sc'cspcl.scs
I I \\ierre
pl'epal'ed
basedclrtDef'encltint's
good faith interlrretation
anclupclerstanclir,.
ol the
t 2 i n c t i ' i c l u aI tl t t c r r o g i t t t l t ' a
i enst ia ' c s L r b i e ct ot c o r r e c t i u ,l r l r i u a c l v e l . l c n t
c r r ( ) r so r t - l r r i s s i . r risl '.l r r r r
l . l l ) u f c r l c l i tl tctst c r ' c r tsh e r i g l r t( . 1 ' g 1 t" (, ) .t ( )c ( ) n c l u t
c l i s c r - r r cl il ,r i t l tr c l L r . c n cr c( ) .( ) r . r ( ) . l l e r . i r r l r r

1 . 1 c t i r ' l e t t c t ' ut ltt c t i t t t ct l [ ' t r i i t l i. t t t l i t t ] caj l l l z r c t s .


crvirlerrcc.

c i o c L l n r e natns c lt l i r n g sc J c i . , r . ' c rJi r r i . i r r r . r

l5

tltecourseof discoVet'1'anci
trial pfcpafi'lliol'1.
notr.r,ithstancling
the ref'erence
to

l6

clocuuteltts
anc'lthinus in thcseresponsss.

laurs.cr idr,rr.c,.

t7

D e l ' e n d a nats s t l l l ' ) enso o b l i g a t i t - rt o


n t ' o l u n t a r i l l ' s t r p p l e m eonr ta n r e n ct lh c s cr . c s p r r r r s c s
r()

I8

rellcctttllilrlllitiott.ct'icletlce.
iltlclulcntsor rhirrgscliscoveiecl
fbllor'ing serviceol tlrcsc
l'cspollses'Nevel'thc'less.
tltcscresprlrtscs
arc giveu r.ritlioutprejucJice
tclsubseclLrctt
rr,\.i.Jio,
or
sLrpplementation'
inclurcling
objections.basedLrponan)i intbrnration.evidencea'd
ciocu'errari()'

t9
. l

20
2l

*hich lrercinafie.r
nra1,,
bc ciiscove
red

ll
I _.1

t1
25
JO

:7

l ) u l ' c n d a ni tn t c r p o s ersl r r :[ o l r o ui r r eg c r r c r a,lb j c c t i o r r s p l a i n t i l - l ro


s Spct'rirl
'l'lie.se
lrltcffosatol'ies.
ot:.iccrions
arc nradcto tlrc .Special
lnterrogat.rresi l t r l u ' t t c l i rl ri t Jt , ru i t u l )
ot'tl'tespcciticresponsern,hichare seribrth bclow.
l

D e l ' e n e l a r lot b ; c c t s t o P l i . r i n t i l l - sS p e c i a l l n t c - r r o g a t n r - i c - s
a . r u 6 0 l e . i r i r L li ( ) r , i r c l l

I t l t c ' tt' tl u ; - t t 0 t -ct " t - l t t l t t i t l ct cl tlc i c i n . r o t h c c r l c n t


t l t i t t r h c r r - c r l r r e si tn f o l r 1 . l a t i o nt h a t l s p r . ( ) t r , e t r l,ir(l) n l

")u
-D

-2DerENn,rxr's
ltcspoNsnt
to *

lt

il

lr

ll

[rvtJrc
a tto n .]e -\-client
pr i' ilegc.
r hear r o*c' \,\\r rpr
r kocluct
cr oclyranr
n* r ,,0r
ar r r,Ir r c r
J
j
r
{
tscl
o
strrc
j
I
:
a R p i i ca bplr.i
c r.,i Icg
e
o r.i n rn runir r ,.
tl
l'
DelbndanL.hJecis
to Plaintilfs Special
Inrerrogzrror.ies
asa rvh.re.and(ocacrr
ii
4
llltcrrogalto11'

c o n i a i n c c l t iht ccrreci ni t t tf't.r tl lh


I
r ee e
c r..rr t* e
, , .' rtir h
h,u, rtrr rh- .e. .vr. -c. q u e s itn f b r m a t i o r rt h
. cr,rrsclosLrre.r,
l]'ntcrrogatorl'cotliaitrccl
-i
* , o u l cci o ' s t i t u t ea l t L l l t \ \ i u . r . a , t c d
i n v a s i . no i . t h ea f l b c t c cpl e r s o n , s
c o l t s t i l I r r j o ' i isl .t a t u t t , r r
/irilrich
6 ;r'Li'rr co**on ra*' rightsto prcrsorar
pr.ir,;1g'
and c.'ficientiarit1..
fl
7
t'
D e f c n c l n t l 'ti t r t h e ' ' b - i c c tt so P l a i n t i f ) - s
p e c i a lI n r e r r o g a r o r - j e s . rsi,r r . r c . ; r . c r
r,r
ll
B leacttlnten'ogzltol'Y
colltelitlc(l
therei.,to the exterrrthat they.seek
privatc..'rii,iicgt,t1.,ircl
f
j li uc (t )l R
l l lt lt]tltrt:rl .ecricaili.. l l .
t ufliudeel trItlt;ilcal o
O
l li rnt :l r r tr.ti,i ir,li,.r.lrr r' ;Ji,,,it.p
r,r,r .r n
) pr l..\i,cr t-i:u. \,[r r{^L. ..r.:s. i.n e s s

lnli)n-]tatiol.)

t(l
l l
ll
l-l
tl

t-;
t6
t7
lii
l9

l()
2l
tl

:+

f ) c t ! r r c i a rtrltL r . i c cttos I ' l l i r t t i t ' l ' sS p c c i u l


. t c l f o q a t o r - i ci si s a * . 5 t ' , r .r,r. i r ,I,rrre a e
rr
ItttctrogaL'11'corrtainecl
tjie'reitt'
to the extrnt tharthe;,areoverbroaci
as to time arriiscope.irn.l,,or
unciulyburclensome
ancloppressive.

'i'

D e f ' e n d ao' tb . i e c ti so P l a i r r t i l ' lS- sp e c i a l


1 r ) r e r r o u a t oar iscasr v h t r l c . ; r rrr(i)e i t c r )

I t t t c t ' r c l g a t oc t. 'trt t l t i n e dt l i c r c i r t .
t c lt h ee . r t e r rt rh a tt h c ' a r e i r . f s - l e v a n t
a n c li ' r n i a t e r i l rrl r lt l r c
pettcltng
actionattclatrel10tfeasOnabl,v
calcLrlatccl
tQ leaclto the cliscoVery
oJ'aclnrissible
cViclencc.
Del!'clarttI!rtlier ob-iecrs
t. l)lai'tit| s Speciatlnferrogator.ies
as a rvSore.ancJto c,crr
lrltcrrogator-r'c0ntained
thcreitt.ro the extentthatthev are \..zrgue
anclanrbigu.rrs.rrrrci.,.r
t t n i r r t c l l i g i b lien. t h c c ( ) r , r t co\ tt ' r h i s
n.ratrcr.
b.

D e l ' c n d a ror tbj e et s t o l , l a i n r i t ls- Specill

lnterrclglrl.ories
as a rvholc.iirrclto c.rclr

Ir)[ei'fogatofy
contairiecl
rhcreru.to the exienttltattlic,r,secl<
infbrniationthat is nol ri j111,,,
,,.,.
possession.
custody,or controlol' Del,endanr

7'

D c l ' c ' d i i ror tb i c e t tso P l a i n t r f l 'Ss p c c i a l


lnrerrogat.r'a
i essa * 5 r r l e . , r ( rr ( ,e . l . l r
:.'j
I I l t e | . r ' o g a t ( ) r ' r ' c , . rtnhteari cn icnrd.o t h e
e x r e ntrh a tt h c . r , . r , i o lrahtce( l o c l ec t fC , i v i l
I)r.oggi{111g I
l + s c c t l o 1l l 0 i 0 0 6 0 ( d )i ' t h a t t l t ei t t l e r r o g a t o r i e s
a r en o t r i r l l a n ccro r n p l e ri e' a n col l ' r 5 c ' s c , r r . c s .
:-i
'3'
D e l e n d a notb j e c t tso P l a i n t i l ' lc' sl e f i n i r i o n
o t ' ' ' D E F L : N D A N T - " . . . . y. .o.1. \ . o t R ." l
1A
"\'oLJlls.''.r"'RESPoNDIN(l
P A I t r Y " o n t l t eg r o u n dtsh a ri t i s . v e r b r o a c r
i n r i r r ri r r r r c r L r c r c s
2 7 c ' t l t i t i cost h e rt h a r vt H P r o p c r t ' c o r p . . t h c
e n t i t t ' t o* ' h i c hp i a i n t i f i ' p r o p o L r nrchrccsd. , s p e u r , r i
i
'l'o
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theextentrhatvl-{ Prope.tv
corp. rcsponcJs
to an interrogar.r.r.
irrlocsst.l I
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c LASS\'1raN,.r[]riI{s
cr,ri'grheI{H-[\,.ANr T'r\iF]P [ } l I O D

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8
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Delendantobjcrcts
to this recluest
on the gror.rncls
thertas cieflneci
by.plarrrtif't'a'cl
rrrtlrc
colltr;''\t
of this ltecltrcst.
tltc tct'tti"cl.Ass I\it-".\{BI:RS"is vague,anrbiguous.
arcl r)\,efbfoaer
urcj
thercbrtrertclers
this ReqLrest
trrrintelligible.Defendanrrr.rrther
ob.jectson the grourcist6arit rs
\ agueand arnbigtlotlsi.lsto tlte terrns"6epariment"
arrrl..subclivisio'.,,
sLrb-ier:t
tclancltl'itltoutwaiving its objections.Det'enclant
responcls
that ir rccords5'urrr-

13

I n a i de m P l o - t e(eesx c l u c l i neur t t p l o t ' ercvsh or . r o r k eicnln o n - c l u br .r e l a r epcol s i r i . . : .s u c h . r s


I
ll
rclated
I o c o l l s t l ' L l c Loi lo' lttto i r t r .isr s)r v o r k i n iuu r l n ec l l ' t l r e
l i l l l o * , i r rcgl c p . r t l r c r ) 1t s. .: , r , . 1
lp()sltiol"ts
15
j c t | i c l ' c . r a ul lc' o r ror f ' r h eh o u s eK: r r c h e n . . A c l r l i n i s t r aCr jicoilrtrO
l; u t s j d e
S e n , i c c sl 3: u n c l r r t , r s :
l 6 { ut'tseN'lititttetratlce,/
(it'ecttskccpcrs:
l-labirlt,'l,anclscaping:
I
Dcli; c'lLrblrousc,rrri.rcu,rruc:

t 7 S e c u r i t i 'a: n d S a l e s .
t 8 siPI.:CI A L"Il!1' EttIlO GA.T0Ry NO. 205:
lc)

t ' c t t ' c i t cchl c p a r t l t i e totrt s u b d i v i s i o u


i c l c n t i f r ejcnl y o L J R r e s p o n s e
to

l0

Illtcn'ogatol)'statcthe tolili nLrrrrberot


CILASSlvlEl\,lllERSthat

:r

dcpartmc.ror subdi'isio' tJuri.gthe ItELIIvANT


l-lNlE pirRIoD.

t h c ' r . er r , , s

\.OLi ernployeci
in rhar

22
:l

Def'endant
ob.jc'cts
to this reqircslon the grounclstJratas deflrreclbl,plaiprill'arti

i' the

r*l C t r 1 1 1t' l"l5t1h i s f ( c q r r c s t 'l i c t e r n l" c l . . { s s N ' l 8 \ 4 B I i R S 'i's v a g u e .a n r b r c L r o ui lsr.r rrl ) \ ! , r i r . o aitrlr r r l
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ttlcl'e
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tltis Recltrcst
Lttlitt{.clligitrlc.
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rlrrrtit is
ritgLtcarrdantbiguottslis tcithc ternls"deparlmert"
ancl"s,bclivisiorr.'.

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s t t h j e c t o a t l c rl i ' i t l t o r -rrrru i v ' i n gi t s o b i e c r i o n s .


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ttttttttrct'
ol'lt0ttrlr-paiclcttipltl.r'ees
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identitls.dr n I { c s p o n s c
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No lt).l sinceDeccrrrb,..r
l. 1004 arc:

I.'ood& Beveragefi.onroj.tlie hor:se:


2l_5

Kirchen: 107

r \ d r n i r r i s t l a t i o jn :
( i r r l :l l 9

OutsiclcSen,ices:I i _i

Bancluets:
58

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actron'allclam allthofized
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lam inlbrnreciancl
irerlie'e
antJon thatgrourrcl
alle.gc
tlnt thcr-,ratrcr\
statecj
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I d e c r l a rucn d e t ' p e r r a l ot ll ' p e r j u r l ' u n c l ct h
' rc l a \ \ , sr - r l ' r hS
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PITOOF'OF
SF]IT\lICE
S l ' A - f [ O F C A I - I F O R N I i \C. ' O i J Nyt O F l . O SA N C E I - E S
I a t t ta t ' e s i d c t t it l ' t h c . \ i t i r toc l ' C ' a l i t i r . r n ioar.c l t h c
i r i t l l i t ta u I i ( ) 1 1N.4 r ' b u s i r t c st ts, . j c l r cissso n c ( ' ) c e a r- rl ' r ' a i l s a g e o f ' l , ! v e a r s .a p c lr r r r ar l l i l l ' t \ I ( ) t h r ' i
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as DEIF'Eh*DANT
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fO p u,rt N.rI FF,s s p,GC
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INTIRROGATORIRS,
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p l a c i n gt h c { t ' t t c o p i e st h e r c o f ' e t t c l o si nc sc cl a l e celn v e r r i p e s .


a c l c l r c s si rcstsl l i l r c d . , r h u
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Esq.
Orshansky& YcrcmianLLp
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l x x l A s l b l l O u ' s :I a r t t" r e a c i i l tra n r i l i a rr"v i r h l r u r r : pN a r i o n a(li o l l ' ( ' l r r l r

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is tt'uc'anciaccurirte.

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Pltt,loFot SL-:lt.t'tr
I

Exhibit

I
")

3
4
5
6
7

GLENN L. BRIGGS(SBN T74497\


HODEL BRIGGSWINTER LLP
8105IrvineCenterDrive
S u i t e1 4 0 0
Irvine,CA 92618
T; 949.450.8040
F: 949,450.8033
JrLL A. MARTIN (SBN 245626)
g/oTlump NationalGolf CIub Los Angeles
OneOceanTrailsDnve
RanchoPalosVerdes,CA 9027s
T: (310) 303.322s

F :( 3 1 02)6 s . s s 2 2

8
9

Attorneysfor Defendant
VH PROPERTYCORP.,dba TRIIMP NATIONAI,
GOLFCLUB

10

SUPERIOR
COURTOFTHE$TATAOF CALiFORNIA

1t

COI.INTYOF LOSANGELES

1 1
I L

13

DAVES.PERRYon behalfof himself


and
otherssimilarlysituated,
T4
Plaintiff.
t5
16

VH PROPER.TY
CORP,,a Delaware
doingbusiness
asTRUMp
1 l corporation
NATIONALGOLFCLUB,andDOESI to
l 8 5 0 ,i n cl u si ve ,
Defendants.
19
IU

CdseNo. BC403087
(Qriginally
assignecl
caseNo. 8Ca()8999
prior
toiconsolidation)
ASSIGNED
TO HON.MARI(V MOONEY,
DEPT,68
DEF'ENDANI"
VH PROPIIIT]'I'Y
CORP.'S
RIiSPONSIiS
]'O IPI-AII{TII|F'S
II]IOUEST
FORADM ISSIONS,
SETO\I.:
TdialDate:NoneSer
Cdmplaint
Filed: M.arch
5,2009

2l
22 PROPOLINDING
PARTY:
aa
L)

RESPONDING
PARTY:

Plaintiff,DAVE S. PERRY
Defendant,
VH PROPERTIa
CORP,,dbaTRUMp

24

NATIONAL|GOLFCLUB

25 SETNUMBER:

ONE

26

Pursuant
to code of Civil Procedure
Section2033.210,
et seq.,Defendant
vH pr,perLy

27 Corpr'("Defendant"),herebyresponds,for itselfaldneandno otherentity, plaintiff


to
Dave
2 8 Penl'5("Plaintiff')Request
for Admissions,
Setene propoundecl
asfollows:

VH Fnopsnrvco

FoRADMGs6NS,
SEroNr

I
2
I

PRELIMINARYSTATEUINiI
Theseresponses
aremadesolelyfor the purposesof this actionand
on beharfof

Defendantalone
andno otherentityorperson.Eachresponse
is

competence,
relevance,materiality,propriety,and admissibility,
ancjall otherobjectionsand

groundswhichwould requiretheexclusion
of any statements
containedherein,if such
statements
weremadeby a witnesspresentandtestifyingin court,all
of which areexpressly
reservedandmay be interposedat thetime of trial.

7
8
9
l0

The informationcontainedin eachresponseis basedonly

subjectto all objections


asto

upon the informationcurrently

availableto Defendant.Defendant'sinvestigationand
discoveryin preparationfor trial is
continuingand will continuethroughoutthis action. Additional
investigationmaydisclose

I 1 furtherinformationrelevantto theseresponses,
includinginformation

obtainedby Defendant

1 2 from Plaintiff or third parties. Defendant'sresponses


to theserequests

aremadewithout

t 3 prejudiceto its right to introduceany andall documents


and otherevidence

of any kind in this

t 4 action' Defendantrespondsto theserequestsas it understands


them andreservestheright to
1 5 providedifferentresponses
if Plaintiff laterprovidesa

differentinterpretation.Defbndantis nor

1 6 makingany incidentalor irnpliedadmissions,The fact


that Defendanr

hasansweredpartor all

1 7 of any requestis not intendedandshallnot be construerj


to

be a waiver by Defendantof all or

t 8 anypart ofany objectionto any request.


t9

Discoveryin this matteris ongoing. Defendantfully reserves


its right

to alter,amend,

2 0 supplement
or otherwiserevisetheseresponses
if, fbr any reason,

sui:hrevisionsor supplements

11
L !

becomeappropriateor warranted.

11
LL

GENERALOB.IICTIONS

z-t

24
25

26

The followinggeneralobjections
applyto eachRequest
for Admissions.
T'heassertion
of
thesame,similar,or additionalobjections
to an individualrequest
doesnot wajveanyof
Defendant'sgeneralobjectionssetforth beiow,

l'

Defendant
objectsto theRequest
for Admissions
generally,
andto eachRequest

/.t

for Admission
specifically,
to theextenttheyarein contravention
of and/orexpanduponthe
2 8 requirements
of theCalifomiaCodeof Civil Procedure
or otherapplicable
rulesor raw.

VHPnopenrycoRp.'t

FoR-ffi

I
2
3
4
5
6
7

2'

Defendant
objectsto theRequest
for Admissions
generally,
andto eachRequesr
forAdmission
specifically,
to theextenttheyseekinformation
protected
by thealorney-clienr
privilege,theattomey-work-product
doctrine,ancl/orotherapplicableprivileges.
3'

Defendantobjectsto the Requestfor Admissionsgenerally,


and to eachRequest
for Admissionspecifically,to the extentthey seekconfidential,
tradesecret,proprietary,
financial,or commerciallysensitiveinformation,thedisclosure
of which wor-rld
constltute
an
invasionof the constitutionally-protected
rightof privacyor couldresultin substantial

competitiveinjury to Defendantor breachby Defendantof an


obligationto

suchinformationas confidential,

10

4'

anotherto mainrain

Defendantobjectsto the Requestfor Admissionsgenerally,and to each


Requesi

1l

for Admissionspecifically,to the extentthat they call for information


that is neitherrelevantnor

t a
r L

reasonably
calculatedto leadto the discoveryof admissibleevidence,

13

5'

Defendantobjectsto the Requestfor Admissionsgerrerally,and to each


Request

T 4 for Admissionspecifically,to the extentthat


they arevague,ambiguous,

overbroad,and/or

t 5 undulyburdensome,
16

Subjectto the foregoingGeneralObjections,which areincorporated


into eachspecific

t 7 response
bel.w,Defendant
responds,
for itselfalone,asfollows:
l8

snN$

t 9 RBOVBST
No. l;.
[Qg ADMISSION
20
2l
22

AdmitthatfromMarch5, 2005to March5,2009CLASSMEMBERSdid


notclockour
for any meal periods.
I'CLASS MEMBER" meansall personswho are or havebeenemployedasnonexempt

2 3 hourlyemployeesby yOU in the Stateof Caljfomia.

"DEFENDANT,"
"You," "yol.rR,""youRs," or,,RESpo
NDINGpARTy.,,
refers
to
2 5 Delendant
VI-{PROPERTY
CORP,l
)4

26 Rn.qBqNSE
FORADrlrrSSreN
Lo_Rtie_UEST
No. t:
27
Defendant
objects
to thisrequest
onthegrouncis
thatCLA.SS
MEMBER.S
asdefined
is
28 vague'
ambiguous,
andoverbroad.
Defendant
further
objects
onthegrounds
thatthepluase
v H rRopERry CoRp,,sRESpoNSes
ro plar\ilFF,s

RequEsr
noRApvrssroNS.
SerONe

"mealperiods"is vagueandambiguous
andcalrsfbr a legarconclusion,

Defendant
alsoobjects

2 onthegroundsthata response
to thisrequest
wourbrequireDefendant

to revieweverytimecard

Ioreverynon-exempt
employee
fromMarch5,2005to

undulyburdensome,
especially
in lightof thefactfrat Defendant
haspreviously
produced
time

March5,2009,making
thisrequesr

recordsfor its non-exemptemployees.


subjectto and without waiving its objectio{rs,
Defendantadmitsonly

that rwo or more

CLASSMEMBERSdid not clockout andin for a inealperiod


on an unspecified
numberof days

duringthe four yearperiodidentified.

RilOUEgjLj[oR ADMISSIeN No. z:

l0
lI

i
AdmitthatfromMarch5,2a05to Marchsi zooqYoU hada policyor pracrice
of nor

requiring
CLASSMEMBERSto clockoutfor me{lperiods,

1 1

13

Defendant
objectsto thisrequest
on thegrolunds
thatCLASSMEMBERSasdefinedis

1 4 vague,ambiguous,and overbroad.Defendantfurt$erobjectson the grounds


that thephrase
I 5 "mealperiods"is vagueandambiguousandcallsfpr a legalconclusion.Defendant

alsoobjects

l 6 to this requeston the groundsthat it is compound.


T1

Subjectto and without waiving its objectiofts,Defendantadmitsthat from March


5, 2005

1 8 to March5,2009,it hada practiceof not requiringjnon-exempt


employees
to

clockout for

t 9 breaks.
2 0 REO.TJEST
rroRApMISSTON
NO.3:
)1

AdmitthatfromMarch5, 2005to March512009CLASSMEMBERSin youR outside


22 Services/Valet
Department
did notclockoutfor an[,mealperiods.
aa
LJ

l4

jf O REQUESTFOR ADMTSSIONINO,._=3:
RESPONSE
Defendant
objectsto thisrequest
on thegro;.rnds
thatCLASSMEMBERSasdefinedis

25 vague,ambiguous,
andoverbroad.
Defendant
furtlierobjectson thegroundsthat

thephrase

26 "mealperiods"is vagueandambiguous
andcallsfor a legalconclusion,

Defendanr
alsoobjects

2 7 onthegrouncls
thata response
to thisrequest
wouldrequireDefendant
to revieweverytimecard
28 for everyoutsideServices/Valet
Deparrment
emplbyee
fromMarch5,2005to March

S.Z00g.

V h I T R O P E R T YC O R P . ' SR E S P O N S ETSO P L A I N T I F F ' S

RequesrFoRADMrssroNS,
SerONr

makingthis requestunduiyburdensome,
especialiyin light of the fact

a
L

previouslypr:oduced
time recordsfor its non-exemptemployees.

3
A

Subjectto and without waivingits objectiod.rs,


Defendantadm.itsonly thartwo or more
clAss MEMBERS in its outside Services/valet Depafiment
did

not clock our andin for a

mealperiodon an unspecifiednumberof daysdurifrgthe four year

that Defendanthas

period identified.

Admit that from March5,2a05to March 5t2009clAss MEMBERS youR


in
Kitchen
Departmentdid not clock out for any mealperiods.i

RESPONSB-

t0

Defendantobjectsto this requeston the grof.mds


that GLASS MEMBERS asdefinedis

1 1 vague,ambiguous,and overbroad.Defendantfurtderobjectson the groundsthatthephrase


l a

rZ

"meal periods"is vagueandambiguousandcallsf6r a legalconclusi.on.


Defendantalsoobjects

l a
I J

on the groundsthat a responseto this requestwould requireDefendantto review

T 4 for everynon-exemptKitchenDepartmentemploydefrom March


5,2005

everytime card

to March 5,2009,

l5

makingthis requestundulyburdensome,
especialllin light of the fact that Defendanthas

i6

previouslyproducedtime recordsfor its non-exemlrt


employees.

T7

Subjectto and without waiving its objectioris,Defendantadmitsonly thattwo


or more

t 8 CLASS MEMBERS in its KitchenDepartmentdidlnotclock out and in for a mealperiocion


an
1 9 unspecified
numberof daysduringthefouryearp*iod identified.
20 REOUESTFOR ADMISSIONNO.s:
2l

Admit that from March5, 2005to March5,r2009CLASS MEMBERS in yOIJR Food&

2 2 BeverageFront of the HouseDepartmentdid not cllockout for any meal periods.


aa
L)

24

B$sPoNSq
Defendant
objectsto thisrequest
onthegrounds
thatCLASSMEMBERSasdefinedis

2 5 vague,ambiguous,
andoverbroad,
Defendant
furtherobjectson thegroundsthatthephrase
2 6 "mealperiods"is vagueandambiguous
andcallsfor a legalconclusion.Defendant
alsoobjects
2 7 onthegrounds
thata response
to thisrequest
wouldrequireDefendant
to revieweverytimecard
2 8 Ioreverynon-exempt
Food& Beverage
Frontof theHouseDepartment
employee
fromMarch5, i
Y11P*

s
isslbNs,
SEroNE

I
I
I

I
2
3

2005to March5,2A09,makingthisrequest
unduliburdensome,
especially
in lightof thefact
thatDefendant
haspreviously
produced
timerecorbsfor its non-exempt
employees
Subjectto andwithoutwaivingits objections,
Defendanr
admitsonlythattwoor more

CLASS MEIVIBERSin its Food& BeverageDepaftmentdid not clock out and


in fbr a meal

periodon an unspecifiednumberof daysduringthOfour yearperiod identified.


REQUEST FOR ADMISSION NO. 6:

Admit that from March5, 2005to March5)2009CLASS MEMBERS in yOUR Deli

Departmentriid not clock out for anymealperiods.

RISPONSE.'I'OREQUUST{q4 ADMTSSTON
NO. 6:

10

Defendantobjectsto this requeston the grolrndsthat CLASS MEMBERS asdefinedis

t l
l 1

vague,ambiguous,and overbroad.Defendantfurtlierobjectson the groundsthat thephrase

t/.

"mealperiods"is vagueandambiguous
andcallsfbr a legalconclusion.Defendant
alsoobjects
on thegroundsthat a responseto this requestwould requireDefendantto review everytime card

t 4 for everynon-exemptDeli Department


employeefiom March5, 2005to MarchS,2009,making
l 5 this requestunduly burdensome,
especiallyin lightrofthe fact that Defendanrhaspreviously
1 6 producedtime recordsfor its non-exemptemployees.
t'l

Subjectto and without waiving its objections,Defendantadmitsonly that rwo or more

1 8 CLASSMEMBERS in its Deli Deparffnentdid not clock out and in for a meai periodon an
1 9 unspecifiednumberof daysduringthefour yearpehiodidentified.
2 0 BEOUESLFOR ADMISSION.NO.7:
21

AdmitthatfromMarch5,2005ro March5,;2009
CLASSMEMBERSin yOURSales

2 2 Department
did not ciockout for anymealperiods.
2 3 RtrS,p
Ol,{$E3 O REOUESI .rOR,Ap}4r-fi
NO.7:
SLO,J
24

Defendant
objectsto thisrequest
onthegrounds
thatCLASSMEMBERSasdefinedis

2 5 vague,
ambiguous,
atidoverbroad.
Defendant
furtherobjectson thegroundsthatthepfrase
to

"mealperi0ds"is vagueandambiguous
andcallsfor a legalcgnclusign,Defendanl
alsoobjects

2 7 onthegrounds
thata response
to thisrequest
wouldrequireDefendant
to revieweveryrimecard
2 8 foreverynon-exempt
Sales
employee
fiom March5,2005to March5,2A09,makingthisrequest
VH Pnopenry
CoRp.'s
Responses
ro PLAINTTFr's
R_equEsr
FoRAorvtrssroNs,
SErONe

I
2
3

undulyburdensome,
especiallyin light of the fact that Defendanthaspreviously
pr.oduced
time
recordsfor its non-exemptemployees.

Subjectto and without waivingits objections,Defendantadmits


only that rwo or more
CLASS MEMBERS in its SalesDepartmentdid not clock
out and in for a mealperiodon an
unspecifiednumberof daysduringthe four yearperiodidentified,

RE-QUESTF'ORADMISSION NO. 8:

1
6

Admit thatfrom March5,200s to March5,2009 CLASS MEMBERS


Departmentdid not clock out for any mealperiods.

I
i0

in youR Golf'

ION NO. 8:
Deferrdantobjectsto this requeston the groundsthat CLASS MEMBERS
asdefinedis

1 1 vague'ambiguous,and overbroad.Defendantfi.irtXrer
objectson the grounds

thatthe phrase

1 2 "mealperiods"is vagueandambiguousandcallsfor a legalconclusion.Defendant


also

objects

1 3 on the groundsthat a responseto this requestwould requireDefendantto review


every

time card

t 4 for everynon-exemptGoif Department


employeefrom March5,2005 to March

5,2009,making

l 5 this requestunduly burdensome,


especiallyin light of the fact that Defendanthaspreviouslv
l 6 producedtim.erecordsfor its non-exemptemployees.
1l

Subjectto and without waivingits objections,Defendantadmitsonly thatrwo


or more

l 8 CLASSMEMBERSin its Golf Department


did not clockout and in for a mealperiod

on an

r9

unspecifiednumberof daysduringthe four yearperiodidentified,

20

RE9IESTr[QRApMrssroN
No.e:

2I

AdmitthatfromMarch5, 2005to March5,2009CLASSMEMBERSin yOURSecurity

22 Department
did not clockoutfor anymealperiods.
z)

RESPONSE
TO BEOUESTrOR ApMrSqroNLNQJ*

24

Defendant
objectsto thisrequest
on thegroundsthatCLASSMEMBERSasdefinedis
2 5 vague'ambiguous,
andoverbroad.
Defendant
furtherobjectson thegroundsthalthephrase
2 6 "mealperiods"is vagueandambiguous
andcallsfor a legalconclusion.Defendant
alsoobjects
2 1 onthegrounds
thata response
to thisrequest
woulilrequireDefendant
to revieweverytimecarcl
2 8 for everynon-exempt
SecurilyDepartment
employee
fromMarch5, 2005to March5. 2009.

vit pRo

oNE
.-sEr

I
2
3
4
5

makingthisrequestundulyburdensome,
especially
in lightof thefactthatDefencianr
has
previously
produced
timerecordsfor its non-exempt
ernployees,
subjectto andwithoutwaivingits objections,
Defendant
admitsonly thattwo or more
CLASSMEMBERSin its securityDepartment
did notclockout andin for a mealperiod

on an

unspecified
numberof daysduringthefouryearperiodidentified.

7
8

Admit that from March5,2005to March5,20agCLASS

MEMBERSin yoUR

BanquetsDepartmentdid not clock out for any meblperiods.

10

Defendantobjectsto this requeston the groundsthat CLASS MEMBERS


asdefinedis

t 1 vague,ambipJuous'
and overbroad,Defendantfurttuerobjectson the grounds

that thephrase

1 2 "mealperiods"is vagueandambiguousand callsfor a legalconclusion.

Defendanralsoobjects

l 3 on the groundsthat a responseto this requestwould requireDefendant


to review
1 4 for everynon-exemptBanquetsDepartmentemployeefrom
March 5, 2005
L J

everytime card

to March5,2009,

makingthis requestunduly burdensome,


especiallyin light of the fact that Defendanthas

1 6 previouslyproducedtime recordsfor its non-exemptemployees.


t1

Subjectto and without waivingits objections,Defendantadmitsonly


tharrwo

l8

CLASS MEI\4BERSin its BanquetsDepartmentdirdnot clock out and in

l9

unspecifiednumberof daysduring the four yearperiod identified.

or more

for a mealperiodon an

20
2I

AdmitthatfromMarch5,2005to March5,2009CLASSMEMBERS
in yotJRCourse

2 2 Maintenance/Greenskeepers
Department
did notclockout for anymealperiods,
a1
L)
)A

N,NO.11:
Defendant
objectsto thisrequest
on thegrounds
thatCLASSMEMBERSasdefinedis

2 5 vague,ambiguous,
andoverbroad.
Defendant
furtherobjectson thegrounds

thatthephrase

2 6 "mealperiods"is vagueandambiguous
andcallsfor a legalconclusion.
Defendant
also

objects

27 0nthegroundsthata response
to thisrequestwouidrequireDefendantto revieweverytimecard
78 for everynon-exemptCourseMaintenancei
Greenskeepers
DeparLment
employeelrorn

March5,

VHPRopE[i?eoRp.\
pL
RESFoNsES.fo

i RrQuesrFoRADMrsstoNS.
SerONe

2005to March5'2a09,makingthisrequest
undulyburdensome,
especially
in lightof thefact
2 thatDefendant
haspreviously
produced
timerecoldsfor its non-exempt
emproyees.
3
subjectto andwithoutwaivingits objections,
Defendant
admitsonlythatrwoor more
4
5

CLASS MEMBERII in its courseMaintenance/


Greenskeepers
Departmentdid not crockout
andin for a meal periodon an unspecified
numberof daysduring the four yearperiodidenrified

6
7

Admit that from March5, 2005to March5, 2005CLASS

HouseMaintenanceDepartmentdid not crockout for


any mearperiods.

10

MEMBERS in yoUR club

ADMISSION NO, 1.2:


Defendantotrjectsto this requeston the groundsthat
cLASS MEMBERS asdefinedis

vague'ambiguous,and overbroad. Defendant


further objectson the groundsthat the phrase
1 Z "meal periods"is vagueand ambiguous
andcallsfor a legalconclusion.Defendantalsoobjects
l 1
I J
on the groundsthat a responseto this requestwould
requireDefendantto revieweverytime card
1 4 for every rlofl-oxerlpt ClubhouseMaintenance
Departmentemployeefrom March 5, 2005to
i 5 March5, 2009,making this requestunduly
burdensome,
especiallyin light of the fact rhat
l 6 Defendanthasprevi.usry producedtime records
for its non-exemptemployees.
t7
Subjectto and withoutwaivingits objections,
Defendantadmitsonly thattwo or more
l 8 CLASSMEMBERSin its clubhouse
Maintenance

Department
did notclockoutandin fbra

r 9 mealperiodon anunspecified
numberof daysduringthefouryearperiod

identified.

20
) l

AdmitrhatfromMarch5,2005toMarch5,2009clAss MEMBERS yoUR


in

22 HabitavlandscapingDepartmentdid not crock


out for any

mearperiods.

^ 1

.\A

/.)

Defendant
obiectsto thisrequest
on thegrounds
thatGLASSN4EMBERS
asdefinedis
vague,ambiguous,
andoverbroad.
Defendant
furtherobjectson thegroundsthatthephrase

2 6 "mealperiods"is vagueandambiguous
andcallsflora legalconclusion.Defendant
alsoobjects
2 7 onthegroundsthata response
to thisrequest
wouldrequireDefendant
to revieweverytimecard
2 8 Ior everynon-exemptHabitat/Landscaping
r Y - l

vH PRoPliRi

, r t

Departmentemployeefrom March 5,2005 to March


i

s.srr or,re I
i

1 5,2009,makingthis requestundulyburdensome,
especiallyin light

of the facttharDei'endant

2 haspreviouslyproducedtime recordsfor its non-exemptemproyees.


a
J

Subjectto and without waivingits objections,Defendantadmitsonly


that

.+

CLASS MEMBERS in its HabitaVLandscaping


Departmentdid not clock

periodon an unspecifiednumberof daysduringthe four yearperiod


identified.

rwo or more

our and in for a meal

REOUESLW
7

Admit from March5, 2005ro March5,2009CLASSMEMBERS in yoLJR

constructionDepartmentdid not clockout for any meal periods,

RE$PONSF|T-Q
REQUEST
FoR ApnflSsre\.,No.lj:

l0

Defendantobjectsto this requeston the groundsthat CLASS MEMBERS asdefined


is

l 1 vague'ambiguous,and overbroad.Defendantfurtherobjectson the groundsthat thephrase


IL

"mealperiods"is vagueandambiguous
andcallsfor a legalconclusion.Defenclant
alsoobjects

t 3 on thegroundsthata response
to thisrequestwouldrequireDefendantto revieweverytimecard
l4

for everynon-exemptConstructionDepartmenternployeefrom March 5, 2005 to March


5, 2009,

t 5 makingthis requestundulyburdensome,
especiallyin light of the fact that Defenclant
has
l 6 previouslypr:oduced
time recordsfor its non-exemptemployees.
17

Subjectto and without waivingits objections,Defendantadmitsonly thattwoor more

1 8 CLASS MEMBERS in its constmctionDepartmenrdid not clock out andin for a mealperiodon
1 9 an unspecifiednumberof daysduringthe four yearperiodidentified.
20 RFOUEST
NO.ls;
E'ORApMTSSTON
21

AdmitthatfromMarch5, 2005to March5,2009CLASSMEMBERSin yoUR

22 AdministrationDepartmentdid not clock out for any mealperiods.


23
24

N NO, l5";.
Defendantobjectsto this requeston the groundsthat CLASS MEMBERS asdefinedis

2 5 vague,ambiguous,and overbroad.Defendantfurtherobjectson the groundsthat thephrase


/o

"mealperiods"is vagueand ambiguousandcallsfor a legalconclusion.


Defendantalsoobjects

2 7 0nthegrounris
thata response
to thisrequest
wouldrequireDefendant
to revieweverytimecard
2 8 foreverynon-exempt
Administration
Deparlment
employee
ftomMarch5,2005to March5,
t n
IU

VHPnopenry
CoRp.'s
Responses
ro plenwFF,a
REouEST
FoRADMISSIoNS,
SeTONe

2009,makingthisrequest
undulyburdensome,
especially
in light

previously
produced
timerecordsfor its non-exempt
employees,

subjectto andwithoutwaivingits objections,


Defendant
admitsonlythalwo or more
clAss MEMBERSin its Administration
Department
did notclockoutandin for a mealperiod
on anunspecified
numberof daysduringthefouryearperiodidentified.

4
5

of thefactthatDef-endant
has

6
l
8

Admit that from March5, 2005to March5,2009 yoU required


cLASS MEMBERSto
getpermissionfrom authorizedsupervisors
beforetaking mealperiods.

o
t0
1l

N NO. 16:
Defendantobjectsto this requeston the groundsthat GLASS MEMBERS
asdefinedis
vague,ambiguous,and overbroad.Defendantfurtherobjects
on the groundsthat thephrase

1 2 'omealperiods"is vagueand ambiguousandcallsfor a legal


conclusion.Defendantalsoobjects

t 3 on the groundsthat due to the overbroaddefinitionof cLASS MEMBERS,


it is impossibleto
l 4 respondto this requestbecauseeachsupervisorfor eachdepartment

was responsible
for deciding

1 5 whetherto requireCLASS MEMBERS to obtainauthorization


before

takinga mealperiod.

l6

Defendantfurther objectson the groundthat this interrogatoryis vague


and

ambiguousin its

t 7 entirety.
l8

Subjectto and without waivingits objections,to the extentthis request


is seekingan

1 9 admissionthat Defendanthad a policy of requiringall non-exemptemployees


durring

rhefour

2 0 yearperiodidentifiedto obtainpermissionbeforetaking a mealperiod:


Deny.
2t
22
.,)
z)
1A

25
26

Admitthatfrom March5, 2005to March5,2009YOU requiredCLASSMEMBERS


to
getpermission
fromauthorized
supervisors
to leavethepremises
of TrumpNationaiGolfClub
duringtheirmealperiods.

RpsLor{sE
Defendantobjectsto this requeston the groundsthat CLASS MEMBERS
asdefinedis

2 7 vague'ambiguous,and overbroad.Defendantfurtherobjects
on the grounds

that thephrase

2 8 "mealperiods"is vagueand ambiguousandcallsfor a


legalconclusion.Defendant

further

VHPnopnnry
Co

ll

. SEroNE

objects0n thegroundsthat"Trump
NationalGolf

2 Defendant
alsoobjectson thegrounds
thatdueto

club" is vague,ambiguous,
andoverbroad.

theoverbroad
de:finition
of ct.ASS

3 MEMBERS'it is impossible
to respond
to thisrequest
because
each
4

supervisor
for each
depar-tment
wasresponsible
for decidingwhetherto requirecLASs MEMBERS
r0 obtain

authorizationbeforeleavingthe premisesof
Trump NationalGolf club

alsoobjectson the groundsthat this request


is vagueand

Los Angeles.Defendant

ambiguousin its entirety,

Subjectto and without waivingits objections,to


the extentthis requestseeksan
8 admissionthat during the four yearperiodidentified,
Defendanthacla policy of requiringall
o non-exemptemployees
to get permissionbeforeleavingthe premises
of Defendantfbr a meal
1 0 period:Deny.

n
12

DATED:Julyl!, 2012

13
14

By

t5 r

Attorney for Defendant


VH PROPERTYCORP.

l6
T7
l8
T9
20
21
22
a)

24
25
26
2l
28
;-=-:-=--%

VHPnopanrt
Co*t

Il

i
2

VEBITICATION
STATE OF CAIIFORNIA

COLINTY OF LOS ANGELES

A
.+

) s s

I, Lili Amini, declareas follows:

I havereadDEFENDANT vH pRopERTy coRp.'s RBspoNsES.I'o

7
8
U

PLAINTIFF'S REQUEST FOR ADMISSIONS,SET ONE.


I am the GeneralManagerof Trump NationalGolf Club Los Angeles,a partyto

this

action,and am authorizedto makethis verificationfor and on its behalf,


and i makethis

1 0 verificationfor that reason.I am informedandbelieveandon that groundallegethatthe matlefs


I]

t2

statedin the foregoingdocumentaretrue.


I declareunderpenaltyof perjuryunderthe laws of the Stateof Californiathatthe

l 3 foregoingis true andcorrect.


T4

Executedon July

\?-_. 2012,atRanchopal

l5
l6
l7
18
lo

20
2l
22
23
24
25
76
27
28
VEzuFICATION
FORVH PROPERTY
CORP.

PROOFOF'SERVICE

STATEOF CALIFORNIA,COTINTYOF LOSANGELES

I am a residentof the Stateof California,overthe aseof lE years,


and not a party to the
withinaction,My business
address
is one oceant*ilr bri?., Rangho Palos Verdes,'C A' 90275.

4
5
6
7

on Jutrv13.

the interestedparties in this action:

HI] .uvplacingthe true copiesthereofenclosedin sealedenvelopes,addressed


as statedon the
tbllowingmailinglist:

JS.y W. Cowan,Esq.
TheCowanLaw Firm
1541OceanAvenue,Suite200
SantaMonica,CA 90401

t0

AnthonyJ. Orshansky,
Esq.
Orshansky
& Yeremian
LLp
16133VentuaBlvd.,Suite1245
Encino,CA91436

1l
't?
L L

I J

servedthe

following describedas DEFIENDANI| vH PROPERTY


?912,I
piair.r-rrir.'
coRp'snnspolqsEs'To
s pfuauiisr eon ADMrssroNs,
SET ONE on

PCX] 0iIA u.s. MArL)

I A

[ ].1 depositedsuchenveiopein the mail at Los Angeles,Cal,ifomia. The envelopewas


mailedwith postagefully pr6paid.

l5

'teadilvfamiliar"
am "readily
familiar"with
[x1] Ap follows: |I 1q
with Trump
r**p National
practiceo f
Nationar
GolfClub's
Golf
club'spracrice
h*]"*:^P1l"y::

10

::l::li:l

for m.ailing.
g$ g1o-..rsing,conespondence
unaeiinaipr*.tG-ii,iourd
be

o1thesameday,fithp*i"d iili;;;' ii Irv plepai


o at
*:n*1.*
XS.verdei,
l] i.^p)14,
:-.*1.9
RanchoPaios
califomia
in the ordinaryio*r" ,iruur"i""ss.-i;;.{,6!;fir;i

17

on

l8

motion of the party served.,


service.is presumedinvalid if' postal.anr.tLuti"naut. or
postagemeterdateis morethanonedaylfter dayof depositfor mailingin ainOa"it.

19

palosverdes,california.
Executed
July 13,2012atRancho

20
2l

tlcq

(STATE).I declareunderpenaltyunderthelawsof theStateof Califomiatharthe


above
rsIrueandcorrect.

22
LJ

')^

25
/.o

2l
28

PROOFOFSERVICE

JeffreyW. Cow&il,Itsq.

Declaration of JeffreY W. Cowan

I Jeffrey W. Cowan declarethat I am licensedto practicelaw in the Stateof California

and alsoam admittedto practicein the Districtof Columbia(wh,:reI now am on

inactive status). I practicelaw underthe nameThe Cowan Law Firm.

2.

I am trial counselfor Plaintiff Lucy Messerschmidtin this lawsuit. I have atiended

every ileposition in this lawsuit and haveeither draftedor helpeddraft everydocument

filed in this action. Accordingly, I have personalknowledgeof the facts statedherein

and, if sworn as a witness,I could and would testify competentlythereto'

3,

l0
ll

Attachedheretoas Exhibit D are true and correctcopiesof pages1,7, and 146-147from


TheArt of the Deal (1" publishedin 1987).
DonaldTrump's autobiography

4.

Attachedheretoas Exhibit E aretrue and conectcopiesof pages1, 19-20,4J, 50, 54-

12

65
33
- 1, 6 4 ,
6 0 , 6 4 , 6 6 - 6 9 , 1 2 - 7 3 , 9 5 - g g , l 0 5 - 110166,- 1 1 7 , 1 3 0 - 1 3 3 , 1 4 6 - 1 4 ' 7 , 1 5 i1- 1

1 a
IJ

lgI-1g2, and depositiontranscriptcorrectionsfrom the certified transcriptof the

3.:;-

l4

o'Joey"Kim.
depositionof Joel

o { , -

t5

. : 3N X6
L

: Eg :
r'i6>-

5.

Attachedheretoas Exhibit F aretrue and correctcopiesof pagesl,19-22,25-28,36,

t6

, 9,924 2 - 4 3 , 4 54, 8 - 5 0 ,5 2 - 5 6 , 5 8 - 6 06,2 - 6 4 , 6 6 , 6 8 , 7 1 - 7 2 , 7 5 - 7 7 , 7891, - 8 3 ,8 5 - 8 6 8

t7

I 5 , l I 7 - 1 1 9 , 1 2 2 - 1 2 5 , 1 3 2 - 1 13 48 1, - 1 4 61, 5 0 - 1 5 7 , 1 5 9 - 1 6 1 ,
9 3 , 9 6 - t 0 3 1, 0 5 ,1 0 9 - 1

18

164-167,171,1J3,177,11
88
02
, - 1 8 31,8 8 - 1 8 91, 9 0 - 1 9 2 , 1 9 4 , 2 0 5 , - 2 0 7 . 2 3 1 , 2 6 7 - 2 1 0 ,

19

275-216,279fromthe certifiedtranscriptof the depositionof Tom Sperandeo.

E - a

an
LV

o.

Attachedheretoas Exhibit G aretrue andconect copiesof pages7,57-59,96, 106-107,

2l

11I - 116, 1I 8- I I 9, I 22, 124, 126-128,130-132,206-208,2 I 0 from the certified

22

transcriptof the depositionof David Conforti.

L)

7.

Attacl'redheretoas Exhibit H aretrue andcorrectcopiesof pagesl, 103-104,106-107,

24

109, 112-113,120-121,125-128,130-134,137-743,148-149from the certified

25

transcriptof the depositionof Lili Amini.

LO

8.

Attachedheretoas Exhibit I aretrue and correctcopiesof pages1,23, 34,4l-42, 52-53.

27

7 0 - 71 , 8 0 - 8i , 8 8 - 8 9 ,10 8 , I I 3 - r 1 4 , 1 2 1 - 1 2 21,3 1 , I 3 3 - 1 3 4 ,1 3 6 ,1 4 1 - 1 4 41, 4 6 - 1 4 8 ,

28

1 5 2 - 1 5 3 , 1 5 6 - 1 5 7 , 1 6 5 , 1 6 7 - 117811, - 1 8 4 , 2 2 1 - 2 2 2 f r o m t h e c e r t i f i e d t r a n s c rtihpet o f

Declarationof Jeffrey W. Cowan

depositionof Mike van der Goes.

/.

Agachedheretoas Exhibit J is a true and correctcopy of Defendant'sresponseto


Plaintilf s 1't set of Requestsfor Admission.

l0

Plaintiff s I't set of form intenogatories(general).

Witness intimidation at Trun'np

6
7

Attachedheretoas Exhibit K is a true and correctcopy of Defendant'sresponseto

l .

I have personallytelephonedmany dozensof prospectiveclassmembers(and

intervieweddozensas well), and my staff has also called thesepersons1orme. In

who is a licensedlawyerin two jurisdictions


approximately2011, my (then)assistant,

10

outsideCalifornia, telephoneda putativeclassmember(usin.ginformationprovidedby

l1

DefendantTrump). Becausethis personspokeprimarily Spanish,I engageda translator

t2

namedCarla Gorzalez (seeher concurrentlyfiled declaration)to help my law


interviewthis person.The translatorreportedthat this employeesaidhe
clerk/assistant

1 1

IJ

.! 85
NX

LL

14

could confirm the break violationsthat are at issuein this lawsuit but was unwilling to

bi:s

t5

talk to me or get involved by signinga statementbecausehe is a currentemployee,

,f6>-

16

neededto keephis job, and had beentold by his supervisingmarrager


that employees

11

who talkedaboutthe lawsuitwould be disciplinedor fired. I laterspoketo this

l8

worker's son, who shortly thereaftertold me that his father had changedhis mind. But

19

when I arrangedfor Ms. Gonzalezto help my assistantinterview the fatheragain,he

20

againdeclinedto participateon statedgroundsof fear of retaliation.

5.i so
J 9 e :

B Ps 6: 09
^

c - a

2l

12.

Trump's lawyer Jill Martin.

22
23

13.

Attachedheretoas Exhibit M is a true and conect copy of Jill Martin's October21,


2011letterto me, andmy November18,2011replyto her.

1A

LA

25

Attachedheretoas Exhibit L is a true and correctcoov of mv October17.201I letterto

14,

I cross-examined
Trump managerJoel"Joey" Kim at his June22,2012 deposition.

zo

Althou.ghMs. Martin had claimedin her letter that all employeeshad beentold that

27

therewere free to talk to plaintiff s counselaboutthis lawsuit without fear of retaliation,

28

Mr. Kim (who is managerbut also a putativememberof the classfor a portion of his

Declarationof Jeffrey W. Cowan

employment)testified that no one had ever comfnunicatedsuch a messageto him. [See

pagesll4-117 fromtheKim Depo.l

15.

declarationsPlaintiffs have submittedor the quantity of declarationsthat Trump may

submit in opposition,we ask that it considerthis testimonyand weigh whetherTrump

hastamperedwith potentialwitnessesand to what extent such tamperingshouldimpact

the Court's findings of fact.

Trump's use of New York law),ersndt licensedirlLCalifornia-

8
9

16

testifiedwere giving legal adviceto Trump abortrtemploymentlaw matters, None is

t 1
I I

listed as being licensedto practicelaw in California. Attachedheretoas Exhibit N are

12

true and correctcopiesof the searchresultsfor the namesBernardDiamond,Jason

1 a
I J
NX

I havesearchedtheCaliforniaStateBar's membershiprecordsforthe namesof the


threein-houselawyersat The Trump Organizationin New York that Tom Sperandeo

10

tr

For this reason,and to the extentthe Court is cohcernedby either the quantityof

3;;-

14

Greenblattand Michael Boccio. I also ask that the Court judicially notice that these

o i

t5

personshaveneverbeenlicensedto practicelaw in Califbrnia.

LL

-.o

B
s:9
^
9 ; o

rI 5>-

1 a

t7

My academicand professionelquanifications

io
t 1

L t .

I am a 1991graduateof the UCLA Schoolof Ldw, and I practicedlaw from the fall of

18

1992tlrotrgh August 2001 at Kendig & Rossin Century City, where I was an associate

19

be.foremaking partner. Thereafter,I was Of Counselto Hennell1,& Grossfeldin the

ZU

PacificPalisadesfrom October2001throughSoptember2003. tloth of my prior firms

21

had "AV" ratings and practicedcomplexbusinesslitigation and employmentlaw. At

22

thosefirms, I defendedclassaction lawsuits(and either got them dismissedor settled

aa
LJ

for nuisancedollars).

1A

18.

Since startingmy own firm, I have expandedmy practiceto include the prosecutionof

25

classaction lawsuits. I was plaintiff s co-counselof record (wit.hAndrew Friedmanof

zo

Helmer Friedman)in the wage and hour classaotionlawsuit entitledJohn JosephSaint

27

John v. TatitlekSupportServices,USDC CaseNo. ED-CV08-1909-JZ(Rzx), That

28

lawsuit - which includedclaims for the failure to allow meal and rest breaks- resulted

lll

Declaration
of JeffreyW. Cowan

in a$2.2million settlement,
whichtheHon.JaclkZouharyappro'ved
in late20i 1.

19.

Theseincludea February
23,2007programof 6.25hourssponsored
by theLosAngeles

CountyBar Association,
anda two dayprogranion May 17 &, I8 2012sponsored
by

CLE International.in addition,otherMCLE prdgramsI haveattended


overtheyears

includedpresentations
or discussions
aboutclassactionissues,
includingprograms

sponsored
by theLosAngelesCountyBarAssobiation's
Employrnent
Law Section

(e.9.,a onehourpresentation
entitled"Ex ParteCommunications
in ClassActions:

WhatDid You Say?"fromtheMarch37,2010LACBA Employ:ment


L,awSymposium).

10

20.

t
.: R:

Since2003I havehadmy own6(AV')ratingfrorlnMartindale


Hubbell,andI havebeen
nameda "SouthernCaliforniaSuperLawyer"e{eryyearsince2001.

l1

I alsohavetaken(andcontinue
to take)MCLEfrogramsaboutclassactionlawsuits,

1 1

21,

I havesuccessfully
litigatedcivil jury, benchtridlsandarbitrations
to verdict(andwon).

t a
t l

22.

jury trialst[ verdictsince2001asapro bono


I alsohaveprosecuted
misdemeanor

^-

rLaii
> P6

14

deputyLos Angelescity Attorney,a deputyIng[ewoodcity Attorney,anda deputy

J
9 : :
: o s
r o{ . -

L J

VenturaCountyD.A. throughtheLosAngelesCountyBar'sTrialAdvocacyProgram,

u I e

, : ; > -

1 .

r 1
t t

>

.;.! o

i s:9
^ 9 6 o

lO

18

.23.

casesthatresultedin publishedappellate
decisi$ns,

24,

25.

In light of the foregoingfactsandprofessional


I respectfully
submitthatI
fxperiences,
am qua.lified
to serveasclasscounselin this la*suit.

2l
22

in addition,I haveaccepted
invitationsandspo$ento lawyersat MCLE programs
about
employment
law anddiscovery
issues.

19
20

I havearguedmultiplecasesbeforethe2ndDist[ictCourtof Appeal,includingtwo

26.

This ca.se
hasbeenconsolidated
with therelated]
Daveperry lawsuit. Mr. peny's

23

lawyersOrshansky
& YeremianandI agreedto collaborate
andprosecute
theclass

1A

claimstogetherasco-counsel.Accordingly,I r{spectfullyaskthe Courtthatit appoint

25

my firm a-ndOrshansky
& Yeremianasjoint cla]ss
counsel.

26

27.

AttachedasExhibitsI and2respectively
aretrdeandcorrectcopiesof the2003and

27
28

Declarationof Jeffrey

thoseof Mike vander Goes,DavidConforti,Li i Amini and Tom Sperandeo.

28

Hyjek'sundatedmemoabout"employee
meals'thathasbeenmarkedasExhibit6 at

3
T

depositionin this case(andwasauthenticatedthedeposition


of Tom Sperandeo,
on

pp. 173-176)andpreviouslymarkedas Exhibit in this case.

/l

: ; 0 9

3 s! 9

P 6 0

Attachedas Exhibit 8 a true and correctooDvo theTrump2008"hostess


training

manual"thatwasauthenticated
at thedepositio of Tom Sperandeo
(p. 171:16-23)and

previouslymarkedasExhibit8 in thiscase.
30.

AttachedheretoasExhibit9 areprintoutsfrom

TrumpNationalGolf Clubwebsite

10

(which I printed and which were marked as Ex bit 9 at deoositionin this case). I ask

11

that they be judicially noticedor alternatively mitted pursuantto EvidenceCode I

12

t220.

31.

Attachedas Exhibit 26 is a true and correct

of the Trump "Irood and Beverage

t+

Orientation
Manual2008",
whichwasp

markedas Exhibit 26 atthe denosition

15

of DavridConforti.

13
3 . i* -

29.

.: R:
I.L Xi

AttachedasExhibit6 is a trueandcorrectcopy f formerTrumpgeneralmanager


Ewa

32.

Attachedas Exhibit 29 is a true and correctcop of theJanuary


8, 2009Trumpmemo

rf5>-

t6

17

from Mariela Fariasre "lunch breaks."which

s markedandauthenticated
at Exhibit

18

29 atthe depositionof Tom Sperandeo(pp. 15

r60).

AttachedasExhibit 30 is a trueandcorrectco

of theApril 16,2009memofrom

20

David(lonfortire New Time Clocksthatwas

rkedasExlLibit30 at N4r.Conforli's

ZI

deposition.

t9

22

')a
J-).

34.

AttachedheretoasExhibits32,33and34.re

ively, are true and correctcopiesof

z)

theFebruary14,2008,September
4,2008wa ng noticesthat Trump issuedto David

24

Perryand the September5, 2008 terminationno ice it issuedto Mr. Pery. 'fhese

25

documentswere marked and authenticatedat

aa

35

depositionof David Conforti.

Attachedas Exhibit 65 is a true and correctcoo of Exhibit 65 in this case,a timesheet

27

for Lucy Messerschmidt,which was authentica d on pages269-270of the Tom

28

Sperandeo
deposition(hetestifiedits absence
o time clocked out for meal breakswas

Declaration
of Jeffrey

rypicalof all employees).

I
2

36.

a a

AttachedheretoasExhibit67 is a trueandco

copyof Exhibit67 in thiscase,an

emailthreadbetweenJoelKim andDavidCon

i. which was markedand

authenticated
at thedepositionof JoelKim.

6
7

t copyof Exhibit66 in thiscase,which

was marked and authenticatedat the depositionof JoelKim (pp.96-96).

3
A

AttachedheretoasExhibit66 is a trueandc

38.

Attachedheretoas Exhibit 68 is a true and co

JoelKim to "outsideservicestaff'that wasm

deposition(and authenticated
on pp. 105-106).

copyofthe 05-14-09
memo from
asExhibit68 at Mr. Kim's

10
11
t2
1 a
I J
g

5.:.eo
J

of the Stateof Californiathatthe

foregoingis trueandcorrect,andthati executed


this clarationon July 20,2012.

g e l

-= 5
r:
> " ;

? s.!6
i it 3;
rId>F

14

I declareunderpenaltyof perjuryunderthe la

15
4-'u--'--=-_

t6

rey W. Cowan

17

18

r9
20
21
22
aa
L)
1A
LA

25
26
27
28

DeclarationofJeffrey

Exhibit I)

DEAIIhIG
A Week in
the Life
ffi
';1,.,
;
do it for the money.I've got enough,muchmore than tr'll
]lf "."t
lil everneed.I do it to do it. Dealsaremy art form. Odrer people
llt
paint beautifirllyon canvasor write wonderfirl poetry. I like

1;1i
iitiu.r,'
j",.

$..

#*ir:t.

wt{,.
1-.;:
.-:'
,
*.,':1i.,
i?!a::..::.

'i..,::ii;,t,

iiri,''
ii''.,',..,

making dea1s,preferably big deals.That's how I get my lacks.


Most people are surprisedby the way I work. I play it very loose.
I don't carry a briefcase.I try not to schedule roo many meerings. I
leave my door open. You can't be imaginative or entrepreneurial if
you've got too much structure. I prefer to come to work eachday and
just seewhat deveiops.
There is no typical week in my life. I wake up mosr mornings very
early, around six, and spend the first hour or so of each day reading
the morning newspapers.I usually arrive at my office by nine, ancl I
get on the phone. There's rarely a day with fewer tlran fifty calki, and
oflen it runs to over a hundred. In between, I have at least a dozen
meetings, The majority occur on rhe spur of the moment, and f'ew of
them last longer than fifteen minutes. I rarely stop for lunch. I leave
my ofice by six-thirry, but I frequendy make calls from home until
midnight, and all weekend long.
It never stops, and I wouldn't have it any other way. I try to learn

DBALING::

A'WBBK

I.N TH.3 '!IF.B

l)

u
t

1t
.:i..
2i':

*s

ffi'
*rS;':
fl"

Y
:l
:l

''
:ir;

ii:.:
:i-jii::
tr:J.i

i',;',1''

1,'.l'
l!:'
'$i',

.ili

4..:i 1:

It
itl'

jii''
i4.,1.
.!f::
lir .

fr,
'i;,:,

,t::j;

:7.,;.:.::ta:t,

"i#

that ttrey have opposed me. I'm just looking to hire the best talent,
whererer I can find it.
Tony has been helping to coordinate the rebuilding of the wollmam
skatinlg Rink in central Park, a projec the city failed at so miserably
for seven years. In ]une I offered to do the job myself. Now we're
ahead,cf schedule,and rony tells me that he'sset up a pressconference
for Thursday to celebratethe last important step in construction: poru,.
ing the concrete.
It doesn't sound like much of a news event to me, and I ask rrim if
anyone is likely to show up. He saysat leasta dozen news organizations
have RSVPd yes. So much for my news judgment.
2:00 p.u. I get deposed in a lawsuit we've brought against a contractor on Trump Tower. Halfway into the job we had to fue the
company for total incompetence,and we,re suing for damages.l hate
lawsuits and depositions, but the fact is that if you,re right, you,ve got
to take a stand, or people will walk all over you. In any case)there,s
no way I could avoid deposirions, even if I never brought a lawsuit
myself. Nowadays, if your name is Donald Trump, everyone in the
world seemsto want to sue you.
3:00 p.u. I ask Norma Foerderer, my executive assistantan,c the
person who keepsmy life organized, to bring me lunch: a can of tomaro
juice. I rarely go out, becausemostly, iCs a waste of time.
3:15 p.u. I put in a call to Sir charles Goldstein; he's out, and .[
leave a message.FIe's a successfirlreal estateattorney, but not one o.f
my favorites.
I'm pretty sure Charlie Goldstein is from the Brorx, but he,s a very
pompous guy and has a tendency to act like royalty, so I call him sir:
charles. over rhe weekend, I heard that Lee Iacocca had hired sir
charles to represent him on a deal in palm Beach where Lee zrrd tr
intend to be partners. ke had no way of knowing about my pasl
experience with sir charles. A while back, I was in the middle of
making a deal with a guy who needed an anomey, and I recommendeil
sir charles. The next thing I knew, sir charles was recornmend.ingto
his client that he not make the deal with me. I coril6ft'1 believe it!

TRUMIT: THB ARt OF Tlrs DBAti

r+p

::.):\

bigger profit. In addition, I piannedio build new suites


and resraurants.
Financing, of course' now becamemy responsibility,
The prime rate
had been around r4 percent when I first starredlooking
piop.*y _
Adantic City. By mid-r986, it had dlropped,o p"r..,ir. ",
triy problem
9
with bank financing, even at these lower rates, was
that I'd str_[be
required to put myseif personaly on the ]ine for the
money. I d-idn,t
find that appealing.
As a resuit, I decidedto seekpublig financing for rhe
project, through
a bond issue' The downside was thdt I'd have to pay
t igt o interest
"
rate to attract buyers, but the upsidd was that once the
issuesord ouq
I wouldn't be persona-llyliable. In d,heend, Bear steams
was abre to
sell an offering for $zso mil.rion-tvhich not onJy covered
the $io
million cashdue to Hoiiday but a.lsopermimedme ro pay
offthe $rzo
mrllion moftgage on the burlding and Ieft me the -on.y
to burrd a
suitable parking facility. Inrerest payments on thc finn
r.irrg came to
just above gro million a year. That was about
$z rnillion |.", ,nor.
"
than I'd have paid for bank financqlg, but to me it
was money welr
spent' By relieving me of personalfi-rrancialriabi.liry,it
assuredI,d sleep
better at night.
During this same period, I hired a new general manager
for the
faciliry, which I had renamedTrump prazaHotel and
casino. I looked
first at m)' best compedtors. At the trme, srephen J.Iydc
was execudve
vice president and chief operating oficer under ,stevc
wynn at the
Golden Nugget. Before thag he'd wdrked a.tthe sands
and at caesars,
both top casinos.when I askedpeople in town to
name the best casino
executives,Hyde was
ar the top of the list. As soon as we met,
I. understood why. He"l*"y.
had a lot of $aming experience,he was a very
guy and highly competitive, bht most of ail, he
had a senseof
tharp
how to manage to the bottom line. A lot of managers
focus on maximizing revenue since thacs what gets reporred
p,iuti..Lymosr often.
The smaner guys understand that while big revenuo
L. great, the
real issueis the spreadbefween the relvenuesand
costs--becaruse
thacs
your profit.
No sooner had i hired Stevethan'dte fumed around
ancrhired away
a dozen of the best people who'd l,vorked for
him over the years,
tndyding Paui Patay, the number-onb food-and-beverage
man in AtIantic City. I have a very simple rule when it
comes ,o"_*"n.rrr"rrr,

GAMING:

ran$.
e rate
rty ln
rblem
ill be
lidn't
'ough
terest
{ nrr+

>le to

e $so
' .$r.zo

rild a
ne to
more
r well
sleep
rr the
>oked
:11tive
Ir rhe
.esars)
:aslno
l very
rse of
maxcftcn.
Lt

UrL

thaCs
away
years,
n Arment:

THB

BU]LDING

OI{ TI{B

ARDWALK

In 1985,the fust full yearof operationunder arran-smanagement,


the facility eameda grossoperatingprofit of ap
$is million
befi>reinterest, taxes, and depreciation. For r
Harrah's projeaed
a gross operating profit of $18million. Based
the first five months
during which they continued to manage the
liry, they wererunning
just slighdy under projections.
V[e took over on May 16.For the fi.rllyear, ou{ grossoperating profit
was nearly $18 million, or $zo million more $an Harrah's had project,ed.This was despite the fact that in June we closed down our
existing parking lot to begin construction on d,henew garage. We're
estfunatingthat by 1988our grossoperating profi!will reachgqo million.
By
rights, that should be the end of the st!ry. However') success
"11
running the Boardwalk facitty with my own lgranagementmade me
see a broader opporn:niry. Specifically, I star-d,ed
to look ar.ound at
othr:r possible deals to buy companies that or{med casinos.Holiday
Innrswas an obvious target. Even after selling me the Boardwalk facility,
they still owned three other casinos-one in Adlantic City and rwo in
Nevada-as well as nearly a thousand hotels arbund the worid.
As a result, in mid-Augusq rvi/o months aft{r buying thern ou.t in
Ademtic City, I began purchasing stock in Hollday. By September9,
I'd purchased nearly i percent of the companyf or some one million
shares.At that point. I had two basic options: One was to hold the
stock as an investment. The other was to go fo! control.
I had no doubt the company was undervdu{d. For one *ring, becarxiethey owned so much real estate,they were entitled to large w:riteoffs for depreciation. Therefore they reported net profits ftu below
wha.t they were acnrally able to retain. on the basisof a stock price of
$54 a sharein early August 1986,I wasin a positi{n to purchaseeffective
control of the company for not much more tlran $r billion, In one
scenrario,for example, I would sell off ail of $e noncasino hotelsperhaps for as much as $7oo million-and retail[ just the rhree casinohotels, which by themselves were worrh nearly that much.
No sooner did word get our that I'd begun hccumulating HoJiday
Inns; stock than its price started to rise. I assr{mearbitrageurs were

Exhibit E

SUPER]OR COURT OF THE STA E

FOR THE COUNTY OF

OF CALIFORNIA

OS ANGELES

3
4
5

LUCY MESSERSCHMIDT/
individually
and on behal_f
of afl
others
similarly
situated,

6
P t ^ r n f l t f
, .

'

1
B
9

VH PROPERTY CORPORATIONdba
TRUMP NATIONAL GOLF CLUB and
DOES 1 through
100,

10
D ef e n d a n t

11
I2

AND R]ILATED ACTION

13
I4

ENCINO,

I6

FRIDAY,

CALI FO NIA
JUNE 22

" (PER PROTECTIVE ORDER SECTIO

1B

HAS A

19

ORDER'' DESIGNATION FOR A

20

No. BC 403087
Consol_idated with
No. BC 408999

DEPOSITION OF JOEL DEAN KIM

15

I1

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

T E M P O R A R Y" C O N F I D E N T I A L

20r2
4I

THTS TRANSCRIPT

SUBJECT TO PROTECTIVE

PER]OD OF 30

DEPOSITION ]S

REC

DAYS AFTER THE

r v E D .) "

2I
22

24

A T K I N S O N - B A K E R ,I N C .
C O U R TR E P O R T E R S
(800) 2BB-3315
W W WD. E P O C
. OM
R E P O R T E DB Y :
JANET A.

25

F I L E N O . ; A 6 06 1 C E

23

HIRSCH, CS

NO. 5486

P e* Y r - ivo

the

director

the

schedufes

of

outside

for

the

services

A.

yes.

O.

W o u fd y o u d o t h a t

A.

No.

O.

When you staffed

you were t.he director


r-n the

of

schedules

11

THE WfTNESS: f'm


you're

MARTIN:

for

outside

MS.

with

anyone

time

shifts

whil-e

serv:-ces,

p rlods

Ohi cr-t i nn

not

the

for

would you
meal- breaks?

Overbroad,
s re

what

vague.

time

frame

speaking of.

13

MR. yEREMIAN: Okay.


At

O.

any time

15

have you indicated

I6

breaks

in

the

A"

Yes.

1B

O.

When did

I9

A.

20

O.

Is

2I

A-

Yes.

22

O.

Was it

23

A.

24

O.

Okay.

don't
it

have you sch duled

time

periods

breaks

valets

to

in

the

take

schedule?

I1

25

r-n co junction

vafets

10

I4

create

efse?

indicate

72

you also

valets?

did

you start
know the

within

can't

But it's

within
recalf

the

doing
exact

t_ast ye

the

fast

the

been aL least

r
th

o years?
approximate

a year

Lime

thalr you've

been

P
! s :Y vr r o

79

doing

this

Y 6 c

O.

uq Fur !\ rvi r u uc oJ q/

breaks ?

When you first


rw^ rca rr

you

scheduling

oY .
--

BY MR.

Time frame in

10

O.

When you first

On th

the

very

became t

13

O.

Do you remember when Mi

MR.

1"6

MS. MARTIN:

I1

THE WITNESS:

schedule

van

der

CABADA:

Objection.

v qv

uE

the

of

outs-ide

Goes

l_eft. the

Vague.
f

don't

BY MR.

van

der

Goes?

20

MS.

MARTIN:

ohi eni.i nn

Vague.

2I

MR.

CABADA:

Lacks

tion.

zz

(At

this

YEREMIAN:

point

23

deponent

24

out

25

for

director

O.
Mike

meal

course?

15

19

these

n O q ?

No.

1B

breaks

outside

eginning?

A.

golf

se

of

Vague.

72

I4

director

A.

q o r \ 7

th

Obj ection.

YEREMIAN:

11

became t

MS. MARTIN:

1
B

of

and

the

Who r

in

found
the

pr

his

attorne

hearing

of

MR. YEREMIAN:

Let

th

me cl

k over

for

c e e d i D 9s ,
are

conferring

f A n n r i aI r

ar

t.he

u e r

l
/

l_t up.

n^
!

^^

s Y v

20

to

take

their

meaf

breaks?

MR.

THE WITNESS:

it

duri-ng

5
6
'7

BY MR.

you

telf

YEREMIAN:
someone

O.

WeIl r

would

When
go

to

imagine

time

they

woul-d take

on

ou

were

meal

the

break

superv]-sor/
.],, -.i
u u ! f

^ ^
rr 9

72

O.

Okay.

13

doing

donrt

recall

As director

I4

+ L ^ #
L I I A

15

^ ^ + t r ^ 1 1 . "
q u L u d f , I y

T6

A.

Yes.

T1

O.

Do you

1B

A.

Frequently.

I9

O.

Was 1t

did

person

to

take

meaf

what

22

O.

As

23

A"

Downtime

25

be

the

was,
time

you

actually

A
u v^ ir r r ^Y^

outside

ervices,

an outsid

your practice

In

that.?

know how often

A.

why

ts1-\^+
Lrto L

service

did

you do

attendant

to

a m e a l _b r e a k ?

2I

24

of

you inform

take

yes,

dre you guessing

remembe
r actually

11

20

th

downt. ime ?

10

During

Overbroad.

downtime.

O.
would

O bj e c c r _ o n .

CABADA:

breaks

y u did

to

durino

tell

that?

outside

services

d o w nt i m e ?

capacity?

di rector

of

wouldn't

knowr

dsking

outside
be
to

the
go

servrces?
the
a

actual-

break.

reason
It

woul-d

frame.

D rs Y nv a

41

1
2

So, as far

0.

as you can r

A.

As far

O.

And it's

as f

val-et

meaf breaks?

A.

Not always .

a.

So the

r
L q

10

IILg

supervisor,

times

meal breaks,

brea k?

11

A.

themselves.

13

would take

T4

brea k .

15

it

I6

employee meals

I1

they

1B

if

q:

at

w o u . l _ dt a k e

it

employees

you d d not

woul_

i d

two di fferent
during

take

know t.o take

take

it

upon

to

we

to

employees to

were a.lw ys available,

hofar a

were

when

tell

ployee

you

rovided

meal

imes of

the

mos 1y during

but

they

t.ake

d-y,

those

and
Limes

not
O.

20

wouldn't

tell

21

employee

woul-d use

take

to

w h j _1 e

u p o n t h e m s e l - v es t o

19

24

they

yes.

that

tell_

how wou_ldan

The breaks

Ll- KC

23

that

They would

I2

remem eI r

testimony

you would

l - ^
A g

could

your

25

had

one sr.tpervrsor?

22

member/ each shift

But what you're

saying

an employee when t
their

own judS

take
CnT-

when you
a break,

1 -n

decide

the
when

break?

Y A C

O.

Did you ever write

take

l _s t h a t

up an employee for

deciding

a meal- break?

F :s Y rvr o
!

BY MR. YEREMIAN:

0.

your

services?

practrce

4
5
6

can't

recaf f

a.

When employees

brought

A.

11

We have

downstairs
area,

Lhey
O.

act.uaf

did

you

observe

designated

We have
coul-d

Did

you

val_et

ood

them
br

couf d

observe

o
an

ak

it's

been

outside

that

time

frame.

back

from

food

the

food?

room

l-ocated

over

by

t.o eat
va.Lets

the

there
eat.ing

security
as

well.

in

the

area?

MS. MARTIN:

13

THE WITNESS: In

I4

MR. YEREMIAN: Correct .

15

THE WITNESS: Yes.

O b je c t i o n .

I6

O"

BY MR. yEREMIAN:

71

I t

1B

a.

But

79

Yes.

20

O.

Has

2I

A.

That

22

O.

23

24

O.

25

of

eating

.t ck

72

r g -

rector

_ l - o a ci in o

they
ever

reca_l-l-if

became d

Agaj_n, f

where

10

you

A.

runs,

since

Do yo

terms o

How of

Vague.
the

valet

station?

en woul-d you see that ?

w o u _ l _ dv a r y .
it.'s

it

happened more t

happened
I

more

tha

it.

hap

an once 1?

t.en times?

observed?

Have

Lhat you canrt

you

observed

enlng

so

many

times

count.?

P: rra

1
2

A.
qaan

Beyond

Did you ever

"Reprimand"

O.

Write

A.

Not

woul-d rather

inside

the

number of

11
I2

O.
with

them
that

not

designated

times

f've

nyone

for

wrt te

up?

eating

at

the

areas /

Our pol-icy
at

ea
the

the

break

was that

desk or

room,

we

rather

for

reasons.
Did you ever

discuss

th

topic

of

food

toptc

of

m e a l _b r e a k s ,

runs

Dave Conforti?

a.

Did you ever

general,

with

could

recali_

discuss

the

Dave Conforti ?

16

The 30-minute

I1

O"

Correct.

18

A,

Not

I9

O.

Did you ever

22

of

recal_f .

have anybody

T4

2I

how many

! g u d

terms

can

Not. that

20

up?

L N

11

r F- nr n- i m : n A
_

in

13

15

station?

10

J.-

O.
val-et

ten

that

wi-th Mi.ke van der

meal break

cou_ld recal-I

discuss

the

Again,

O.

Do you recal_l- discussing

noL t.hat

can re

23

breaks

24

Not

25

O.

Do you recall_ discussing

Lily
that

meaf

breaks

Goes?

with

30-minute

4 f , 1 -

j _h o

? n - r nr ir L rnr "r ru^L s

mea]_

? O - n rr ir r a r nr ur L
r tg - a

n a r
ltttr:d._L

Amini?
coul-d recall_
h c

-P :* Yr -r o

55

breaks

with

v ^

O.

How many

him

about

A.

One in

particular.

O.

Do you

re ca f l- when

A.

year,

O.

Was it

A.

No.

O.

Was it

at

services

wrth

10
11

outside

Tom Sperandeo?
^

meal

13

O.

When did

canrt

that Mr. Perry

oo r

within

A.

you

donr t

the

.l_ast

t.hat

filed

first

THE WITNESS:

19

A.

Again,

22

O.
that's

24
25

Mr

frm

of

t.his

l_awsuit

National- ?
Lacks

re

a 1f

foundation.

whe.re o r

when

it.

BY MR. yEREMIAN:

27

Tru

can't

O.

speculating

u were director

aware of

Objection.

1B

20

beco

against

76

about.

having

reca.ll_.

MS. MARTIN:

heard

recal_f

tha t

time

15

I1

you

breaks?

date,

I2

I4

conversations

if

--

I
f

said

just

Was it

canrt
more

trying

reca

than

to

find

more
1.

than
I'd

year

ago?

on-Lybe

year.
ut

what you know,

all?

A.

Yeah.

O.

Now, that

Conforti

about

conversation
I'm

sorry/

u had wi th
ith

Mr.

Sperandeo

T)-

- * ) -r^-

55

about

with

the

meal

him

about

A.

If

approacht-ng

meal- break

meal

are

they

day

at

knowr

11

that

we

O.
this

which

feed

they

them

15

O.

Was there

meaf breaks with

I1

A
30-minute

19

gave

20

know,

out

staff
theyrre

r r

recal l

about

the

3O-minute

:-nformed me that
our

I I

their

employee meal-s that

not
at

the

sure

what

certain

ti_me

times

of

the

members can eat.


o

the

clock

as

wel,l

so

break.

anything

approached

that

-Like T

and

the

23

him

about

you discussed

that

this

wi th

conversation?

a question

wa

t.he answer
1s

about

t.hat

about
that

we are /

the

he
you

said

much it

Okay.
Do you

you've

hlm

reasoning

That was pretty

O.

else

Sperandeo i

meal- breaks

me was

2T

Trump

ing

through

can

Mr.

No

1B

25

n r r a n l -

issue'?
No.

24

recaf l- discussino

Do you remember why you approached

A.

22

he

h/ere put

constitute

as

dt

and

me

and

provided

I4

15

serves

befieve,

but

do

breaks?

time

employees

will

72

meal

Sperandeo

are

were,

10

13

Mr.

out /

where

the

what

my memory

breaks
put

breaks,

had

with

National-

recalf
any

any

other

regarding

other
manager

the

topi

onversations
a

of

o rmr nr P r I\ r^y s E J
u

meal- breaks

-P :* Yn -o

51

besides

thi-s conversat.ion

No.

a.

Did

outside

brea ks ?

you

ever

services

have

MS. MARTIN:

THE WITNESS:
O.

servrces

personnel-

10

breaks?

11

A.

Not that

I2

O.

Now,

13

you

I4

before

requi re
they

Not

asking

you

to
on

can

Do yo

re ca f l_ any

qu

MS. MARTIN:

Obj ecrron.

I5

MR. CABADA:

Obj ection

11

THE WITNESS:
what

19
20

t.i_mef rame
O.

were

BY MR.
vafet

you're

Y E R E M I A N:

A.

Val_et supervisor?

22

O.

Was there

require

24

to

25

vafets

about

mea-l

supervi sor,

authorization

would
from you

ak?
Vague.

ab

I 'm ta

Overbroad.
to

specify

what

ut.
king about when you

supervisor?

2I

23

br

have

tal king

outside

recel-ve

a meal

meal-

recal_1.

sti-ons

val-

15

1B

of

any

Overbroad.

recal-f

you'd

issue

with

that

you

were

attendants
cou-l_d go

the

Obj ection.

coul-d

when

nversations

about

yEREMTAN:

BY MR.

Sperandeo ?

any

personnel-

with

to

No.

any point. 1n t. me when you dld


receive

authori_ ation

from

you prior

gor_ng on mea-I breaks ?


A

Y A C

F:

rvo

trme

O.

When did

A.

It

start?

was implemented by D ve Conforti.

frame,

can't

Did

O.

that

Mr.

recall

Conforti

t h e e act

As to

t _ : _ m ef r a m e .

commun cate

this

policy

to

you

directly?

6
1

A.
how he

canrt
implemented

O.

9
10

distributed

11
T2

A,
can't

how

this

don't
or

Yeah

O.

I4

you and then

15

dld

an

remember if

recafl_

So did

you communj_catedit
directly

I1

MR. YEREMIAN:

1B

THE WITNESS:

CABADA:

rmplemented to

27

employee receive

25

Tf

Jvu

was

a memo that

it

was vta

memo or

MR.

s o m e h o wt o

o val-et

personnel- or

everyone ?

t- ^^,,
Al tuw

canrt

require

re

So whe

autho rizat

autho rization

CABADA:

to

s policy

1 g J .

BY MR. yEREMIAN:

20

24

if

he communrcate th

MR.

23

there

E-mail-?

I6

22

exactly

policy

can't

he communicate it

O.

recal-I

r e c a l _l _ e x a c t l y .

13

19

canrt

OkaY.
So you

he

recalI

f 'm

to

sorry/

all,

yeah.

this
ohr
go

poli_cy was

how would an
on

m e al _ b r e a k ?

an you repeat. the

question?
(The
the

pending
reporter.

question

wa

read

by

ID ru Ynv o

59

manager/

supervisor

their

goi

just

to

break

any

kind?

of
A.

It

O.

Okay.

B
that

go

Trump

it

National

A.
policy,

policy

15

run ?

Before
requiring

71

O.

So to

to

Mr.

Lo

food

that
t

go

ro

Conforti

take

a meal

run

the

l -e a v e
n

autho rization

ust

sta

required

Course

A.

S
i
_ t* tr \n' a r rr r w

20

O.

So the

know

receive

supervl sor

19

outside

fo

autho rrzarlon

Not. t.hat

2T

site

inform

site

this

policy

was

the

food

run?

implemented

he implemented th

A.

was

After

I6

from

on

or

that

yes.

O.

T4

site

inform
g off

So wa

correct

Goff

Yes

off

go

authorLzation

13

1B

of

was to

So is

11
I2

wou_l

required

10

They

BY MR. yEREMIAN:

O.

THE WITNESS:

c ^v -

or
r

authorizat
director

outside

someone 1n

22

A.

Or manager

23

O.

Or a vafet

24

A.

25

O.

go

off

there

site

was no

for

needed

it

food

of .

director

services/

to

policy,

pro

or,
o

serv

they

outslde
ces or

yours

If,

the

ro

the

services?

pro

shop staff

direcLor

of

shop staff?

shop m nager.

supervisor?

Okay.

D .saY nU a

60

1
2

service

yEREMIAN:

BY MR.

O.

meetings

take

M S.

THE WITNESS:

How o

Len

did

Obj ection

Overbroad.

We woul-d

ry

to

as possible.

O.

BY MR. YEREMIAN: On a

eekly

A.

No.

mnnJ-

We woul-d

Do you recaf I

O.

10

authorization

11

di-scussed

to

at

I2

A.

13

O.

Did

t.he premises

I6

A.

It's

71

O,

Do you

1B

A.

No.

I9

O.

Has

were

compfained

you

2I

A.

Not

22

O.

So have

that.

23

authorization

24

A.

Time

25

O.

Welf,

to

outside
this

to

as

often

getting

s for

rlttg

i nf

woul-d vary.

a food

servtces
t

have

for

run

being

meetings?

or m

thori

:q nr r\ J7

a
s rmL nr Il / r vn y g u J

za Lion

to

_Ieave

run?

possible.

remember

any

personally

food

very

to

it

basis?

shoot
it

prem:-

at

required

for

bu

t.he topic

these

ever

WOU

basis

recall

you

15

20

of

can't

that

they

WC

l-eave the

one

I4

make

would vary.

on a monthly

h l r;

outside

place?

MARTIN:

It

these

outside

it

servl-ce

about.
I

doing

not

getti

coul_d recal-l_

mployee ever
g a m e a - Lb r e a k ?
t

this

time.

employees

actual

y asked you for

leave

premts

s for

frame

the

now?

Current

has anyone ever

food

runs?

?
r,r
f
'

as ed you for

permission

-P *: Yr *r a

MR.

(Lunch

3
4
5

O.
under

CABADA:

YEREMfAN:

Mr.

Kim,

Okay

O.

Have

morn:-ng

testrmony?

No.

11

O.

What's

periods
A.

your

in

California

not

to

Let

me just

I6

reciting

the

meal break

I1

funch.

18

A.

Yeah.

19

O.

What I

22

rest. break

to

23
24
25

to

rufes

yes .

Do you

stop

remind

you

you're

are

In

atr-on since

a ility

stifl

for

give

to

of

this

the

accurate

law regarding

no exempt employees?

ho

you the

law t.hat

was asking

two ten-minute
O.

for

exceed five

O.

A.

your

An employee can work up

mea.l period

21

to

understandin

15

20

want

woul-d affect

that

A.

I4

just

you t.aken any medi

10

13

Okay.

oath?
A.

rest

recess . )

MR.

72

Okay.

you wa

nonexemp

an ei_ght_hour p

o five
rq

hours without

krafnra

e because you t re
e t.al ked about

do you

be fore

know what

the

employees ?
riod

you're

entitfed

rest. periods.

know i f

t.hi s pol i

y was communrcated

stri ke that .
You testified

that

that'

what

your

understanding

at

Trump

of

National

California
for

l-aw

rest

MS. MARTIN:

Obj ection.

MR_ CABADA:

Same ob;ec

breaks

that

10
f'm

for

nonexempt

you've

11

BY MR. yEREMIAN:

O.

been

director

A.

The two ten-minute

O.

Right.

A.

I 'm sorry /

d
of

t . h e fr:

My guestion

O.

is

simntrr I

Trump Nat.ional- policy

for

I4

regard

since

15

operatl-ons?

16

A.

I1

after

1B

pertod

to

rest

They

the

I9

breaks

receive

third

and

hour

af ter

the

MS. MARTIN:

20

obj ect j_on here

27

he

ever

22

25

policy

as

to

time

-l-on .

as the

brea

repeat

13

24

Ihe

policy

rr-ng the
ser \7t

for

period

rest

of

time

coq?

s?

est.ron one more time

sorry.

1 a

23

Overbroad

What

employees

the

was

break

What

testified

of

two
or
meaf
And

director
he

was

MR. YEREMIAN: I
O.

Since you've

t.hat I s been the


A.

at

what

nonexe pt
you'

rest
f'm

the

employees

with

been director

pe riods,
so

is

rest

ry

of

breaks,

be f ore

the

meal_

neri nr)
f,m

jus

going

of

ope

ations?

the

dire

misstat

been direct

tor

of

.Lo
I

do a be I ated
don't

think

operations.

d.
r

of

outside

services/

pol i cy?

yes.

P.e
- Y rro
v
-

1
2

Was that

O.
vafet

policy

A.

No,

not

O.

And

when

that

poli-cy?

A.

O.

Are

outside

authorizat.ion

before

A.

Currently?

10

O.

Yes.

11

Y o <

I2

O.

Who can they

13

A.

They will

bel ieve

I4

coordinator

15

ten-minut.e break.

A.

YeS.

I9

O.

When did

22

service

personnel

them to

obtain

rest

23
24
25

you

were

an

at

endantr

wds

it

the

same

so .
service

per

-minute

rest

autho r i

ation

from?

the

ide

takinq

get

inform

onnel_ required

te

out

to

get

break?

servi ce

that

they

w 11 be taking

also

get

that

thorization

they

start

from the

--

w en did

when did

authorization

tha
co r

t.he outside

requirement
ke their

start

ten-minute

break?
A.

Lhat

when

shop manager?

1B

20

erent

know of.

were

myself

Can they

O.
pro

or

you

71

dif

supervisor?

76

any

took
O.

can't

reca_Ll at

this

me what

time

frame

p1ace.
okaY.

D - ^ ^
L s Y v

for

But
poli-cy
3

at

do you

some pornt

T + | ^

breaks,
5

O.

time

the y

whe

different

they didn't

r vF Y- ul tf
!

r a

ef f ect,

break

coul-d

an

this

whenever they
Yes.

11

O.

Were there

take

these

breaks,

13

A.

Currently?

I4

O.

Yes.

15

A.

Currently

T5

area,

elther

I1

where

we have

1B

O.

19

20

the

l -

break

the

policy

ersonnel

came into
take

rest

what l_ocati

it

has to
room

and

the

of

be i
or

th

tables

understand

in

where they

yo r

loading

t.he golf

rest

not

course?

designated

loading
t

coul-d

dock

the

area

wor kn I ar-e

testimony,

ock area or

you

can

you said

area?
The

22

O.

Okay.

break

room;

Can you take

A.

service

in

to

break

A.

on the

the

rmal-ized"

any ru.l_esabo

chairs

27

23

avaiJ-able,

wanted to?

break

So just

rest

more

autho riza tion

outsi-de

I2

we e af ways

Okay.
So before

they

now j_L's i ust

but

10

25

in

was a

authorization?
n

24

recal.l_ that

grounds

of

We have

t h o

correct

a rest
n n l

Y V T !

brea

at

any

other

focation

U V U I D C

a park thatrs

ou side

the

cl_ubhouse

69

1-opic of

rest

Aservtce

breaks?

bel_i_eve we di_scussed

meet:-ngs
And

O.

actually

think

as

you

our

you

say

discussing

you

believe,

it

your

Yes,

O.

Were these meetinqs taki ng place

11

T6

A.

O.

Do you

you were
A.

you

were

can't

they

Again,

were taking
O.

recall-

thi s

at

18

personnel ?
A.

20

r ac :

if

I I

can't

r h a

T f

those m etrngs

place

reca.l_l_th
or

Do you remember

having

was many

years

these

meetings

whose

with

No.

do

Was it

Dave Conforti's

when

whether

rt

was to

ou side

start

set:vices

not

22

THE WITNESS:
BY MR.

time:frame

id

the

MR. CABADA: Objecrion

O.

Look place

not-

2T

23

when

val-et supervisor?

7'7

19

you

or

ago

I4
15

you

r e m e m b er

va"l-et attendant

72
13

do

may have?

A.

10

outside

meettngs

valet

well

when

remember

in

canrt

YEREMIAN:

24

requl-re authorization

25

asked by an employee to

for

take

Asked
re

Since

rest

e d

br

a re

and

answered

- t
l
o 1 I .

t's

aks,

been

the

policy

to

have you been

brea k ?

P.a
. - :rro
,-

12

A.

O.

Rest

break?

A.

Rest

break?

5
6

able

to

take

A.

No.

a.

Are

any

outside

10

from
to

take

11

No.

T2

O.

Now,

13

back up

14
15

you

rest

rest

meal_

this

complai

about

not

breaks?

of

service

during

have

any

co

personn

plaints,
I

in

regarding

general,
the

abiliry

typical_

rkday

office

q L

the

an

well_,

f 'l-l

Trump NationaL

Course ?

A.

Yes.

11

O"

Where is

1B

A"

ft's

79

O'

okay.

20

fs

it

27

A.

yes.

22

n
\ l .

n l.-,,
v ^ dy .

23

25

ever

aware

76

24

break?

Do you
Gol f

or

recaf l- at

anyone

break

can,t

Has

O.
being

rest

Is

it

that

office

l_oc

focation-wise?
That's
-located

on the

bad

inside

ques
the

same story

l-on.

Let

me back

clubhouse?

the

entrance

to

the

c l - u b h o u s e?
A.

L\O

P: r-ra

13

Do you remember where

O.
A.

reca_ll at

canrt

O.

Do you

O.

Do you

remember

It

concerning

ni

terminate

he

10

r+-

our

11

was

very

O'

sway Mr.
perry

season

13

terminating

who

at

was

saying

Mr.

Conforti

Mr.

perry?

felt

know

the

hat

the

meet

an

attempt

decision
that

on my

to

he was

we were

approaching

time

t.hat

this

to

chang

I'm

going

that

we Ire

going

(The

to

as

Exhib

mark

document

referred

1B

marked

I9

Pl-aintiff

20

a n d . t _s

annexed

BY MR

YEREMIAN:

O.

his

meeting

you tried

mind about

by

the
's

Depositi-on

Exhibir

66

to

hand

you

document

was subsequently
Offi cer

as

ldent-Lfication

hereto
pl-ease revi ew Iixhibi
L

66,

Mr. Kim.

23

Okay.

24

a.

Dn

25

rated

i rrq I

MR. YEREMIAN:

7'7

22

ini

A.

15

2I

rl(tg

^ l
^ ^ ^ ^
Pr.d.uc:,

why?

on

busy

convince

.i -^

this

David Conf rt.i's

employee.

So yourre

+L ^v v^ A
l '

did.

good

to

76

was

Mr.

I2

74

bel-ieve

help

J- n
L V

remember

\f / ^ r l
"

recognrze

this

do ument, Mr.

Kim?

do

P
r :s Y rvr o

95

O.
2

n i d

this

doc

m e n t .?

O.
break

And

policy

O.

u n , 1
^ e ^ - r
_yvu urcdLe

this

document

of

Trump

did

you

basic

Nationaf

Ily

explains

the

November 24,

meal

2009?

r g J

And

outside

service

distribute

his

document

to

all

personnel_ ?

O.
10
11

a memo

rl .r in le.

it

Was that
valet
Yes

15

O.

I s t.his the

me ask it

another
Are

there

other

T9

personnei_ regarding

than

standard

this

only

one

between

Not

2I

O.

Why did

22

A.

For cfarification

23

O.

Was there

25

MS.

that

writ
vou

j_ssue of

the

up this

written

any other

20

wrote

it.

on

the

va_let

desk

in

ractl_ce

post

to

memos

communrcation

way.

1B

24

desk?

A.

71

n
y nv cv i u- a! vr l

your

I4

T6

mailboxe

copres.

O.
on the

iL- rh ro u
r a!

posted

A.

I2
13

A r o

not
you wri te

that
up rh jpurpos

a problem

with

en

commun:-cations

d outsicie
eal

service

breaks ?

know of,
m e m or a n d u m?
S .

meal breaks

before

you

memorandum?
MARTIN:

O bj e c t . i o n

Vague

and

ambiguous

f ) - ^
L s Y e

96

THE WITNESS:

communtcate

rmperative

marker.

5
6

could

breaks

BY MR. YEREMIAN:

Was i

your

i t
the

idea

was

five-hour

t.o dra f t

document?
can I t

O.

Did

recal

you

l- at

thi

consul-t. anyone

drafted

this

document ?

10

A.

11

O.

W h o?

I2

The

and

O.
they

Dj-d they

at

the

me ,

A.

Yes.

I1

O.

Did

you what

tell

tel- l_ you what

I6

it

control-Ler

Thom:

s"

Sna r:

n r ' la n

" y v ! q r r v u v /

HR.

T4

18

t.h

that

before

1 J

the

that

so

happe

A.

13

staff

was

breaks

the

that

O.
this

to

It

they

put

to

type

in

this

put

1n this?

\/alt
i v u

^r

Did

thi

up f

rlirl

\r^lr
J v u

lL- yr ;Pn ca

up yoursel- f ?

19

A.

20

O.

The sixth

2I

can' t

recal I
bulfet

notify

"Always

22

supervisor

23

leaving

24

break. "

25

Is

that

who type

post

your

for

up at. this

wo, it

and co-worker

your

the

point

it

yo

authorizatio

time.

says:

epar tment
befo re
30-minute

policy

that

you were

D:

no

91

referring

instituted?

to

3
4

earfier

that

MR. CABADA:

Obj ection

THE WITNESS:

MR. YEREMIAN:

o
r 1 d n i

The

sixth

Repeat

bul-let

Yes.

10

O.

Does t.hat bullet

11

author:-zation

I2

said

13

( - n t r r < a ?

policy

Dave Conforti

point

question,

pfease

instituted

15

THE WITNESS: yes.

76

says;

f o

earlier
ha

refi-ect

l rr

Trrrmn

today

the

that

you

National- Goff

Same object

B Y M R . y E R E M I A N : S e e i n g t h i s m e r n or a n d u m ,
does

joS

your

this

18

the

19

premises?

pol-icy

A.

No.

2I

O.

You

F ^
L v

this

A.

24

memory about

that

20

at

ra

O.

I1

n
r v !

you see what it

a r-r-lt

we discusse

MR. CABADA:

h r r
I / !

th

point,

T4

25

the

A.

23

Misstates

Sure.

22

Dave Conforti

test. l-mony.

you sa

bel-ieve

canrt.

And

he

authoriz

may

have

Confo:rti

tion

to

announced

leave

nnouncecl that

the

policy

memorandum?

f t's

O.

required

when M .

recalf

possible.
if

he

did,

do

you

kn

w how he would have

n^

^^

-r d *t )l er '

communrcaled

that

poJ_icy

MR_ CABADA:

THE WITNESS:

MR. yEREMIAN:

(Recess. )

O.
front

distributed

10

for

to

Y A C

l r l ^ , ,

Let's

ta

outside

. , L - !
L\(rw
/ wnat

l-s a

service

caused

you

Obj ection.

72

MS. MARTIN:

Joi-n.

13

THE WITNESS:

15

focusing

t_o

working

I1

of

1B

hours

I9
20

25

an

if

needed
A.

times
on

the

of

t.hey opt

to

take

five-hour
shi ft,

policy

that

sign

BY MR. yEREMIAN:
cl-arification
W e l l _r

ds

draft

the

stated

in

clari

the ir

66

correct ?

and

fy

in

you

memorandum?
answered.

to

the

meal- period

ma ker,

staff

and

assuming theyrre

and

nforming

they

can work up to

t.hem that
six

walve
Vihy di

on

Exhibit

this

Asked

want.ed t

to

eight-hour

waiver

meaf

you be_Lievethe
reak

staff

po_Licy?

Lhe m nua1,

just

wanted

to

23
24

more

the

O"

2I
22

appropriate

Krm,

break.

emorandum that

to

MR. CABADA:

the

five-minute

p rsonnel,.

11

I4

specufat ion

No.

you you testified

v,

Asking

one ?

BY MR. YEREMIAN: So, M .

of

t.o ever

I'm

O.

sorry/

can you resta

the

question?

Sure.
Why did

you bel-ieve

that

Lhe

staff

needed

D
rro
! r
u Y v

99

"AIthough

rebuilding,

t.ime will

You're

piJ-1ar?

A.

Let

am in

losing

e process

a pi

l-ar at

of

this

be concerning

referring

me see

Let

to

Mr.

Perry

there

me rea

t g D .

\ : 2 .

v ^ q y

Now, in

that

10

said,

wetve

11

quest

to

T2

remember specifically,

13

had l-ost ?

prevtous

s ntence where you've

l-ost a good. amount o

uphold

I4

A.

No.

15

O.

Do you

I6

A.

No.

I1

O.

Okay.

and enforcing

remember

You

19

MR. YEREMIAN:

20

(The

hand

marked

22

Plaintiff's

23

and

24

THE WITNESS:

25

MR.

is

by

co pany policy,

what

that

document

2T

staff

you know, what staff

18

can

solid

the

back

This

YEREMfAN:

is

referred

the

do you
members you

court

reporter

68.

was subseguently

6B f

our

were violated?

E hibir

Deposition

Exhibit.

annexed

pol icies

in

Officer
r

as

ident.i-ficatron

heret.o.)
Okay.
Okay.

-)J-

105

O.

Do you recogni-ze

A.

O.

What i

A.

ftrs

a memo concerni

the meal period

and so forth.

O.

You drafted

A.

Yes

10

O'

A n d r -s t h a t

11

l
n r

T r
l L

appears to

I2

\ l .

I J

that. around

13

you drafted

t.his memo?

I4

T r

15

O.

And this

T6

A.

Yes

71

O'

And was this

1B

A"

Yes

19

O.

Why did

20

A.

We

our meal

breaks
on

trme,

n oY

- "

eminding

the

meal_ pe

iods,

and

the

nt

the

ext

of

staff
and

meaf

taking

period,

this?

your

handwri

be,

+ i ^ ^
Lrrrg

d L

that

y o u b e l -i e v e t h a t

the

top?

yes.

the

time

was directed

posted

you write

we

22

them were taking.less

23

a lot

24

to

members were not

than

to

on t

this

according

st.aff

O.

Kim?

s posslbl-e.

2T

25

cument, Mr.

about

drafl

do.

longer

this

taking

outside

outside

staff

desk?

m mo?
to

the

the
r

timesheets,

break:;.

Lhan 30 min Les.

3O minutes

staff?

so I

feft. it

some

Some of

Some were

taking

was necessary

up a memo.
okay.

106

And
experienced

Irm

what

observed

that

cau

O.

c o u fd n ' t
Thank
Are

managers

Trump

"Nothing
this

or

other

you

to

you

have

that

will

say.

aware

of

other

persons

Goff

CIub

happen

to

ccasions

speaki
have

you

o n b e h a l _f

tol

if

where

the

of

the

employees there,

speak to

anyone about

f a w s u i _ L ?"

"This

l _ a w s u i t"

I2

were brought

13

Mr.

I4

consol_Ldated into

Y e r e m i a n ts c l - i e n t ,
one

No.

I6

O.

Have you ever

I1

were sent

ouL by

18

employees

or

l9

discuss

20

No.

2I

O.

Are

22

taken

23

message

place

the

the

two

cases

Lucy M sserschmidt.,
perry,

Mr.

heard

indi

Trump Nation

managers

that

that

and

ha've been

ectly
1

Golf

that. messages
Club

wi

happen

con

ersatrons

"Nothing

to

to

its

you

- rf- y o u

case"?

you

aware

of

any

among management

shoul_d be

sent

MS. MARTIN:
attorney-client

to

case?

this

ref erring

by my client,

15

25

have

you

you

Nationaf

11

24

facts

rng /

10

you

or

asking

as

whether:

that

have

such

out.?

Obiect.ion

privilege

informa

D.a rr o

116

THE WITNESS: No.

2
3

O.
head;

BY MR. COWAN: you're

A.

The head pro

O.

You're

V a c

O.

To your

between the

are
in

is

the

under the

department

dep

head p

k n o w l -e d g e ,

general

you incl_uded or

when there

manager and
are

are

meetings

he department. heads,
j nvrted

you not

to

parti cipate

those meetings?

11

MS. MARTIN:

I2

THE WITNESS: It

13

O.
in

15

m e e t . t _ n g so c c u r

I6

r l

on those

d h f

O b je c t i o n .

meetings

and sometime

without

Lacks foundation.

varies.

BY MR. COWAN: So someti

I4

your

parti

es you do get

to

sit

y o u b e l -i e v e s u c h
ipati-on,'

i s that

pare for

today's

I1

1B

19
20

correct?

10

nsidered

Okay.
What have you done to

pr

d a n n q i l - i n n ?

2I

A.

Nothing .

22

O.

Have

23

you

met

MS. MART]N:

24

O.

BY MR.

25

Yes.

C O W A N:

with
Ahi

ont-

Mr.
i

n-

Ca ada ?
Asked

and

answered.

By me?

s Y v

TIl

THE WITNESS:
MR.

COWAN:

alF

rlr^ g
u l f

g u

(Recess
MR. COWAN:
Now,

O.

tlme

it

and

trme

10

that

you

happened,
the

you

you

manageriaf

Mr.

service

supe

staff,

rt'y;

point

given
ri

estimat.e

visor
d

you

for

that

as

the

was

supervi

the

to

when

vafets

the

sory

on

first

or

nht

Y 6 C

L2

a.

13

you got

You didn't

have any suc

thj_s promotion;

I4

A.

Yes.

15

O.

What

promotion

so that

I1

supervlse

the

did

you

re

you woui-d know

people

under

1B

MR.

79

THE WITNESS:

CABADA:

responsibilities

until-

correct?

t.raining

I6

20

so

record.

abl_e to

the

made or

responsibil

the

at

aren, t

became

were

on

Kim,

rea1ly

outside

when

11

so,

Back

eive

when

roperly

you

got

how to

you?

Objection.
"Training"

Vague
is

and

such

ambiguous.
broad

term

mean

2I

MR.

22

COWAN;

When

O.

23

education

24

can

remember

25

you

so

that

that

q : \ /

the

the
you

Let

me be

r r l -r l i n i n n
t! L !,v

golf

Vear
woul-d

mo
r t

cl_ub, whi

that

you go

know

how

to

q n A r i
F
" " t s

1 : i n

mean specific
hever
this
be

orre it

was you

promotion,
manager

who

gave
was

P.a rra

130

act:.ng

you

effectively

know,

3
4

being
Did

you

to

and
a

they

classes

in

good

manager.

give

you

A.

Periodically

O.

No .

cfasses

supervlsors.
you

10

got

for

MS. MARTIN:

diffe

Dld

questron.

you
send

Obi ection.

THE WITNESS:
BY MR.

O"
q l l n A r \ 7

NoI

C O W A N:

Iet

1 a ^ r

T6

Not

heads

specifically
you

Vague,

ThaI

Lo

and
when

any

asked

and

supervisor

in

addition

to

oth

Objection.

I9

MS. MARTIN:

Asked

20

THE WITNESS:

22

O.

at

that

the

24

you shadow him or

25

understand

supervisor

what

for

it

rec,a11.
been

the

and

can't

rs?

a
re

s w er e d .
af l- how that

time.

outside
her

di cj you be come

Vague and ambiguous.

BY MR. COWAN: Was there

23

have

someo e or

MR. CABADA:

transitioned

can

me back up.

Were you replaci-ng


the

Who wou-ld

1B

a 1

send

promotion?

department

the

they

and,

classes.

ent

and

Did

your

ve

policy

answered.

I4

11

now fo

promotion.

club

asses?

wi

managers

talking

did

with

cfasses ?

13

15

the
I'm

this

11
I2

they

I 'm asking
afl

any

conjunction

complying

for

servic
a day o

means to

be a

someone who had been


s who, you know, Iet
two

so t.hat you would

upervisor?

P
- *:: J r r o
."

131

A.

Not

2
3

that

ambiguous as to

supervrsor/

out.slde services

and

'r .' \ 2 .

Ir7^-^

10

A.

Yes.

11

O.

They

13

longer

T4

w e r e rt Lh^ -e- y

words,
when

I6
u

the

that

and

the

he

other

efp

of

va_l_et
va.l_ets and
yarnel-f

Scott

ri ght ?

1. ^,,
rf u w

other

s u p er \ 7 1 q n r c ?

the

they

were

sent_or to

got

can't

the

or

if

superv

the

we got

THE WITNESS:

CABADA:

By MR.

21

outside

22

Ocean Trails,

23

specifically

ambiguous,

ou?

They had the

an ' t

recal-i_ who got

job

of

them help

teach

did

you

CABADA:

asked

and

\/:nrra

No.
When you

the

whichever
give

MR.

O bj e c t . i o n

COWAN:

servi_ces,

24

In

be a supervisor?

19
O.

you?

promo ed consecutively.

BY MR. COWAN: Did eithe


to

sors before

promotion

recalf

MR.

25

is

the

1B

20

with

been

first

ugu

O.
J v

Vague

questio

had

you

a F ^ J

Vtrrv

ti-me.

Y 6 C

I/!

staff

Hernandez;

other

the.l-ast

this

bj ection.

you were scheduling

Braulio

I2

A bel-ated

aL

BY MR. COWAN: When you were

O.

I1

coul_d recafl-

MR. CABADA:

15

Trumn

ecame the
N Lional

oroa ni zar

any

trainin

Obj ection.

director

Golf

on it

was/

s for

this

Overbroad,

of

Club or

new job?
vague and

answered.

L32

THE WITNESS: Specificallv

O.

BY MR. COWAN: yes.

A.

Not

that

O.

Did

anyone

few

meant

days
to

to

sort

be

the

could
take

of

reca_l-f at
you

show you

director

meZ

of

unddr
the

this
his

ropes

outside

time.
or

her

about

wing
what

A.

O.

Do you have any unders t andi ng

l _e t

Earl-ier

as the

recalf.

today

you testi f ied

that

11

direct.or

72

schedu-Ling meal- breaks

13

supervision;

T4

V a <

15

O.

Do you remember whether

/ou started
I

Dave perry

)rs lawsuit?
t
ti _]u9.

before

of

or

outside

services
for

at

the

me ba ck

filed

A.

18

O.

Do you remember having

other

20

in

) 1

been filed?

can't

managers,

HR, about

A.

you sLarted

under your

correct?

after

79

s (r m e p o i n L
e m r[ l o y e e s

71

22

it

up.

10

76

servrces?

can't

for

the

recall

inctuding
need to

at

this

the

doing

.i ry conversations

S . r r +: r a l - m a n e r g e r o r

do this

that

with
people

)ecause Lawsuits
+

had

No.

23

MR. CABADA: Objection.

24

MR. COWAN: It's

25

MR. CABADA: That' s fine .

act.ua1lj

Compound.
disj unctive .

P: rro

133

Yes.

O.

Abfe

A.

O.

f l nv
u

to

yuu

Not

O.

Okay.

10

:nrl

l r ^e e^ , lu

LO

this

time.

ni

rro

change

your

of

best

testimony?

your

answers

from

earl-ier?

resume

at

Woufd
Trump

you

National-

superior

agree

that

th

Club

was

one

Go] f

worfd

cl-ass

experience

11

MS. MARTIN:

I2

THE WITNESS: yes -

13
I4

especially

15

it

I6

Mr.

because the

needed to

be the

Trump's brand;

best

THE hIITNESS:

2I

were

22

of

23

with

O.

BY MR.

were

you

tasked

having

dr r oq1- c?

with

And

and

other

the

creating

superl-at.ive

Trump

brand

24

A.

We11,

25

O.

Right.

provide

that

Trump's

name on

woul-d l_.ive up to

fike

Lacks foundatron.

yes.

COWAN:

the

to

correct?

1B

you

the

\/:nrro

so it

MR. CABADA: Objection.

20

wanting

cl-ub had D nafd

71

19

of

BY MR. COWAN: There was a notion

O.

it

Obj ection.

cu.l-ture at

it

this

wa

man gers
ex

experienc

of
to

being
think

your

the

perceptron

ancl employees

erience
that
best

that.

for

the

guests

would match up
possible;

we af l- try

right?

our best.

But

that

f h c r o

the

woufd be the
f a r

to

A.

yes.

O.

And

I tm sorry

correct

best

the

11

possible

that

meant

that

the

that

guesrs

experience

a golf

club

living

up

empl oyees

needed

neeced

come firsr

to

to

be
t

Vague.

Come first

in

regards

Lo

customer

BY MR. COWAN: yes,

in

5 r m q

n f

-v 1 ur cJ . F

v l L t g

service?
A

I4

Y 6 C

O.

15

guest

15

she

An

employee

j.n t.he middle

wanted

to

eat

couldn't
providing

of
or

take

Obj ection.

1B

MR. CABADA:

Join.

19

MS.

fncomplete

O.

By MR.

2I

respect

to

22

were tn

the

23

coufdn't

24

take a rest

the

COWAN:

you

because he or

rea k;

r j -g h t ?

Cafls

for

providing

walk

speculation

y p o t h e t j .c a l - .
un, erstood

it

employees who you I upervrsed,

middfe

simply

As

w a l _k a w a y f r o m a

ervice

rest

MS. MARTIN:

MARTIN:

ly

sim

I1

25

this

13

20

ide

Obj ection.

THE WITNESS
q A r\7

pro

Donafd Trrrmn name; correct ?

MS. MARTIN:

72

was to

10

goal

serv: ce to

away because they

with
if

they

a guest

they

wanted to

eat

or

break,.correct?

MR. CABADA:

Same ob;ecti

Il

Page I47

1
2

O.

MR.

COWAN:

Did

you

Okay.

ever

tal-k

with

in

{nVone

department

idea

applied

to

making

free

and

that

have

there
the

discussed

in

special

rur{s

were

employee

food

mear

MARTIN:

Obj ection.

MR.

CABADA:

Join.

THE WITNESS:

11
1 a

the

concerning

BY MR.

a.
fact

that

13

A.

yes.

I4

a.

What

COWAN:

free

did

the

breaks.

tell

MR.

Join _

I1

THE WITNESS:

20
2I

and

CABADA:

or

given

they

get

O.

BY MR. COWAN:

implications

of

that

23

THE WITNESS:

25

employees

BY MR.
get

thFt

they'Fe

And

did

Obj ection.

COWAN:

this

tal_k

about

hF

and

the

ernployees

certa-Ln
on
say

answered.

their

are

times

of

the

breaks.

wheir rhe

were?

MS. MARTIN:

O.

with

Sperandeo

Asked

mear-" ht

while

22

24

He said

employee
paid

Mr .

ambiguous.

you?

I6

day

cr-ub was

was made avail_able?

Obj ection.

I9

that

the

and

discussion

A rL d d i d

food

he

Vague

MS. MARTIN:

supplied

because

had

15

1B

conditions

the

available?

MS.

Tom Sperandeo

HR

conversation

or

rrefts

10

that

the

free

Vague.

"Implicati$ns"
In

other

food

and

as?

r,,[ords, because
$ecause

they

the

get

paid

151

and

don't

Mr.

Sperandeo

present?

clock

out,

--

therefore,

what

hat,

concl-usion

MS. MARTIN;

Obj ection.

MR.

Join.

THE WITNESS:

the

while

food
on

and

a.

10

whet.her

11

A.

No.

I2

O.

Did

whether

I4

was

15

affected

free

that

their

13

CABADA:

Lhe

they're

break,

BY MR.
that

Did

about

you

ever

have

that

the

he

an

the

meal- break
Obj ection.

I1

MR.

CABADA:

Compound.

18

MS. MARTIN:

79

THE WITNESS:

20

O.

2I

that

22

not

23

to

24

leL

25

BY MR.

because

only
eat,
its

free
that

the

food
it,

but

Can you
Did

cl-ock

their

have

re

break.
about
could

be ?

a b o ut
t.hat there

to

cl-ock out

be ?

you

hrase
er

National

G 1f

al_so pay

therefore,

CABADA:

oul-d

did.n,

employees have 30 minutes


MR.

on the

Vague.

COWAN:
Trump

paid

i n v o l -v e d

didn'

M A R T I N:

ambiguous

th.at we supply

erstanding

break

M S.

and

ong t.he break

un

I6

Sperandeo

y anything

did

fact

tutes

how

employees

how long

th

anyLhing,

Mr.

Vague

consc

affected

and

did

gettin

that

COWAN:

fact

food

Due to

if

Same obiect

it?

come to

Repeat it?
bel_ieve

Club was providing


time

being

necessarily

provided
have to

1
)

O.

BY MR.

COWAN:

hey were taking

that

pini

A.

Yes.

O.

When did

A.

After

O.

And

me rephrase

you form

my conversation
as

best

you

can

wj th

conversation

10

A.

11

O.

Was Mariel-a Fariel_as pre

I2

conversatron

13

A.

Yes.

I4

O.

Did she say anything

can't.

recal.l_ at

took

with

Mr.

71

O.

She did?

1B

A.

(No audible

19

O.

What did

20

communicate

2I

Mr.

to

this

who was the

to

Sperandeo's sta

Confirmed.

25

let

ent

when that

place ?

A.

24

t.his

manager?

I6

23

Sperandeo .

when

t ook place,

general

22

Thomas

that.

When this

disagree

on ?

rem mber,

15

a meal

break?

when

ither

confirm

or

e m e n t .?

response. )

she sdV, as bes

you that

you remembered, to

she was c nfirming

what

Sperandeo had said?


A.

Mariela
O.

AfLer

asking

and Mariefa

Mr.

Sperand o,

concurred

tha

he then asked

that

is

true.

Okay.
So she

so

basically

fet

me make sure

f've

you rre

what

abfe

A.

No.

O.

Thank

4
5

Have

about

the

to

give

me here

you

ever

.LSsue of

overheard

meaf

Obj ection.

MR.

Join

THE WITNESS:

O.

11

Mike van der

I2

brea ks ?

Vague,

speakinq

overbroad

Not

that.

BY MR. COWAN: Have you

13

MS.

I4

Goes talking

MARTIN:

cou-l-d reca.l_f

about

ver
t

Same obj ect

THE WITNESS:

at

this

Not

t.hat

heard

e issue

of

meal-

v l l D .

could

recal_l_ at. Lhis

time.

I6

BY MR. COWAN:

O.
LiJ-y

Amini

talk

about

1B

MS. MARTIN:

I9

THE WITNESS:

20

Confort.i

time.

10

I1

CABADA:

Dave

breaks ?

MS. MARTIN:

15

rr ?

you.

t n d:

Did

you e er

hear

meal

brea ks

Same

nl-r i a a t

n n q

L l l q

could

Not

about

remember at

this

time.

2T

O.

22

Mr.

23

rest

BY MR. COWAN: Did

Conforti,

Mr.

Van der

you e er

Goes or

hear either

Ms. Amini

talk

about

breaks ?

24

MS.

25

THE WITNESS:

M A R TI N :

Same obj ect


Not

that

n n

could

r e c a . l - l _a t

D -

this

^ ^

rdgu

153

t rme

MR. COWAN:

O.

meal- or

testrfied

Did

you

rest

few

hear

other

Not

O.

You prev:.ously

that

asking

10

to

11

testified

you about

not

Then

testifie
at

one

time

let

poi

me back up.

earlier

today

was

you ' ve

meaf

rememb T any

you testified

that. you

feast

and
such

have

such a break and you


that's

My question

for

what

you is:

tol_d an employee they

that

this

reak,

at

1B

reca_l_l- a t

denred

break or

ago?

gettrng

I4

I1

already

complaining

take

have never

you've

w at

about

employees

Lo

I6

taf k

service

permtssl-on

15

coul-d

F a r i e _ La s

outside

13

iL,

than

you didn't.

that

T2

Yeremian

you about

Marie

minutes

A.

Mr
9

ever

breaks

to

Okay.

you just

don't

been

said

notes

events.
asked

you

for

never

ref l-ect.

you

sure

that

oul-dn't

take

a meal

Are

you

reme ber?

M S . M A R T I N : O b je c t i o n .

Asked

and

answered,

79
20

MR.

)1

THE W]TNESS:

22

CABADA:

Join
don't

re

ember but

it's

highly

unli-ke1y.

23

24

came to

25

your

BY MR.

you

COWAN

and sai_d,

answer was "Not

Is

rt

1l

pos ible
take

th;rt

somebody

a meal- break? ', and

now/ you can have one l-ater" ?

D:rra

r64

of

how long

your

breaks

I'm

What did

your

sorry,

were

I tm getting

they

meal breaks

our

rest_ brea ks?

rred.

do as to

eep track

MR. CABADA: Objection.

MS. MARTIN:

MR. COWAN: I'lI

withdr

At. the

you we e a valet

O.

your

11

meal- breaks

supervisors

Speculation

Join -

t ime that

Trump Nationa_L Golf

10

Club,

dolng

to

to

w and

you

keep t

13

O.

Do you remember whether,

can' t

r e c a l _I

I4

there

was any system in

15

as to

how long
A.

I1

O.

As you sit

you could

can't

supervisors
take

place

so

here

this

of

the
what

how long

30 minutes

2I

O.

As you sit

recalf

were
your

22

remember what. your

23

to

24

break

25

when it

was appropri_ate

today

at

to

take

odaa

keep t ra r:k

me.

to

you that

brea]<?

M F

Lhis

time/

we e doing

to

can you
communicat.e

ten-minute

you know,
to

l.-'^,,I
^rluw

Jvu!

king?

a m al

supervisors

when you were

l-^

c n you remember what

this

you were entrtfed

mF

co municate

for

at

here

to

'I

hey could

today,

were doing

A.

you that

thi s t

recal-l_ at

20

can't

at

a break you were t

I6

19

at

were?

A.

your

rephrase.

knowledge,
ack

T2

18

how long

were?

of

was your

rest
turn/

Page L9I

A.

real1y

M S.

THE V{ITNESS:

MARTIN:

BY MR.

O.
your

supervl_sors

that

for

every

fufl-

ten

minuLes

A.

Correct

O.

And is

it

valet,

11

received

I2

breaks

13

the

four

can't

call

So you

ve

doing

hours

for

true

Vague .

to

you

rest

wo

brea

that

at

writing

about

To t.he best

of

in

MR. COWAN: I

15

MR. yEREMIAN: Neither

I6

MS. MARTIN:

No question

I1

MR. CABADA:

1B

MR. COWAN: So let

I9

So when the
the

L L

a 1

Iawyer at

which point

22

under

Code of

transcript,

23

the

At

don't

that

Civil
point,

about

25

weeks from now/ probably

for

a minute

you

that

breaks

were

you

or

meal_

employee handbook?

have any further


d

questions

I .

me pr
renclrt

send it

pose the
r

st.ipulation.

finishes

irectly

to

she wifl- be rel-ievecl of

24

this

that

take

have no q e s t i o n s ,

court

she will

time

what

my knowl_e 9 e , y e s .

I4

20

to

understood

could

ny kind

the

as

you

you

rest

time.

memory

- nr YF- l

he

taking

information

this

sure

ked
:

at

no

m ke

communication of

was the

A.

were

only

in

COWAN:

10

Obj ection.

preparing
Mr.

Kim's

her

duties

procedure
Mr.

Kim

welf,

because r
werre

at

atrs
the

1.et me think
g o i n g to

end of

be two

June.

P:rro

L92

,*.___..-*_-__
A606ICB

JULY10,2012

LFTTERfO DEPOSITIONOFEICERGRRATA
SHEBT

DBposlrrroN
or: Joc,l beoo K} .
DArEOFDsPOsrrioNr
SuA(, 72, LolT

casr:$ C 4OSDg-|,
conso\i&{a,l,,oi
The follouing ereOreconccdonswhiehI hapemadcto
my

CORRECTION

Ploaroeignyour nameanddatcit on lhe bolowlino.


As ueerted,

a1a,rigrring,
cachpage.If youUave
oo
pfi*i
$firsand
dstq
"onoti.*,
x,turntbispagc.

' E)GcrnBD
*ro t .8,. .% *,
otRr.*rcr+o
Ptros\Ja* qS

(Signaare)

additional papcolto nota corrccfiqnq

tethewordnilone"sbbveandcigr,

2oJL,,

PagelLine#

Correction

P g .5 : 1 9 .

'J-O-E"
Ch,ange
to "J-O-E-L."

P9.28:7

Change"I don't" to '.MarielaFarias,,

Pg.28:23

Change "No" to "I recall receiving training v

Reasonfor Correction
Namemisspelled
Clarificarion
phone call

from Nova Time in thepresenceof Mariela F rias and John

Corcy."
Pg.29:7

Po )Q.1'7

P9.35:6-7

Change"No', to ,,I recallreceivingtraining


from Nova Time.',

Clarification
phonecall
Clariflrcation

Change"beyond" to "before,'

Clarification

change"informalpolicy" to,.informal

Clarification

P g . 4 11: 1

change"he"to "the"

Typo

P 9 . 4 1 : 19

Add "But they are still paid during their meal

Clarification

Po 46.1\

Changeto "yes.But schedules


showingmeal
about2 yearsago."

Clarification

change"on-site"to ,,off-site,'

Typo

Pg.60:36:

P9 . 7 5 : 13 : change"he" to "we"

Typo

P g . 1 4 2 :1 8 Change"I can'trecall,I'm sorry"to ,'yes.I kne of it by


thal time
aslong as managerwasnotified.,'

Clarification

Changeto "yes" to "yes. Baseclon this


versation,I
believedthat the club paid employees
d ring their
meal periodsandprovidedfree food.
Club alwerys
made30 minute mealperiodsavailable
this conversation
did not lead
me to believethattheclub was notreoured to do so."
Clarificacion
Pg. 178:i6,

"have',to .. had,'
Cha.nge

Clarificarion

Exhibit F

Tell

O.

m e w h a t k i n d o f c r - a s s e s i n l l u m a nR e s o u r c e s

you took at George Southern University.

A.

S o m ew e r e l i k e

unions and stuff

but

t)

was going to

was working

O.

A.

My career

10

t.hat's

nrnrltrnf

like

one of

that.

It's

them that

been many years d9o,

comes to mind, because I

focus on where my dad's


for

production

career

and going

am sorry,. what was that


was going

was

he

fr.om there.

about your f ather?

t.owards working

for

-^ n- h, .l , p a n y .

i nn

11

O.

h]han

I2

A.

M : nt t f : nt r r r i nn

13

a.

Oh, different

74

col_lect.ivebargairring, Iike

rr
vq
j\ / A

qr
-*J \,

ltnrndrrnli an
1l!vuuuLrL.rtll

ll

terminology

' U
y. ,O

mean

out here in

Los Angeles.

15

A.

Yeah.

t5

O.

How many business cl-asses do you think

L1

in

1B

liberal

19

literature

the

course of
arts

getting

classes,

your degree,

like

and history
I

2I

O.

How many classes

22

issues

23

A.

Coul-dn't tell

24

a.

Do you have any idea at

25

A.

know.

you take,

and

and government?

A.

did

as opposed to

math and science

20

don't

you took

don't- remember.
relating

other

to

employment faw

than col_Iective bargaining?

you.
al-f ?

woul-d be speculating.

Depositionof ThomasF. Sperandeo


20

or breaks?

A.

No.

O-

Was there

I^lcro

law about

q1_rrri

.l^"^

in

was at

you were

MR. COWAN:

yeah,

at. Goodyear

in

THE WITNESS:

we ard

Georgia,
You are

about while

he

talking
back

tallking

about

while

then.
about

on my own?

BY MR. COWAN:

15

A.

On my own, none.

I6

O.

At

the time you were worlking as a store

I1

in

1B

under either

federaf

T9

meal or rest

breaks?

Georgia,

A.

to

your

donrt

knowledge, were there


or

state

recal.l , but

law that

were because we had to make sure they

22

lunches.
O.
gett:.ng
A.

So you remember monitoripg


an opportunity

to

take

if

manager

requt-rements

employees receive

I would think

2I

25

st.ate

Goodyear?

On your own.

24

or

vague and ambiguous/

to be cl-ear/ we are talking

O.

23

fecleral

the #orkplace-?

Objection,

I4

20

to make sure you

d e v e ll o, p m e f i t s i n

nf

discrimination

Just

I2
13

of

l-nn

you 4id

overbroad.

10
11

top

An

MS. MARTIN:

B
9

-n

nd

anything

took

that

there

their

employees were

luhch?

Yes.

Depositionof ThomasF. Sperandeo

2B

O.

Anything

Doing

to

payrolf

and anyth

Tell

O.

payroll

A.

at

me afl-

the

It

call-ing

you

coul_d process

payroJ-1.

them

in

the

payroll,

O.

74

or

needed me

involving

like

t. me punches

nho

so

--

e and
as

fif

through

so

that.

ADp

way,

actual. 1y processing

y employees at

that

rest

No.

l5

O.

D 1 d t.hey invol_ve

employees in

any

A.

No.

I9

O.

You were strictly

the payro11, getting

23

posit-ion

24

payroll
A

their

meal

managin

or

supervising

way?

18

0.

w re getting

breaks?

A.

incl-ude making sure

t.he workers

15

25

ibllities

Did your responsibiliti

or monj-t.oring that

22

they

time.

13

1 1

efse

Gol_f C f u b .
the

over

There was only

72

20

respon

was cotlecting

and

10

your

Ocean Traj-ls

I1

ng

clo.

11

else?

it

just

p ocessing

and handling

done?

Y A C

How long did

you hold

where you were doing


responsibilities

that

That position

grew to

th

staff

gen ralyou just


as

accountant

accounting

and

the

described?
they

opened

up and

Depositionof ThomasF. perandeo

35

than

handbook

giving

people

that

contained

A.

Nothing

O.

So by

testimony

happened

you

you
--

became

who became em

else

this
I

the

control-ler

A.

Right.

O.

To what extent

r0

include

at

did

the

your

HumanResources responsl

1l

A.

Can you be a I i t.tl_e cle

I2

O.

Qrr ro

13

Let's back up.

I4

You have worked at

15

later

T6

Trump National

assumed responsibility
Goff Club,

I1

A.

Correct.

18

O.

So when I

.t 9

understand I

20

treatment

27

A.
being

23

as a wttness.

disciplined

your

when it

a nu
for

cean Trails

uties

as

2000,

Club?

controller

ifities?
rer

er

on that?

of

cl-ubs/ and you

uman Resources at

the

right?

about iss

and managementof

22

tly

renember

say "Human Res urces, " do you

am talking

As far

somett- e around '99 or

think

uage in

200

remember exa

you

but

^n

did.

appro.ximately
donrt

fan

I nrrcd

as my rofe
or

O.

At

Ocean Traifs?

25

A.

At

Ocean Traifs.

rao:rrl'i

na

-ne

1 -l

emplo ees ?
was to

something 1i

24

Fq

sit

in

if

e that,

Deposition
of ThomasF. perandeo

someone was
I

would

sit

in

Other

O.

than

to

sit

or

otherwise

reason,

Resources?

A.

nrncaqqorl

company property,

in

O.
involved

11

you

I2

data?

I6
I1

have

A.

v,ritness

g wood-stredded

coun eled

for

J u s t m ak i n g s u r e t h a t

eir

if

that

we got

th

To be cl-ear/ your payro


taking

the data that


it,

so

not

questi

would

sign

or

f ired

Human

were

anything

t. back
' I
r

with

paychecks

they had any k ys or

who had

whatever

vofvement-

from

^ - ^ ^ ^ - - . i
Pr uuEJJf

nr-ng or

of

them.

- ^
ltg

body efse

else

- j m n l . ,
5rlLrPf,y

was giving

analyzing

the

Correct.

process

O.

Ocean Traifs

was/ at

Correct.

19

O.

And at

the

controll_er

time it
of

A.

Yes.

21.

0.

Had your duties


as you just

tz
J

+ L ^ f
L r r d L

^ r . - c E
S L U I I /

acquired by

/v- va rr InJnUr :r{ a- L r u l l / j n n

was a quiredr

the Ocean Traifs

2I

they still

on all

point,

som

DonaId Trump's company, VH proper

sti-11 the

ff

it.

A.

23

ignated

1B

20

or

any

The managers
would

de

other

and processing

74
15

you

did

the

semeone was getti

discipllned

rnr{

10

13

when

beinq

changed

described

lou

were

Club?

n any way or were


moment ago?

24

A.

Still

25

0.

A s b e s L y o u r e m e m b e r , w h n did

the same.

Depositionof Thomas

!r ri g l nr 1L - ' + C i

the

perandeo

Trump

tn

hc

nri

r z : 1 _o

Got you.

O.

Was it

your understandi

bought Ocean Trails

c^ . x' . ri - s^ fL r . l: t^ g^

being

s- LL^ a- c I r /

fet

or

go and

A.

know right

place /

10

O.

Who told

11

A.

ActualIy,

I2

bought

13
the

15

that

kept

they

1B

l raltLC

rca

19

w c1>

us

vou

worrl

ed about

being

a m ssive

about

he didnrt
all

on

hat,

be keeping its
everybody

turnover?
but

they

fet

ave anybody to

us

take

our

st.af

you that.?
they did,

had

you

building

a big

whe

they

came in

and

meeting

say

"they,"

remember

spea

f
'l

am asking
naf

nr

who are

- Av m
u
r rmu rLr rnui l l r 9 onL: at -t I g i n a

the

came down that

course and finishing

Vinnie

Stillio

Qn

kept your title,

\ r nv rur
v

--

Ocean Trails

2I

oing to

There was a VP that


af

was

you?

A.
cha

that

And when you

to

I1

22

us;

it

worried

there

individuals

16

20

always

so he

O.

I4

were

there

that

g t.hat when Trump

Tell-

was in
it,

and his

nd at

t.hat time

O
v uc so a: nl l

was

l-et me back up.

me what kind

of

off

rr 'a1r rnvdr e

were

the

e --

rfrl!of

I ^
f,J

had.

23

fn

24

busrness

25

holes?

for

other

words/

people

to

come and g ]f

Deposition of Thomas F.

was rt. open for

a certain

number of

the best

provi-ding

golf

club

of

its

kind,

s opposed to

good Customer Service?

A.

Yes, even before

he bou h t u s .

O.

That was part

the cu ture,

simply

of

trying

to be the

best?

A.

Yes.

O.

Were the

Our prices
prices

high

en

Y A C

After

O.

Trump bought the

10

became the owner, did

11

emphasis or priorities?

I2

A.

No.

13

O.

Was anything

I4

l_o

15

re ce i ved?

tv^vl rhr nv rmr r

dictat

y\ /v^ur r

you become

ware of

different,

ther

--J
dIlO

r aS nI Jn Ur tI sL ^e l( J
T

ean Trails

rL^
tne

Club and

any changes in

than the person

on the paychecks you

name

I6

M S . M A R T I N : O b je c t i o n ,

verbroad.

71

THE W I T N E S S : T h e o n l v r

ing different

1B

we had more money to

19

BY MR. COWAN

20

O.

27

to

22

f:nconi_

that

23
24
25

Let 's
in

a
Iala

you know, f o r

come back

c a n n n i
J ! U V l l U .

hlcFo

Ly lV^ C

i- :

lzi

n^

Trump becomes
Ocean Traifs
posltlon

Club;

Trump

repairs.

for

a se

ond --

.f .r -^- t

af f

n a litt]e

ahnrrt

r7

ur

was that

I wil-L oer har-k


bit

of a

employment history.

you are the control_Ler at


l-rrrr;q i i-'
4

the

you reta-Ln your

as controller.

Deposition
of ThomasF. perandeo
A A
: U

At
re.snon.sihi

A.

I i f i cs

Only

responsrbil

IT

some point./

the

responsibiliry

or

O.

A
r o q n n n q a

for

f ar

for

as

years.

Qn

l-ri

'l

like

c
per

IT

1-rrr

or

on your

s taking

on more

puters

and being

the

on.

o n initiative/

t h e I T and co

four
hi

title

aS far

in-house
you,

your

Probably since

A.

roqn^nqi

as

When did

A.

a ?s

on my own/

r-ty,

person

three

c rhr a: rnr vn
u

did

uter

assume

issues?

he bought uS, over the next

you volu

lp- .Li u+t

arj-ty

assumed more

i t.,r

Yes, in

order

to

save m

ey

and have

a faster

l - r m 6

O.

A nr z t hi nn

ol qa?

A.

Not that

O.

At

can remember

some point/

did

you

a sume responsibility

HumanResources functions?
A.

Yes.

When did

that

A.

When the

general

O.

Do you

A.

She was terminated

Do you know why?

A.

No.

O.

Do you remember when tha

happen?
manager

know why she

Ewa Hijak,

left

Depositionof ThomasF. perandeo

left

A.

That was July

O.

So,

haff

after

in

of

fact,

only

Trump bought

6
1

l a v v ^ ^ +
u u ! ! g L L .

O.

Tell-

A
the

There

uvrrrlJ

dltu

l-ine to

d. J__L

take

of

Ocea

to

Trails

a year

Golf

and a

Cfubr

lou

fities?

came t

h o

: f f a r

a a n a r r ' l
v s r r s ! o a

was fired?

was no one

experience

year

responsi

me how that

Ewa Hijak,

m : n z d a r

about

the

assumed Human Resources


A

2003

el-se to

me doinq

+ 1 , -- r

heafth

.EE
L r r d L s^ rt, u
II,

over

rightfuJ-

or

the

was

take

care

of

benefits,
f h a

lu

so

Workers'

n c v f

person

it,

n a r c ^ -r -

r--

that

;l

1n

cou.Ld take

over.

o
the

Did you vol-unteer for

Trump Organization

sdV,

th

essen

s or

did

ia11y,

somebody from

"Tom,

you

are

uptt?

the

Pretty

Who told

Just

am up.

you that?

the New York lawyer

management

much, I

and counsel and just

j_n New york.

Who told

you

to be assume that

specificall

that

you were going

responsibility?

The general

Who was that?

His

He was in

manager

name was Craig

at

at

time

Saman

New York?

Deposition
of ThomasF. perandeo

with

Vinnie

Stillio

in

O.

Was he

A.

He was working

Swiss

Flrst

originally

your

the

Trump Organization

for

this

other

A.

Righr.

for

the

course.

out of New york?

based

ortgage

the

knowledge,

building

company, Credit

Boscon.

So to

O.

finishing

Mr.

or VH pro

was not
rty

an employee

Corp. ;

him,

an

10

work at

our golf

11

Vinnie,

because we had a l-andsl-i

course to

finis

then
the

he

came our

O.

Then, when his

13

A.

Correct .

I4

0.

Do you have any idea wh

e he went?

15

A.

think

he went back to

ew York.

16

O.

So Craig

Samandil told

I1

about July

1B

responsibility

2003 that
for

I9

A.

Correct.

20

O.

At

that

2r

Human Resources

22

already

23

A.

No.

24

0.

Did the

25

you to

nded,

y u at

you were

HumanResource

time,
or

contract

had

employee

\ , 7- . )- 1 t
J

rA

'i qqrra

oing
at

ro

construction

I2

told

he worked

mortgage company?

Trump hired

of

with

he was gone?

some point
to
the

assume
cfub?

ived any traininq

Trump National_ c 1f

any training

when

in

beyond what you have

me about?

receive

of

Club arrange

hey gave you this

Deposition
of ThomasF. perandeo

for

addj tionaf

responsibi_l

A.
O.

Ltlh:t-

A.

We had brokers

f9 I rq lr ir na ri rn] ^Y r;

that

_ r - n s u r a n c ec o m p a n i e s t h a t
6

managers

\7Aarc

trarn:-ng

What was the

A.

O.

Sorry,

Toni,

O.

Last

Shibayama.

0.

Your best

.i ,.r^ ^

top

name of

j_t was --

w a s S & K Financial_,

A.

were oi

on varlous

guess

of

name

from our
our

cs throughout

Tr !r ur rrm
r rnl J

:q

l.nni

the

broker?

lJ-J' nU"U
^ l9- I. Ir L

US/

ral ]r -r vi 1
a y. . - . , -q-l -t t d .

T-O-N-I.
name?

guess at

no clue.

how t

s p e J - J -t h a t

S-y-M

T !

r _ t t ' s- S & K F r n a n c i a l

giving

ing all

insurance

th

when

so her

coming in

woman --

the

have

lVas she the broker

O.

wer

is

I
th

or th

don't

name of

name?

have any
her

company

person who was

t.he presentati_ons?

Bot.h.

O.

These presentations

A.

Anywhere from coaching

required

tra rning

to

would cover

those

discipline,

anything

whatever

topics,
else

pert
t

we

ined

to

sexual

sked her to

from d.i c i p l i n e /
like

th

harassment

t.

Depositionof ThomasF. perandeo

do;

she

progressive

'l-

-n

in

O.

Did

r \za

those

you

ever

kinds

A.

No,

O.

Did

you

A.

No,

she's

a.

Did

you

a q

in

fearn

were

ns?

remember.

ever

hear

not

ever

college

qualifications

er

presentati

of

donrt

what

that

lawyer?

a lawyer.
hear

or

s e was a

that

obtained

s e had
som

sort

studled
of

those

certification

them?
A.

She does

remernber what

have

a certific

certifications

donrt

they

There

is

a certi fication.

So she obtarned

cert:Lf icate

regarding

some sor

HR topics,

t\.

t1 avv^^+
v u ! ! s u L /

How many hours of

af

danrao

rt

\/o1tr

dir]

Ar

ttndorel-

:nr.l i nn?

y E J .

M S. M A R T I N:

traini

\f / v^' rr l

- ^g^ ^ . i , , ^ .
L
Ug A V C

Object ion /

MR. COWAN:

Let

THE WITNESS:

to

trme

me rephr

Thank

you

given

this

BY MR. COWAN:

O.

When you were

HumanResources, approximately
training

did

you receive

at

ho

or ar

new

resnonsihilifrr

m
,an\/
" ' * " J

hnrrrq

und the

nf

i:ime that

assumed t.hese responsibilities?


A.

We tried

to

do at

l-east

not more.

Depositionof ThomasF.

lr:r1-Frl

rz

l*- *
r a*i

of

- .n. 1 h 9 ,

you

1
2

Thank you.

O.
drfferent;

Irm sorry

A.

Uh-huh.

O.

general

matter,

t.raining

every

the

Correct.

O.

So about

nro<ant.

:J- i ^n

f Of

11

O.

My question
Because

13

Resources

I4

that

15

and properly

16

immediate

I1

day

rights
carried

feast

19

your

a a
ZL

No.

ft

from the years,

23

just.

now that

ettrng

as

some sort

of

mo ths,

therets

some sort

little

i fferent

putting

you in

responsi

employees

out/

did

the

firs

education

so y

for

Human

making sure

bei ncr nrnteCted

grve you any

you wo ld
the

charge of

ility
re

be able,

r-otinl

nf

if

not on

ulecLq

rhr :q r

u cou-ld properly

zv a9

do

j ob?

A.

l-roi

you

within

some knowl-edge and

1 1

so that

1B

20

say

more clear.

rm
r laa n
r la
q 9c vr re r s r

are

of

training
at

to

somethinc; a littl_e

ma e it

three

is

they

and giving
the

you

tLhr res

Right. .

one,

didnrt

every

A.

all

company was

10

T2

aqlrin^

quarter.

A.

nf

:m

understood

nn

was just

experie

you know, going t

ce

that

rnrrah

iha

already

had

--,..r-any /

^nhh

l- hara

fl

\2.

24

narf

25

provided,

rQun

ir-in:ta

y\ t (^ Jt l*

in

but

j-hcn

fL hf ri rsr

there

honrn

a
y ul ql e
r r t e
u sr !' l lJ

was no

wgtg

-L- 1 ^
aufu

to

rz f r:

n
inn
" ' " 1

1_h:f

tr:q

specia

I r:

yOU

i n i nn

Depositionof ThomasF. perandeo

ni

l-rai nn

rron

f n

you beyond

that;

is

.A

Correct.

o.

Before

were

sti-ll

you

the

training,

correct?

assumed this

controfler

So were

that

cqn.ne'i

hi

i i ttt

, yoU

VH p operty.

at

you getting

expo

t-o thi.s

.rr^rferlrz

anyway?

A t

homat^rork

ni

g D

f h i e

1 |

rrlaq

l-hara

a
- 'v

gr

rzon?

A.

Yes.

O.

So the

qnmolrndrr

rL -r -q .r it -l fi

d r r : r fuE
o rr rl yr r
Yuqr

f rnm

quarterly
.(. V
..,

J-hi

trainin
c

r,^,r_n ,r n a n

J
u p a- ^ n
o -g. .Ji --. v. i J- _ n gy o u a p r e s e n t a t l o n

woul-d consist

of

nni

(hih:rz:mq
ar!rq
urrrvuJ
/

hat

l-asted

- II "l U
^ 'W
'.1 ^^
D
Itr9

how many

hours ?
MS. MARTIN:

verbroad as to

Objection,

THE WITNESS:

ft

just

va

ied.

ran

e as

time

BY M1]. COWAN:

O.

What was the

presentatrons
A.

About

O.

So somet.imes a ]ittf

23

two-hour presentation

24

h:cl<

typicalfy/

rznrrr

her

two hours

less but,

l_n

how long

to

lasted?

))

25

tvpica]

ronrrIrr

e mo e ,

sometimes a little

s h e w o u l d s h w u p a- ^nJ c ^g. ]i v. . e^
and leave,
rnrrl- ino

coT

nd

\/^rl

f nllrc

ect ?

Correct

Deposition
of ThomasF. Sperandeo

a
urnrrIrl

d^

O.

Which one?

A.

the

4
5

don't

remember

Was Mr.

Nationaf

Fleck's

Golf

Ctub?
have

A.

They

O.

Were they

if

Iegal

in

faw fir

a law

firm

issues

came up?
beginning,

A.

At

10

O.

That

11

A.

Yes.

72

a.

When?

13

A.

Probably in

I4

O.

How did

15

A.

We had more access to

16

O.

So you started

the

law

firm,

for

the

but

changed at

it

counsel

Trump

th

you

wou.ld deal_ with

yes.

some poi

,06,

,OJ, ri

hf

rrarrnr.i

i -

] I I

tL sI ll E- ^L E- ^

change?
co nsel

consuftin

in

with

New york

New York

lawyers ?

18

l\.

Yes .

I9

O.

Did you ever learn

20

the

past,

the

I1

e of

name was pauJ- Fl_eck

lawyer's
O.

t.he na

were ai_so licensed

2I

A.

don't

22

O.

am not

23

conversation,

24

did

25

q.t.:1-rrfaa2

but

that

to practice

hose New York lawyers

la

in

Cafi:fornia ?

know.
asking
did

you for

he specifics

those lawye s say things

you ever hear those lawyers

of

any

to

you

d scuss Cal_iforni_a

Depositionof ThomasF. perandeo

5B

1
2

MS

MARTIN:

Donrt

BY MR. COWAN:

California

answer

you

Did

O.

that

ever

hear

MS. MARTIN:

those

awyers discuss

Objection,

ttorney

/ cf lent

of

lawyers

privilege.

Donrt

10

BY MR. COWAN:

11

a n s t ^ei r ,

Do you

O.

T2

New York

13

afLer

that

you

have

you

names of

used

stopped

to

using

any

speak

Mr.

A.

One was Berni_e Diamond.

15

O.

Who?

L6

A.

Bernie

Diamond.

71

O.

Anyone

ei-se?

rB

A.

Jason

19

Is

the

for

legal

tn

advice

s l-aw fi.rm?

Greenb.l-att.

that

how you say his

20

O.

Anyone el_se?

27

A.

Michael- Boccio,. is

22

a.

Anyone else?

23

A.

24

O.

To your

with

FLeck

I4

25

c l _i e n t

cases?

1
8

ttorney/

privilege.

Objection/

believe

that's

that

is

name?

it.

knowledge, were

the Trump Organization?

Depositionof ThomasF.

hese

lawyers

in-house

rY^ rt nv sr rr 'vl

.l

\rn1r
y v s

ry. rv ^vr qr ' rl u

How often

E D

on

hrrf
y u u

A.

for

then

-]

at
you

take

these
would

She always

gave

ntati ons thats & K

ceive

hav

fi_t.erature

occasion

to

stuf

to

back

flrrt-

i terature ?

us

refer

that

study?
to,

rFqnltr-aQ

o.

And

Sure.

O.

Where did

10

A.

At my desk.

11

O.

What happened t o

I2

13

did

you?

you

guess it's

kcen

it

still

afte

drr i -L

vJ \ o7 -l l

lefi-

Tr r ru rr rr rm
y ,n ?

there

MS. MARTIN: fs this

a g od time

to

take

break?

15

MR. COWAN: Let's

15

(Recess taken. )

I1

you

home and

I4

pres

take

a break

now

B Y M R . COWAN:

1B

O.

19

We took

a brief

S un eo rr oa rnr du as nu /
u

Mr

break.
afe

yOU

i11

feefing

20

Yes.

a 1

Do you need or want t.o c ange any of

wel_t-?

your

a n s w e r s?

23

A.

No.

24

Did

25

l.-- ^1.
uou^

your

responsibilitie

as the

let

me

,,^
uP.

Depositionof ThomasF.

50

payroff/

the

processing

O.

Anything

A.

No.

O.

So it

accurate

not

t.hat

you

assumed in

became t.he director

were Workers'

Insurance

of

is

HR at

Correct.

11

O.

When you

72

A.

That

13

person,

74

woul-d check

15

col l-ecting

aI I

I6

say

sure

I1

dist::ibuted

1B

m i s s - i - n gp u n c h e s / s t u f f

say

what

that
the

23

One was Ethernet.

24
25

a.

fn

were wor king,

other

and

e did

her

as

job

far

and

as

out

on t1me,

ssues

wi l-h the

Making

two

had a payroll

A.

I l r l eh a d

checks

like

that

they

CIub,

mean?

t.he

20

22

that

ocks,

What do you mean by

make sure

Gof f

O.

nrrt:da

that

the

managers/

sure

any

have

would

c_Locks

that.
"iss

they

clocks;

es with

ha e --

'Lhe

we have

cr-ocKS " a

power

y backup "

batte
makin

sure they all

work

one was mode

words,

it's

:.ssues and health

she was do n 9 ,

the

me if

when you

hat. does

"

that

punches ,

the

2003,

Natlonal_

processing

the

after

of

Tru

"payroll,

I9

2I

u v r r r l r o t- r- f g >i ^ ^

correct

wou_Id ensure

to

sponsibilities

payrol

that

A.

making

n^rzrnl

and tell-

Jul

Comp issues,

10

nd

sa

approximately

tssues;

and

to

Human Resources

is

'i

else?

is

the

and shop

making

re

that

mechanically?

Depositionof ThornasF. perandeo

i:he

cl-ocks

A.

Correct.

0.

Woufd it

be accurate

it's

of makj_ng sure

and processed correctly

the employees in

1
B
9

not

that

that

O.

Have you

dat

11

O.

And

I2

employment

and that

j.ties

consisted

had was coflected

checks

now described

that

at

rema_ined the

Trump

National

ca

Gotf

were

given

to

of

your

HR

e throughout

your

Club?

V A C

next

16

M S. M A R T I N :

Obj ection,

I1

THE WITNESS:

19

me if

way?

What was the

1B

you

and tell

r e s p o n s i b i I i t .i e s ?

Yes.

15

--

say

re ponsibil

whatever

a timely

V a c

A.

I4

your payroll

10

13

to

O.

change

i n

\ / a_r *r ,r

omnl

n r r r. n e n L

history?

yeah,

ague and ambiguous


ou --

can

BY MR. COWAN:

Well,

0.

you tol_d me that

y u became, first,

20

contr:o11er because you kept your

) 1

Ocean Trail-s.

))

A.

Cnrron{-

23

O.

In approximately

24

the director

25

controller,

of
after

July

of

HumanResources,
Ewa Hijak

the

ob when ilrump bought

2003/ you were made


s wel-1 as; the

left?

Depositionof ThomasF.

randeo

63

A.

Ri_ght.

O.

afso

pornt,

there

yet.

know from
you
are

can

10
11

some poi-nt,

a fittl-e

became

snippet

involved

with

some developments

you

A.

left

Tr.ump, and

ou

gave

he

Coast

aventt

guess the Coast Guard

tel-l

you

me that

at

Guard.,

some

so

tol_d me about

O.

fn

member of

1998, did

you apply

Yes.

13

O.

Why did

I4

A.

Because f was already

15

auxilliarist.,

I6

reservist,

L1

'I
r unrnr ng

1B

other

you did

lT_ c n r r I r l

When did

you

volunteer?

2I

22

O
y r^

Idhr;

23

A.

Because I

course.

a reserve

oast

da1.

and

r a_1, -I f e m e
_

portion,

Iso,
t/

Guard

if

along

and as

stayed
with

in

some

20

25

1998; I

rhar?

I woul-d get. paid;

benefits

insurance

become

which was t.he vofun eer

on
u
t rnut ur ng ht l /

24

in

the Coast Guard?

A.

O.

I got in

that.

I2

19

y u

What comes next?

I
9

know at

become a Co st

Guard auxil_iary

I q q

r ^r l ui . l
u

unrr
Jvu

/u- U
l^

fLl -t 'r- A
+?
L.

had a boat,

an

company wanted us to ha
It

was just

another

I
s

was
a

^-^

JdLc

aven e to use

Depositionof ThomasF. perandeo

our
ha:f

mrr

i nn

hnrJ-

in

O.

Anything

else?

A.

Security,

port

O.

Anything else?

A.

No.

O.

You feft

A.

May of 2010.

O.

Did you quit

A.

O.

Do you

10

A.

No.

11

O.

Were you

I2

security,

the Trump Natio

rl

cnl

ru 'f t , , 1 uu

.,L^^.
wrrctl:

or were you fi red?

was terminated.
know why?

told

MS. MARTIN:

why?
_

Objection

:m

nni

na

i-n

n
h i a nv f
v v
J

13

rlgh L Lo privacy.

I4

rel-evant

15

asking

Lo this

the

His

reasons

lawsuit.,

at

So you donrt

I1

MR. COWAN: We will


will

ask

79

get

your

20

obj ections

Ieas

Lermination
in

the

arentt

way you

are

question.

I6

1B

f o

the

question

lawyer

to

have

in

to

ans
a(rrc

differen

assuage

her

er
to

that.
disagree,

but

ways and see if

co

cerns

and

withdraw

2I

O.

Who t.ofd you that

22

The general manager.

23

O.

Who?

24

A.

Lily.

25

O.

Did she tef l- you i-f it

you we e being

w s her

Depositionof ThomasF.

fired?

decision

or

I
I

can
her

A.

donrt

know.

At

O.

being

Lhe time

fired,

Yes .

O.

Do you

11

No

I2

O.

I T s not

t_J

that

would

resent

you were

g there?

kept

e job

if

it

were

up to

a y way for

in

havins

fired

tlott ?
J

'

truth

either

affecting

way, is

O.

Did you receive

n vn rnr iJr r n un rf r u L r u it l n n
u

'.'; th
wr,--

hai

nn

you may have signed at

1B

A.

Yes.

19

O.

How much?

ra^

O.f

that

M S. M A R T I N :

2r

Don't answer that

22

And right

24
in

this

context;

sena

Objection,

tell

the

rei-'i

nn

adra
ahahr
u
Y I e urr.u

r r u

privacy.

questi

Lo sett_Iement

protected

to

time?

settlemenr

MR. COWAN: There's


that

illingness

any seve ance from Trump in

20

privilege

your

it?

15

25

you that

Trump

No.

23

ld

about

you?

A.

T1

Trump r

have

I4

15

indifferent

Y A C

So you

of

were you happy worki

O.

10

am ki_n

that.

co

ommunication
unlcation.

no p ivilege

you know th

--

pertaining

t.

Depositionof ThomasF.

58

When you were told

that

v^ ny n1nJrvf !r r nLi lu- rr rr r L y

the

you were being


i-n

LU

decision
No.

O.

Were you

information

independently

yOUf

given

reconsider

No.

O.

Were you given

them with

I2

to

additional

in May of 2010

u gaven

any

persuade

t.hem that

oppo

unrty

to

could

them,

so

they

their

de

ision?

--

were

information

make new

u invited

to provide

hat might

alfow

them

reconsider?

13

A.

No.

I4

0.

Would

you

have

15

additional

facts

to

16

reconsider

their

decision

I1

A.

No.

18

0.

Why nor?

I9

A.

20

CaSe

any

avaif abl_e to

A.

11

were

Amini

was wrong?

A.

10

fired/

af gUe

by L ly

tiked

them that

had been there

to

an

h^^rfrrh

mig

t-

fire

O.

22

your

23

narqiti^n

Do you think

resume, since

it

rJ r- i r z- a

fU
uJ

thom

a J-ong :.me/ so I

h r a c 6 h { -

nrnrrnr]

<

flgured

to

have

Trump

on

a high-leveI

managerial-

1-hora2

24

A.

Yes.

25

O.

You bel-ieve

you

could

l-n

o move on.

w a s h e l p ul

you had held

t - A

tlott ?

have Trump on my resume and time

2I

urlr

ge

Depositionof ThomasF.

a posiLive

reference

from Trump?
A

Y a e

O.

Do you have any concern that

this
get

5
'7
in

l-awsuit
l-n the

may affect

kind

of

No.

O.

am not

a sufficiently
by

asking

for

the

comfortable

the

motion

notion

that

of

fired

being

t1

i s that. correct. ?

L2

A.

Correct.

13

O.

You were in

L4

of

15

financially,

I6

A.

Correct.

I1

0.

Now let's

work for

19

cal-ifornia

20

out here through

education

23

reasons,

24

we are

25

and

that

you

have

respect

May of

not

and

the next

time period,.

w!,ere you could be out


suffer

am going

to

efficiency

will

the training

recei.{zed regarding

to em$royees since

and --

try

donrt

obviousl.y,

and otherwise,

same page.
pick

the issue of

you moved

2010.

your testimony,

you were

anywaf, and not

go back to

law with

on the

then

while,

you were

correct?

and

dupli.cate

a posit.ion

a litt1e

18

22

in
you

that

but

position

suddenly not having a paycheck in

references

specifics,

10

2I

testimony

future?

A.

panlcked

the

your

will

up where

for

want

a1f

so let
$ort

of

to

kinds

of

me make sure
recapitufate,

we were.

Depositionof ThomasF. perandeo

12

a.

1
2

+1-^-^

Tel_l me alf

rrsk

L 1 l g D g

A.

management
Basica_l 1y,

making sure

other

Anything

A.

No.

O.

Anything

going

covered

during

ns.

throug

the

cfubhouse

as

far

pertainins

to

pertaining

to hpw they were to

pertaining

to

s trips

and

and falls

and

ei-se?

h w employees were to be

paid?

l0

A.

No.

11

O.

Anything

their
A.

No.

I4

0.

Anything

15

A.

No.

T6

O.

But t.hose topics

I1

extent

after

18

broker

arranged

I9

A.

20

we had this

)1

ger

breaks?

13

22

hat. were

stuff.

O.

T2

things

presentati_

.It was safe,

the

O.

Trump bought

Right.
free

for

dlscrimination?

started

being

the

clu

present.ations

That was part

covered

and

its

. Ls t h a t

of

being

t.o some

insurance
right

a broker,

that

training.

So we are back t.o Ms. Shibayama

and her

presentatrons.

23

24

topr-cs that

25

that

want you to

tell

me alf

she addressed durino

she woufd give

for

approximat

the

things,

all

the

ese presentations
ly

two hours every

Depositionof ThomasF. perandeo


'75

thrq:e

months

A.

sexual

or

Like

so.

said

harassment,

That's

trying

j ob,

to
or

all-

10

supposed

11

like

to

that,

if

how to

mean talki{nO

they

to

employees

them to

as

weren't

far

correct

I4

happeni ng ?

15

A.

is

Correct.

as

t.hat

Sexual_ harassment

O.

sexual- harassment

do

and

a better

the

coming

what

in

t"

if

po

they

late,

emfiloyee,s

means peinq

and what

It's

doing

were

stuff

behavior.

taught
you

what

ber-ieve

it,s

state]_mandated training

that

r-s requrred.

I1

rs

0.

1B

is

19

l-aws ?

it

prohibited

your
by

the

20

A.

Correct.

27

O.

Other

23

remember.

el_se?

be doing,

13

22

can

coaching,

$rocedures.

and encourage

And also,

T2

r,fas basically

Correct.

15

motivate

something

A.

it

disciplinary

Does coaching

O.

before,

described
discussion

and
or

than
I

have

areas

24

sexuaf

harassmenl?

25

A.

Basj-cally,

understanding
state

what

and fe&erar

we have

summarized,
covered

that

_j_

sexual
civir

:]s there

when lhe

when __ how often/

rights

have

O""

t.alks

harassment

any

just
other

were

every

two

about

years/

Depositionof ThomasF.

l6

I beli-eve,

we need to

training.

O.

and whenever we have


seL them up to

you understood

that' california

that' have more than

empl.oyees,. I

1aw at

O.

10

A.

yes.

11

O.

And this

for

it

was tle

some poin{
it's

mandatory
required

eittrei,r f if ty

training

for
or

companies

a hundred

rraining

was nrJovided only

to

the

managers, correct?
A.

Correct.

74

o'

rt

was not made avair-abre to

the

rank and file,

the hourl-y workers?

I6

A.

\1

Correct.
MS. MARTIN:

Objection,

!alls

for

speculation.

BY M]t. COWAN:

19

O.

To your knowledge?

20

A.

To my knowledge.

2I

O.

you were the director

22

As the director

23

being

24

woufd have known about

25

harassment

the managers?

13

1B

have sfxual

yes.

A.

15

,r.u, manager come in,

f orget

1 t

A.

made available

to

of

of

HR, if

HR.
presentations

nonmanage{iaf
iL,

employees,

were
you

right?

yes.

Depositionof ThomasF. perandeo


l1

A.

termlnation,

As

3
4

Trump to

"stuff

like

fike

that,

determine
of

that"

hat

rmh

BY MR. COWAN

would

nf

be

immediate

or

m:n^^amah1-

thac.

the

thing s that

category

MS. MARTIN:

be sides

Objecrion,

wou]d falf

in to

theft.

overbroad,

vague and

i nrrnrr c

10

11

As you understood it.


MS. MARTIN:

L2

that

13

f h i n c c

it

list

15

fi red .

of

16

think

was discretionary.
He would

I4

every

itts

not

single

So it

thing

canrt

anybod

Martin,

the

be

question

all

the

q h o . r r ' l

a f ui +v o

v r v v s r q

coufd

ever

nn:nhi na

l, -+

do to

L ^
U g

q: rnr vA

appropriate.
yeah,

that

be hard

to

THE WITNESS:

19

look

20

was.

2I

BY MI{. COWAN:

at

he answered

have t o r-omc rr-\ wi t.h a

MR. COWAN: Ms.

1B

it.

It

22

0.

23

progressive

24

cl-ub generally

25

theft

T e l _ l _m e a l l

I1

like

up to the discretic

decide,

O.
the

as

stuff

ftrs

5
6

far

woufd

You tofd

me that

discipline,

and that

fol-i-owed

MS. MARTIN:

you wer

the

way I

etermine

n i r z o n

as

would

exactly

' l - r r i n i n ^
urorlrrrlg

a polrcy

that

what

- L - ^ " f
auuuL

the

--

Obiection,

isstates

his

Depositionof ThomasF. perandeo

19

cont.rol-ler/

to

your

did

you have the

A.

No.

O.

Who did

A.

G e n e r a _ Lm a n a g e r .

O.

Anyone e_Ise?

A.

He had to

O.

Excuse me?

A.

He had to

10

O.

So the only

have that

authority

to

I2

as you understood it,

13

Trump National

Golf

getting

Correct.

15

o'

what was said

It

to

you in

{rtese training

to be flir

1B

t.o make sure Lhat we got everyone's

19

investigation;

20

if

and then
if

they

wfth

over and over,

22

to

23

we saw fit,

24

each employee.

suspension

that
to

it

the employee,

just

dep"r{air-,g on what it

kept

t.he

nroblem over

would go fr]om verbal

terminati-on,

or

just

it

as long as we were being

was it

sessions

side,. do an incident

funiu
2I

the

discipli_ne?

was basicalty

t.hey keep --

from anyone e1se,

Club?

A.

A.

permifsion

was the gen$ral manager of

I4

about progressive

authority?

person wfro nfO the

peopre without

o.

people,

approve it.

fire

25

fire

approve it.

11

l1

to

knowledge?

16

autil,ority

your understanding

and

to written

depends on what

consistent

that

was,

that

with

procedure

Depositionof ThomasF. perandeo


81

was to

thef t

was fair

or

be fof -Lowed, assumino no'r-f"xtreme circumstances/


or vi-of ence or
to

somethinq

the employee or

tJr<e that,

just

to protect

the

company/

something else?

MS. MARTIN:

THE WITNESS: Basically,

employee/

both.

BY MR. COWAN:

10

because it

protect

the

O bj e c t : - o n /

worker

Would you sdy,

O.

11

Natlonal

I2

its

13

own interests?

Golf

vague and ambiguous .


it's

to be fair

and protect

the

as you understood

c]ub was equalry

employees from unfairness,

the Trump

in protecting

a s w e r - . r -a s p r o t e c t i n g

its

I4

A.

Yes.

15

O.

When Ms. Shibayama gave


tf,ese presentations,

76

woul-d she typically

cover one topfc

I1

A.

18

When we set

1 q

wanted to have --

20

we wanLed them to be trained

2I

O.

22

at

Whatever we requested hef


up the training,

we have a --

But she's
What f

it

coming in

am trying

23

sessions

24

talk

25

progressj-ve discipline,

to

do at

that

time.

you know, we

we have new managers/ and

on t$is
everf
find

coachi-ng and sexuaf

a time?

w6u1d be,

where she wour-d come in

about

to

the

company/

it,

interested

to

topic"

quarter.
out

is,

dor her

would there
two hours

hatassment

or was it

typically

be

and

and
one toplc?

Depositionof ThomasF. perandeo

B2

A.

ft's

O.

So --

usually

one topic.

would it

typicall$

woufd be coachi-ng, and then

harassment,

t.hen t.he cycle

sometimes be the

'7
B

and t.hen three


started

thre{

where there

months l_at.er, sexuaJ_

monthd l_ater,

discipJ_ine/

and

aqair! / or would t.here

sexua-I harassmenrt, two sessl.ns

row because of manager turnover,

or

rn a

something else

like

that ?

A.

fL varied.

10

O.

So you might

t1

over

rotate

and then you might

72

A.

Just

13

O.

Any other

have the cy[fe

t.o employees that

15

Golf

Club that

have some repeltsf

training

Not that

r'l

O.

Did you afso at

from the

lepal

issues pertaining

the

Trump Natronal

you have not. al_reafV tol_d me about?

A.

19

in

you recei_ved at

L6

educati-on or

go1n9 on,

as neededr !eah.

I4

1B

rotat]on

can remember.

t.raining

some poi{t

about. the

start

receiving

raws regarding

employees

Coast Guard?

20

A.

Yes.

2T

A.

What did

22

A.

Basically,

23

training;

24

rnvol-ved sexual

25

prevention

you l-earn from dhe Coast Guard?


it's

you krlow, the

we have mandated trainidg


harassment,

and a bunch of

yearly,

civil_ right.s,

other

civil_

sdcurity

rights

and that
suicide

training.

Depositionof ThomasF.

B3

1
2

That was aft.er my clienf,

O.
was gone

from

the

A.

O.

Was this

Trump National

Trump Natj-onaf

Golf

CIub?

don't

O.

am not Mr.

hls

So if

10

approxl-mately

11

beIl?

1 J

74

of

remember when hd

told

That

O.

So at

lar,,iyer, but

that

of

ti-me,
from

A.

I6

O.

I woul_dlike

I1

lssues

looked

;ust

hd was l-et

2008,

18

training

you
the

go l_n

wou.ld that

nral-r-l^
vvavf
I/r

were

,,
y

still

Coast

r:.ng

the

beneficiary

Guard?

woul_dsay yes.

that

you to

te j-l me al l

the Coast Guard cover[d


rights.

From what I

can rememberl it,s

it's

2I

because we don't

22

Guard.

23

it?s

working with

It's

your co-workersi
do hiring

respecting

t.he topi cs and

when it

about civil-

20

with

t,hat

sounds about right,

instruction

A.

you

September

A.

live

15

19

perry's

leff.

complaint.

72

riqht?

af t.er Dave per:ry was gone f rom the

A.

at

Gol-f C1ub,

presume so.

Lucy Messerschmidt,

in

and fiting

basicatly
that
in

O.

Anything

el-se?

25

A.

Not that

__

respect/

the

everybodyis religion/

gay and gender issues adrdstuff

24

gave you

like

Coast

and now
that.

can reca]_l.

Depositionof ThomasF. perandeo

B5

O.

remember?

A.

Can you rhink

ft's

of

anVthlr[O Lhat would he]p

mostly just

much age discrimination,

firing.

politically

other,

Coast Guard.

ft's

all- just
correct

because we don,t
basically

with

because therers

gender and -_ there,s

Anything

10

A.

No.

11

O.

So you have now to1d me

13

training

A.

Yes.

15

O.

At

Fn.

from the coist

training

any time,

have you evfr

A.

From Toni.

18

O.

When?

I9

A.

That wou-ld be part

in

the

of?

gist

of

al-l the

Guard about

civir_

received

any

of hef

progressive

di scipl ine .

27

0.

Whar did

22

A.

S h e w o u J _ dt e l l

s h e t e 1 - t _y o u ?
you that

1.,.e you discipline

23

s o m e o n e, t h a t

l4

Especially

we had an open-door policy

that

and talked

to

about

25

each

about reta.l-iation?

I1

20

and

rights?

T4

I6

nationarities

el-se you can think

you received

do hiring

working and being

different

O.

1 )

not

each othler, respectlng

you

you can ' t

reta-l iate

against

HR and made a complaint

them.
if

they

came

that

Depositionof ThomasF. perandeo

B6

1
2

Did you have an underst{ndinq

o'
is

an officer

of

A.

yes.

O.

Is

A.

yes.

O.

Is

to

your

Corfloration?

he the president?

he a.Iso a member of

the board of

MS. MARTIN: Objection,

directors/

lacks

foundat.ion,

assumes facts.

10

MR. COWAN: I

11

THE WITNESS: I don't

12

Donard Trump

knowfedge?

B
9

VH property

that

am asking.
knbw.

BY M]].. COWAN:

13

To your

o'

knowledge,

betwebn the

T4

the

15

officers

I5

needed to

review

or approve/

71

decisions

by the

cl-ub's general

controller

through

or direct.ors

New york who supe::vised or

in

A.

Can you say that,

19

O.

Sure.

you started

22

of

23

from New York before

working

2008, that

afte*

t.he fact,

m{nagerZ

at

arly time

as t.he contro!rer

A.

Only Lop management/ managers.

25

O.

lJhat positions

into

the

time

september

get permissi_on

she coulld fire

24

fall

from the

through

the general_ manager had to


he or

personnel

agai_n?

Do you know whether

2I

you became

September Of 2008, were there

18

20

time

anyone?

top management

Depositionof ThomasF. Sperandeo

89

A.

Who, Mike's?

O.

Yes.

A.

No.

O.

You had no opinion,

A.

He had already

been a gdneral

O.

all

well-suited

are not

kinds

understand.
jobs,

of

10

A.

Uh-huh.

11

O.

Which is

am --

for
job

got the

why I

I2

any kind/

13

Mr. Van der coes in

14

general

15

j ob?

his

t.hfm, and sometimes they


for

Lhe wrong reasons.

you had any opini-on of

working with

position

of his

being the

manager, about whether he was qualified

A.

I1

O.

Do you think

1B

A.

19

O.

Why do you think

woufd say he was qualified

think

for

he was a great

g$neral

he was

for

the

the job.

he was a gobd general

manager?

manager.

Ureat general

m a n ag e r ?

2I

A.

He is

22

o.

So he was friendry

Z J

manager prior.

f,touknow, people hold

asked if

once you started

T6

20

ot.her?

and sometimes they are extremely

and qualified

and they

one way or the

well

with

a people person.

the other

and or]-rtgoingand interacted

employees?

24

A.

V e r y w e f l _, y e s .

25

0.

Any other

reason you thirfrk he was a great

Depositionof ThomasF. Sperandeo


at

general

manager?

A.

He worked well

with

a.

That's

i-mportant.

Any other

5
6

A.

reasons?

He worked wefI with

O.

t.he public.

thought

H a v e y o u n o \ ^ /t o l _ d m e a l f

A.

The ma;ority

10

O.

Take your

can think

of

time

them that

That's

about

13

O.

Do you

want

I4

A.

No, not

15

O.

Woufd you agree wj_th the

all

can think

a mj_nute to

Mr. Van der Goes delegated

I1

you?

all

IB

A.

No.

I9

o'

As you understood it,

he was __ as generjl

times.

24

o.

manager?

can remember.
ones you

Weff,

he was using

To your

of

right

now.

further?

statement
to

what HR responsibilities

A.

23

you

HR responsibilities

himseff

managing,

25

think

he involve

22

general

that

really.

I6

did

reasons

of.

A.

2I

He knew

and tel_l_ fne aj-l_ the

I2

20

the

Mr. Van der Goes was a great

11

Trump.

customer satisfaction.

1
B

clearly

Mr.

with?
manager, as part

HR responsj.lbilities

knowledge, did

at

of

al_l-

he concern himserf

with

scheduf i ng ?

Depositionof ThomasF. Sperandeo

93

as you knew him?

MS. MARTIN:

THE WITNESS:

It's

vague

hard

Did

a.

you

ever

hear

Mr.

style?

10

A.

No.

11

O.

You were al-so control.ler

hacL

Any other

,'I

am

ways you can d]escribe his

for

management

a time

l_et me

rr^

13

When you j_eft,


gene.ral manager or

was Mr. C$nforti

had Lily

Amini

15

A.

LiIy

16

0.

H o w w o u _ l _ dy o u d e s c r i b e

I1

A.

Actua1ly,

18

0.

Was she the

manager while

still

the

assumed the position?

had assumed it.

I wasn't

A.

Correct.

2I

O.

How woufd

you

hbr management style?

there

}ong enough to

she was t.lheassistant

you were there

20

zz

sdv,

U U I g -

0.

19

say.

COnforti

L4

ambiguous.

I a f F A h d l l ?

I2

to

and

BY MR. COWAN:

5
6

Obj ection,

see it.

general

as we11, correct?

describe

hdr

management style

she

didn,t.

then?

23

A.

24

too

25

decisions.

am not

many decisions

sure,

because

without

She was still

Davld.

Davld

real-ly

make

made ar_f the

learnrng.

DepositionofThomasF. Sperandeo

96

Do you have an opinion

o.
2

general

manager/ Mike Van der Gods or

A.

No.

O.

As you sit

do you think

here today

was the better

and both had their

l0

performed

their

11

BY MR. COWAN:

I2

O.

back,

who

GM?

pick

someone to
A.

15

A.

why?

A.

I1

style.

18

o'
matters

you can.

they both had their

weaknesses.

They both

job.

you owned a golf

If

I4

I9

arld you look

THE WITNESS: yeah, just


strenqths

I O

Davrd conforti?

you can answer the quest]ion,


if

13

who was a better

MS. MARTIN: Asked and


lnswered.

'7

to

{s

run it,

club

and you were going to

who would you pick

of

the

two?

would say Mike.

just. l-iked his

wour-d David conforti


before

f prffer

his

management

con$ur-t with

you about HR

making decisions?

20

A.

yes.

2I

0.

W o u - L dh e c o n s u L t w i t h

22

A.

Mariela,

23

O.

Mariel-a Farias ?

24

A.

yes.

25

O.

What is

an{one else?

who was the payioll

your understanding

and HR manager.

about what her

Depositionof ThomasF. $perandeo

91

training

was in

A"

Everything

o'

So her

from

you,

as

correct

through

Toni

and what

knowledge consi-sted of

wel-f

presentations

HR?

put

as what

she

on by Toni

learned

Correct,

training

with

her.

what she r-earned


from

these

S h j - b a y a m a , .i s

and she a.lso wefit to

that

knowledge,

paul

Fleck, s

me yearly.

Other than these traininp

O.

she

had

no

education

sessions,

o[

to

your

forma]_ training

employment l_aw or Human Resources matters;


ffh1-

taught

A.

rt

in

i-s t.hat

A.

That's

0.

The presentations

correct..
you at{ended with

tney were once a vear?


A.

Correct .

O.

Where were they

A.

Irvine.

O.

W o u l - dh e g i v e

A.

Sure.

O.

Did it. inc]ude

A.

Yes.

O.

Did it

Y a c

O.

Did you read them?

include

held?

you }itera[ure

cases?

statutes?

Deposition
of Thomas

perandeo

paul Fl-eck,

A.

Yes.

O.

Can you identify

gave

the

statutes

that

he

you?

A.

No.

O.

Do you

A.

One was the

any of

because

remember

we went

--

a few

what

they

he gave

years.

us

pertained
updates

Updhte

the

to?
yearly,

stuff

every

I
9

The

last

one

remember

l^ras the

Brinker,

10
11

O.

The Brinker

I2

A.

Yeah.

13

0.

Not

74

l\.

It

15

recent

by

was a

decision,

O.

That's

I7

A.

Uh-huh.

18

O.

Do you

19

A.

No.

20

22

O.
or

the

years

d9o,

thac

so

givirrg

know what
is

a faw

appeal?

it

was before

this

was.

remember

him

of

Su$reme Court?

decigion

A statute

you

you

a statUte
that

the

remember?

any

sratutes?

is.
legisfature

passes

Congress.

A.

Okay.

24

o.

which

road,

few

court

lhe

an appellate

donrt

23

25

by

Cal-ifornia

whatever

I6

27

the

decision

which

are

can
like

pertain
the

to

anything

vehicre

code,

from
to

rures

the

of

the

criminal

Depositionof ThomasF. Sperandeo


99

Iaws; prohibiting

anything

battery

or prosditution

el-se you can l_hink of ,

to

or murd.er or

regulating

MS. MARTIN:

you understand a little

better,

Labor code secti-on that

provi-des law or

+l--+
Ltlq L .

For exampld, just

THE WITNESS:

He probabJ_y did,

9
10

the Labor code; a


something

like

Okay.
but

donrt

remember the

BY MR. COWAN:
O.

You don't

L2

A.

Correct.

13

O.

At

all-

remember any

times

that

I4

Human Resources,

was there

15

answer

about

15

your

I1

questl0ns

radar
A.

As

far

as

O.

20

Before
Mr.

general- manager

22

to

avail-abl-e

sure

faw

what

director

if
to

not. until

to

of
you

something

to

hit

do?
Bernie

Diamond,

time

l-et

to

any

of

the

ine back
to

up.

you

other

or

to

department

the
heads,

your knowfedge?

) ?

l\ .

Corre ct .

24

0.

And before

that

a ]awypr

correct?

2001 .

that

or

all,

the

Diamond was avail-ablb

2I

them at

you were

recall,

in

of

emp]oyment

and you weren't

and 'Lhat was like

I9

25

to maybe help

specifics.

11

1B

llke

taxes.

that

time,

popped up and you were

if

there

to

your knowl-edge, the

was an issue

Depositionof ThomasF. Sperandeo

100

GM, werenrt

legal

sure

what

to

We woufd go to

she could

q u e s ; tj - o n s , o r a t t o r n e y s .

get

answers,

O.

you in

A.

She woul-d give

O.

What. kind

10

advice

11

A.

W o u l _ ds h e g i v e
touch with

about in

the

13

that

and she had resources

you the

that

dnswer or would she put

us the answer.

1egal issuds

if

was she giving

your questions

we had a clertain

actualry

fi-re,

to

you

her?

employee that

she wour-dmake sure

we covered all- the bases.

I4

0.

Anything

15

A.

I6

O.

You said,

I1

became the

1B

in

can't

else?
remember.

lawyer

approximately

as best

you refnember, Berni_e Diamond

avaifabfe

to

y o i L rt o

answer questions

when?

A.

r bef ieve

O.

When did

200'7 was the

fLi-rst ti-me we spoke with

him.

2I

presentations

23

25

for

lawyer?

of

BasicalIy,

we wanted to hire

24

you go to

s h e c o l _ l _ l _ d n 'at n s w e r o u r

response to

I2

zz

Toni,
if

20

who would

advice?

A.

I9

do/

l\.
Mr.

these

by paul_ Fleck?

Pretty

Trump bought
O.

you st.art. attending

To your

much when we got

'lloni on board,

when

us.
knowledge, was Mf.

Fleck

availabl_e to

DepositionofThomasF. Sperandeo

101

answer questt-ons or

2
3

A.

To usr !edh,

would -O.

charges to

Were you told

employees ?

A.

ff

If

it

rnterpretatron

11

it

of

legal

a law,

okay to

incur

about

t.hat was pressing

that

apvice

and.

we would go t.hrough Toni,

What, in

your mind,

distlinguished

I4

to

15

a lawyer,

and

gettrng

A.

advice about the


like

Just

this

law ffom someone who is

insurance

perbon,

making sure we were foll_owing

1B

progressive,

w h a t w e w e r e f o f l - o w i r h gi n

79

interpreting

our handbook.

20

O.

fabor

am not

l_awsas far

sure I

as fdll-owing

got

that.;

noL

Toni Shibayama?

California

a situation

froin a l-awyer, as opposed

71

the

the

our handbook and

Let me see if

understood your question.


If

Z Z

put

words in

24
25

there

yes.

where you needed legal- advice

23

but

luestions

issue

13

2I

firm?

woul-d be free.
O.

I6

wasn't

we were lookj_ng for

10

72

that

we had a legal

we needed a lawyer,

his

woul-d bd a charge.

get answers to

at

he was avai:lable,

you know, there

someone else

If
w a nr rt Le E
r iu

T didn't,

you tell-

me,i

am not

t.rying

to

your mouth.
you had a scenario

i onn
ri l nr L1 c- al pr rner tsat a
t ftO

aO
b oOUUt t

wh{re

is,o_m
^ .e, t_h i

no

you needed or
j n

f_l , l e

emplOyee

Depositionof ThomasF. perandeo

r02

handbook, which,
cal-ifornia
her,

i-n turn,

and federaf

and if

it

T2

A.

13
L4

I6

Ffeck's

There

never

L1

0.

18

anyone

L9

money on

lawyers,

20

with

law?

22

far

Did

that

right?

e f n p J _ o y e e s ,w e w o u f d

At

Mr.

touch with

someone

cautioned

were

Fleck directly,

but we

then.

legal-

make sure

to

you

didn't

feeb?

never

any

issues

ever

learn

of

anf

admonitions

Trump organization

the

in

getting

very

end,

not

advice

there

to

dbout

to

worry

spend
how to

was legal

about

from
too

much

comply

concerns

as

as money.

23

O.

What were those concerns?

24

A.

Bills.

25

you would get

came up.

you

r-n the

the

ever

much money on
No.

It

A.

with

law firm?

Were you

A.

2I

is

y o u w o u J - dg e t

have an issue before

spen<l too

that,,

other

N o , w e w o u l _ dc o n t a c t

O.

15

issue,

touch

we wanted to make sure we were consistent

otherwise,

from Mr.

didn't

leqal

in

Toni.

o'

l1

you wourd get

J _ a w y e rd i r e c t l y ;

how we were treating

contact

t0

law,

codified

Righr.
ff

with

some extent

was some other

1n touch wiLh the


A.

to

Just

that

he --

New york

wanted

us

to

be abl_e

Depositionof ThomasF. Sperandeo

103

A.

Yes.

o'

Before

any

concerns

that

conversatiorr,

of

company was spending

being

expressed

A.

That's

O.

Why do you say that?

A.

Because we have lawyers

have lawyers

f or

reaf

estate

10

employment at. Trump National

11

concern

72

lawyers,' is

13

A.

Correct.

I4

0.

And you understand

15

Iawyers in

the

trouble;

1B

that

for

issrtes,

that

property

tax;

al1

st.uff .

that

Gol-f Club,

we

your

there

was a

too much money on

right?

essentrally

and/

aware

how much money the

throughout

company spending

that

money can be spent

on

two ways.

Number one/ you get

71

number two,

advice

after

to

keep you out of

a problem develops,. is

right?

I9
20

about

ever

al_waysa concern

So as you understood it,

O.

I6

Jbout

you

on lawyers?

were

MS. MARTIN:

Objection,

vague

and ambiguous.

BY MR. COWAN:

27

0'

wourd

22

A.

23

order

24

selling

25

O.

to

do
and

you

woufd

say

say

certain
stuff

Right,

that's

you

are

things/
11ke

you

that,

need a

a fair
missing
rear
you

lawyer

characterization?
three,

e!state

in

procedures

rrave to
to

that

have

help

of

rawyers.

negotiate

the

Depositionof ThomasF. Sperandeo

r05

O.

That's

A.

No.

O.

Did

A.

No.

not

you

been produced

bring

of

settlement

BY MR. COWAN:

that

document

it

be

director

of

11

you

responsible

1-2

Trump National-

production

confidentiar-

to

say

that

and the

setting

the

when you were


controrler,

.he

that

HR polici-es

for

the

Gol_f Club?

No,

I4

O.

Who was?

15

A.

The attorneys

I6

O.

And

was not.

that

New york/

in

woul-d be

and Michael

18

MS. MARTIN:

19

THE WITNESS:

20

fair

for

A.

Greenblatt

and

to

Human Resources

13

T1

objecting

as a privileged

10

were

And we are

communication

Woufd

O.

correct?

a copy?

MS. MARTIN:

today,

Bernie

corporate.
Diamond,

Jason

Boccio?
Cafls

for

speculation.

Correct.

BY MII.. COWAN:

2I

So t.o be

0.

ZZ

of

23

the

24

club

25

Bocci.o,

in

New York

management
were

who were
and

Bernie

correct

clear,

Lhe only
giving

operation

Diamond,

lawye::s

advice
of

Jason

you

are

or: invofved

tltre Trump
Gteenblatt

National

aware
rn
Golf

and Michael_

Deposition of Thomas F. Sperandeo

109

A'

hear:d their

o'

Thatrs

were the

onry onds r ha.d access to

names.

r understand t.here might

those are alf

have been others,

A.

That I

0.

You never heard any ot.hdr names?

A.

Not that

o-

So although you had the titfe

am aware of,

correct.

can recaff.

HumanResources, in

fact,

10

New York by lawyers

Bernie

11

Michael

1 )

correct ?

Boccio,

as you underst.ood it,

Correct.

I4

O.

Were you responsibl_e for

I6

for

these New york

the Trump National- Golf

I'7

MS. MARTIN:

18

THE WITNESS:
c n a n i

v I J e e _ L ! r u :

director

of

was bei_ng set in

Diamond, Jason Greenbratt

A.

companies that

of

the HR policy

13

15

but

the ones you are aware of?

I9

and

and

and not by you,

enforcing

the

Iawyers were establishing

Club?

ObjecLion/
yeah,

vague

can

and ambiguous.
you

be more

^ 1

20

MS. MARTIN: I

2I

said,

zz

policies.

"the

23

companies, "

happened

25

me try

and

thinlk

asked

you meant,

you
,,the

"
MR. COWAN: I

24

you just

think

before

that,

and wifl

again.

might

have misspoken.

probabty

Thank you

happen,

fori telling

It's

again.
me I

Let
wasn't

Depositionof ThomasF. Sperandeo

110

^ t ^ - -

UIE.OI

Were you

O.

company policies

lawyers

responsible
being

A.

Correct.

O.

So it

enforcing

established

New york that

in

for

you ;ust

job

was your

by

to

the

Lhese
foresoinq

identified?

implement

them

and carry

them out.?
A.
9

10

was making sure that

alon<; with

the

general

the man;rgers, worki_ng

manager, ehforceci and carried

out

our policj-es.

11

Rrght.

0.

T2

General

gives

13

an o::der,

I4

him

and the

15

the

command chain,

15

carrvino

and

then

cofonels
is

18

O.

So you were

policies

21
t)

this

analogy

being

in

charge

president

and

the

generals

e1se,

of

as

it

gives
be]ow

goes

implementing

Cnrra-l-

O.

During

23

Resources for

24

management style

25

that

club's

--

depending

on how you

in

of

establ-ished

the

the

down

them

and

1 - h e mo u t ?
Correct.

20

of

and everyone

A.

tortuLre

generar

the

L'1

I9

an order

the

time

charge
by

you

the Trump National


change in
pol-icies

to

implementing

New york,

were

want

the

dolf

correct.?

director

Club,

did

of

Human

your

how you worked to make sure

were beinq

i m p l _ e m e n t e da n d

Depositionof ThomasF. Sperandeo

r11

effected?

MS. MARTIN:

THE WITNESS:

know.

BY MR. COWAN:

O.

1
of

and

10

am asking

In

acti-ng

other

started

you,

checks

MS. MARTIN:

I2

THE WITNESS:
specif ic.

l4

BY MR. COWAN:

15
I6

O.

don' t

don't

Wel1,

at

don,t

on what. you
beginning/

were

sqme point

di_fferent.

did.

you

procedures

you

sort

swrtched
or

Objection,
yeah,

really

if

overbroad.
you

want

k n o w h o [ , ut o

be more

answer

b e m o r e s n P . r - fi i n

can't

to

that.

nnr4 because

know what you did.

I1

A.

Right.

18

0.

am asking,

19

did

20

another way fater?

you do your;ob

l\.

As far

22

0.

That ' s fine .

23

A.

thatts

24

0.

looki.ng f or

if

were to put it

differently

2I

25

the

and bal-ances ?

l1

13

in

eimbiguous .

an opinion.

based

and then

implementinq
or

and

That's

words,

one way/

processes

Vague

as f

at

am concernedl

one time,

and then

but

the interpretation

am asking

very simply,

didn't,

from someoneefse.

about your interpretation.

am

your testimony.

Deposition
of ThomasF. Sperandeo
II2

A.

Yeah.

O.

So from your perspectivq,

basically

director

the same all


of

throughout

A.

Yes.

O.

Very helpful,.
So tell

me aff

managers and supervisors

colonel- who is

10

these policies

11

everything

in

that

you did

you did

to make sure that


Objectj_on,

vgrrsr4f

the

befow you are carrying

have been esthbl-ished.

^ ^ h

out

Tell

me

was ha.openn
t g.

bverbroad,

vasue

and

ambiguous.
THE WITNESS:

15

16

BY MR. COWAN:

give

can

I1

0.
more

you

That

woufd

be

WeJ-1, f

conceptual

want

to

Uh-huh.

20

0.

Your managers

taf k abolrt

things

it

rn

a broader,

your department heads and the

2L

other managers/ they get the poricies

22

about the policies,

they b/ere told

right?

23

A.

Right.

24

O.

Were the polici_es, for

in

of

way.

A.

out

a lot

some examples.

I9

25

as a

charge of making sure that

MS. MARTIN:

I4

IB

the ti-me you were the

the things

or

13

lob

thank you, sir.

72

your

HumanResources?

'7

you did

the most part,

all

set

the employee handbook?

Depositionof ThomasF. Sperandeo


113

A.

Correct.

o.

occasionalry,

there

wour.dbe another

kind

of

memo, as well?
A.

Correct.

o'

And that

and the
1

other

10

that

Correct.

O.

Other

l1

f orth

1 )

then

on

than

tefr-

they

giving

carried

Basica1ly,

l3

signatures,

I4

that

15

had to

I6

everything

alr-

staff,

that
in

I9

staff

20

anything

held

these

you

these

of

if

it

we had it

their

their

meetings,

the

department

heads

stuff

memos or

would

do

poricies

stuff

that

had

to

make sure

t.hat. were

to

set

have

and stuff,

we made sure

was something
signed,

employee

st.aff

that

an empl0yee

we put

file$.

they

meetrngs.

was brought

communicated

with

when we have

the
our

up and drscussed,

changes.

2I

O.

Anything

22

A.

If

el_se?

Mariefa

23

empl0yees, that

24

or

25

notified

the

them

accountants

We made sure

LB

to

paper.

of

documents,

sign,

I1

out

a l-ot

so as

the

given

me everything

t.hese pieces

A.

be

managers?

A.

handbooks,

wou.d

ever got

any feedback from the

we woufd communicate it

to

the managers

GM and make sure any changes or people


in

a better

fashion

were

or whatever.

Depositionof ThomasF. Sperandeo


II4

O.

Anything

A.

a.

During this

else?

think

that

Human Resources for

you join

professional_s?

sums it
time

the

Trump National

A.

No.

O.

Why not?

A.

Just

10

O.

Which part

11

HR director,

I2

control_ler

13

A.

Control-_ler side.

I4

0.

Did you subscribe

15
L6

did
side

for

C]ub,

did

HR

have time .
of

the

you find
or

associations

Golf

of

lob,

as the

controfler

more interesting,

the director

to

of

and

the

HR side?

any journal_s for

HR

professionafs?
A.

I1

and they

1B

them "

we joined
had --

the carifornia

we would get

t9

0.

The cfub joined?

20

A.

Righr.

2I

O.

))
23

you were the director

any professionaf

d i _ d n' t

up.

am asking

subscribe

24

A.

No.

25

O.

Did you ever

set

commerce

jlabor l-aw gurdes from

somet.hing a little

Did you/ personally,


VOU, personally,

our

chamber of

different.

joinr any __ sorry

__ did

t.o any HR journals?

up any ]cind of

audits

to

Depositionof ThomasF, Sperandeo


115

A.

Not that

O.

just.

can remember

mentioned

empl-oyee handbooks.

but,

tho-se employee

as a general

the

faat

we wirr- get

proposition,

that

do you know who wrote

handbooks?

A.

No.

O.

Who gave

A.

New york.

O.

Did you have an opporturrlity

in

their

them

creatron

A.

No.

I2

O.

you were just

said,

"Here is

A.

Correct.

15

O.

Yes?

76

A.

yes.

I1

a.

To your

manager was in

79

to

20

don't

t1

that

revlew

t.o have any input

it

was just

given

effect

at

t.he time

given

the

t.he handbook and communicate to

like
part

this;

to

you and
it,,?

knowledge, were you or whatever general

think

this

part

opportuni_ty

New york,

,,f

could be said better,.

shoul-d be different"?

22

A.

23

O.

But before

24

A'

Before

25

you?

the employee handbbok; go run with

14

1B

to

or content?

11

13

were

Lo them specificarly

10

there

think

handbook was --

when Jil_l

came/ we did.

that?

that?

r don't

wasnrt

changed that

thirnk the handbook -often.

It

Lhe

wasn,t

Depositionof ThomasF. Sperandeo

L71

--

joirrtly

was changed every

O.

fre<1uentIy,

important

All

5
5

rt

O.

get

to

it

grven

my question

you or

to

11

requested

72

A.

for

to

the

input

to

d i id n ' t

understand it

any opportunities
mainager, to

were

your

communicalte suggest.ions or

We coufd always do that

I4

ir.
So to

o.

that

changes?

needed t.o, but we didn't

really

Mr. Van der Goes nor Craig

71

concerns

18

handbook; is

or

if

we felt

it

was

have any issues

wlth

your knowredge, ne[-ther Mr. conforti

I6

questions
that

or

nor

S a m a n d i _ lh a d e v e r h a d

suggestions

about

the

employee

right?

I9

A.

Not that

20

0.

On a refated

27

websj-te for

25

even more

_J f may not have


asked

is

general

13

24

itrs

right.

are you aware of

knowledge,

23

being changed less

Riqhr.

10

a)

itls

very wel-l- or maybe you just


A.

15

lf

you coufd argue that

Agaln/

the more so.

year.

can remember.
pointr

lou

the Trump Nationaf

are aware of

Gotf

A.

yes.

a.

To your

knowledge,

we had a third_party

the

Club?

who wtote

the

copy for

that ?
A.

think

company that

did

Depositionof ThomasF. $perandeo

118

it

for

2
3

us.
Do you

O.
concepts

that

know who gave

were

A.

The general

O.

Do you

responsible

National

A.

creating

Gol_f Club

had

a marketing

10

the

general

general

the

first

manager
draft

was

of

we had a __ way back

then,

director,

the

Trump

and he probably

then,

worked

72

MS. MARTIN:

am just

surmising;

Only if

with

afn noc sure.

you know.

THE WITNESS: I don't

know.

BY MR. COWAN:

15

Do you know whether

o'

I6

or h;ld input

I1

GoIf Club website?

on the

text

Donai-d Trump ever

that's

orn the

reviewed

Trump Nationar-

1B

l\.

19

0.

Who would know, to

20

A.

General manager.

They would deal- directly

MR. COWAN: It

about

2I

we

manager.

14

and

website?

11

1 a
A J

ideas

manager.

know which

Way back

the

expressed?

for

them

don't

know.
your

knowl-edge?
with

him.

22
23

where r

24

coufd

25

are feeling.

coufd stop

break

for

is

runch.

li2 : 50 .

we could

am at

qo further

now, dependi_ng on how you and Mr.

a point
or we

Sperandeo

Depositionof ThomasF. Sperandeo


L19

BY MR. COWAN:

O.

you mentj.]onedthat

understand.

about ocean Trails,

on a fabulous,

that

superior

they triied

to

A.

O.

A.

Right.

O.

Before the Trump Organiz[tion,

the

have an emphasis

ki-nd of

you sa:-d

Resort.
experience

club,

for

peopl-e who played

were you famil-iar

with

there.

M r . T r u m p b o u g ht

Donald Trump?

10

A.

Yes.

11

O.

You understood him to be a successful

I2

wealthy

entrepreneur

l3

to hold

them out as being the besp?

who put his

and

hame on things,

tried

74

A.

Yes.

15

o.

You understood him to be someone who rikes

I6

market his

I1

as providing

the most superior

1B

possible

people?

business ventures and Neal estate

for

k:-frdof

19

A.

Yes.

20

O.

The best money can buy?

Voc

0.

And good val_ue for

23

A.

Yes.

24

O.

Expensive,

Z 3

A.

Yes.

27
a a

but

to

properties

experience

what ,i"u spent.

worth

it?

Depositionof ThomasF. perandeo

r22

woul-d you say that

o.

kind

of

that

you were working at

Trump?

A.

Yes.

O.

As a result,

goal

and strategy

existed
the

constant

emphasis on striving

possible

level- of

A.

Yes.

10

o.

And that

11

of

the golf
A

Voc

13

O.

And it

74

rl

service

attitude

Correct.

15

0.

Did you ever

I1

How often

obtain

extended to

the time

was owned by

there was a

the highest
guests?

the

restaurants

correct?

t.he golfing

fet

experience,

me back up.

would you intetact

with

Donald Trump,

himsel f?

I9

A.

Very rarely,

20

a.

Over the

organlzation

interact

while

with

if

at all.

years that
it

tr-mes/ as you can best


23

it

that

dnf

A.

2I

to

extended al_so to

15

1B

cr-ub while

and quaLlity for

cfub as well,

I2

throughout

would you agree that

and those --

attitude

you worked for

the

was owned by Trump, how many


estimate,

did

you actually

Donald Trump?

24

A.

25

O.

How many times,

woul-d say about

five

tijmes.

excluding

those

five

times,

did

Depositionof ThornasF. Sperandeo

I23

you have occasion

of

the

to

hear Mr.

cl-ub, whether

it

fnlmp

Lalking

was managiers or

to

empJ-ovees

otherwrse?

3
4
5

dozen

or

something

A.

o'

Did

remarks

he wanted

11

employees.

I2

O.
lrtd J(e

you

empl0yees

to

never

hear
where

be at

heard

That,s

What kind

half

a dozen.

Mr.

Trump give

he generally
the

him

talk

tar.ked

or

share

about

how

club:
at-rd address

about. it.

yea[-r.

of

did

remarks

tarks

you

hear

the

Mr.

Trump

I4

In

other

words,

15

d i c n r r q q i n n ?

I6

A.

Service .

I1

0.

What about

1B

A.

Just

I9

about

ever

things

A.

13

woul_d say

to

10

else?

his

O.

Anything else?

2T

A.

That's about it.

22

o'

so the

23

Mr. Trump discussing

24

the

) q

be top-notch

cl-ub were the

t$p-notch

service,

his

name.

20

only

he was

service?

you explained,

as

name/ marketing

what. werb t.he topics

thing

you cari remember overhearinq

with

other manaoers .,r emnrovees :f

issues

of

servi-cle and how it

and commensurate witH

the

needed to

reputati on he has

Depositionof ThomasF. Sperandeo

724

tried

to

attach

to

A.

Correct.

O.

Did

about

making

A.

handbook

you

name?

ever

sure

hear

that

think

and

his

the

that's

stuff

Mr.

employees

part. of

like

11
I2
13

t4

out

of

am asking

am asking:

Have you

mouth

he tal-ked

his

A.

About

treated

Yes,
treated

A.

15

O.

Tell-

I1
A.

20

propert:-es/

2I

treating

22

wef l-.

24
25

or

woul-d say

where

his

different.
heard

about
his

concern

correctly,

words

that

come

concern?

employees

are

that
as

his
the

employees

raw

are

requrres?

yes.

me about
you

that.
hear

he addressed

him

customers

say

that?

meeting

al-I

the

and he was talking

And that

remarks like
l\.

ever

that

We had a manager's

Lago,

a.

sure

expressing

When did

19

23

where

well-

15

1B

his

correctly?

O.
being

in

well?

as nonresponsave.

somet.hing a little

making

treated

policy

strike

O.

10

his

were

concern

that.

MR. COWAN: Move to

T4ump express

in

lnanaoers of

about

service

we_lf and tneatino

was the

f irst

20IO down at

his

all

Mar

his

and
employees

t:Lme you heard him give

that?

Directly.

Deposition
of ThomasF. Sperandeo

725

was tracked
2

with

using

a timecard

invdrved

MS. MARTIN:

MR. COWAN: Let' s back rip.


One of

O.

your hourly/

whether

got meal or rest

Objection,

the issues

in

vague

based on the

thjls case is

a m o u r r r do f

the time that

time

they

worked,

breaks to which they were entitl-ed.

Do you understand

that?

10

A.

Uh-huh.

11

O.

You have read the fawsuit

t2

A.

Right.

t3

O.

T4

timekeeping

systems

15

about this,

and I

I6

testimony

I1

been said bef ore is

want

to

tal-k
at

just

and confirm

1B

A.

Okay.

I9

O.

Trying

to

A11 of

the

20

and ambiguous.

nonexempt workers wdre employed, and

they,

) 1

in

a code?

people clocking

you Very

to
the

cl-ub.

want to

before,

riqht?

briefly

about

others

try

to

have

testrfied

summarize the

your undenstanding that

consisLent

the

whatrs

wit.h your recor_lection.

speed things

u!

a fittle

bit.

n o n e x e m p t e m p h - o y e e sh a d t o

cl-ock.in

and out every day, correct?

22

A.

Correct.

23

0.

And there

24

guard at

25

cl-ocked in

the

was a time

entrance

and out

by the

every day,

clofk
roading

by the

securit.y

dock by which they

corpect?

Depositionof ThomasF. Sperandeo

132

A.

Correct.

o-

The employees

was assigned

code when they

to

them,

A.

Besides

O.

Yeah,

i,vduld have

they
or

their

clojked

A code.

O.

Different

10

So the

11

else

72

hours

13

correct

I4

A.

TO

15

a.

r c 5

being

finqerprint,

one

for

rnput

that
that

right?

and

think

there

was

each person

flngerpri_nt

given

reflected

is

a check

a number and clocking


to

which

they

weren't

n
r !r e \v/ Fwnvl -r l u

r rududJr r - n r r n n l - r
i ^vh u
vurtutlrltg

in

somebody

and getting

entitled,

were used while

the

timekeeping

you were the director

1B

A.

It

I9

O.

So first

20

A.

ADP.

27

O.

Which

22

A.

ADI .

23

O.

And these systems applied

of

systems

HR?

was ADI time and then al-so ADp.


one and then thF other?

one

came second?

There wasnrt
a different

What were the names of


that

from

I6

25

out,

to

code

a code?
A.

24

a particul_ar

a fingerprint.

I1

and

cl-ocked in

wour-d havd

system for

one for

for

one set

the otherS,

a.l_l employees.
of

departments and

correct?

Deposition of Thomas F. Sperandeo

133

A.

Right.

2
3

Even

exempt

employees

O.

The records

A.

Correct.

O.

Hard

A.

Ri-ght .

O.

And they

A.

fn accounting.

10

O.

For how long?

11

A.

Indefinitely.

72

O.

To your

still

T4
15
16
71

c_Lock in

and

our,

too.

13

to

hdd

in
A.

to

copies

were stored

were

were

also

kept

in

electronic

plinted

form?

out?

whetd?

knowledge, the hard-copy

the accountino nffig6

records

are

fqom 2OO4?

We go back seven years,

think

we are requt_red

keep them.
o.

Your understanding

is

gou wourd keep them for

seven years.

1B

A.

Correct.

19

O.

After

20

A.

Correct.

2I

o.

The e-lect.ronic copies wehe kept anyway, or were

22

they destroyed

23
24
25

that,

the hard copies

could be destroyed?

as wel-f?

M S . M A R T I N : O bj e c t j _ o n , m i s s t a t e s

his

fv ov eu Ju _r r r ri vmr A
r j h/ .'

donrt

think

he ever

tebtified

they

were

Deposition
of ThomasF. Sperandeo

134

rlcqt-

rnrzorl

yeah,

THE WITNESS:
--

BY MR. COWAN:

they

were

Let's

O.

they

changed

You said

What woul_d happen aftet

A.

10

don't

11

r-h:ncarl

you kept them for

still

know if

errurryuu

I2

b$stems.

seven years.

seven years?

El-ectronicaJ_1y, they wOrltA stlll

They should

O.

be on the

servdr

the server is

oq acr r\ / avr cy r s 7

So

ri t+

h-,,
m
ay

still
!.
h
ave

So your understanding,

13

^ r rp
f ute
^ Fr
,k !a uo nui v r rn rn v lL- llr ra s ^u^ um m

t4

be

15

\/AAT<?

there,

but

the

t6

A.

Correct.

T1

o.

During

^^,,I
-^,
e
q u i p^ m
ent,

hard

the

coples

time

there.
got

subject
the

were

19

employees

woul-d cl-ock

20

clock

when they

2I

meal- break,

22

A.

Correct.

23

a.

And that

24

A.

Correct.

25

O.

Do you have an understanfling

out

left,

star[.

without

to

way.

actually
would

destroyed

HR throrrcrh annrn;jpatbly
the

that

records

frorrl the

time

the

of
day

clockinq

still

after

you

Apri I
of

We have

lost

dj-rector

in

stay there.

or something, but

18

of

think

clarify.

know __ I

don't

out

seven

became

the

2009,
and

then

for

correct.?

was for

all

e n t r p N _ o y e e cs o, r r e c t ?

as to

why, up

Depositionof Thomasf. Sperandeo

135

unti.f

policy

meaf

approximately
of

having

April

employees

A.

Because

O.

Whose decision

have

out

for

they

policy

this

B
9

their

A.

cLock

were paid

goes

pract.ice

wasn,t

when they

was f irst
was the

So that

11

A.

Yes.

T2

o.

That's

13

A.

Correct.

I4

O.

And when it

of

meaf

took

to

they

t.he very

status

iL's

break.

knowledge,

nrot having

startdd],

the way it

that

tJo your

because

way back

place

O.

to

people

crock

being

paid?

were

beginning
been

of

t.hat way.

quo?

w a s r , r i h e ni t

was ocean Trairs?

became Trunip National,

it

just

srayeo cnat way?


- t s

- , , ^ J

+ L

^ !

76

A.

Correct. .

I1

O.

Do you remember there

1B

analysis

L9

respecL to

20

Trump bought

of

the cfub's
timekeeping
the

berng any reviews

procedures and policies


for

22

THE WITNESS: If
F l r - f
L l t A

24

PV

once

club?

MS. MARTIN: Objection,

23

or

with

empldybes and breaks,

2I

25

out

ior

was it,

meal- breaks

That

when that.

or

10

15

2009, there

break?

of

it

pverbroad.

was, I wasn't

involved

in

"

MD

O.

/rAh]7\NT.
uvuvnt\

So you

have

no

recol-l-eclti on of

anyone

from

the

Deposition
of Thomasr Sperandeo
136

Trump

depa rtment

revi-ew of

"Practices I,2

problem,' we need to

Organization,
or

whether

otherw.i se,

how things

A.

O.

As best

were

you recall,

owned by Trump through

the only

the

being

k n o w , . I w a s n, t

don,t

1t. had been;

to

of

prior

difference

I2

O.

At

13

December 2,

2008, did

I4

you that

might be problematic

15

which people weren't

16

way to

I1

hIAro

18
19

A.

saylng/

dut 4,5

and 5 are a

invo]ved

in

that.

was now the

club

is

organization,

as

owner?

Correct.

nal-

and dolng

4one and

the vH pt'iperty

A.

track

in

HR

evdlythj_ng stayed the way

11

iL

coming

or

change these things"?

opposed

sort

and 3 are fine,

10

l^r{s lawvers

it

any time before

this

lawsuit

was filed

on

anyone evdr tei_l- you or suggest to

clocking

to

out,

whether or how much of

have a policy

by

so you would have a


a mear-break they

l- i nn?

No.

MS. MARTIN:

20

sure you don't

2T

commun:.catrons,

am going to

discfose
if

object

here to make

any attorfey/cltent

they

existed.

2)

You can answer/

23

THE WITNESS:

24

No.

as long

as you donrt.

yeah.

25

Deposition
of ThomasF. Sperandeo
137

BY MR. COWAN:

And

o.

any

n F ^ - ^

and make sure

do

audits

or

u r g d r l ri z- a- +L;l o n^ *

to

you

comply

are

not

reviews
or

any

that

done

outside

law

MS. MARTIN:

Go ahead.

THE WITNESS:

Up until

O.

T2

not

13

either

I4

organization

15

happening

T6

California

71

create

anyone

f,irm

in

from

t.o sort

was doing

what

which

t.he Trump

of
it

check

needed

to

faw?

Objection,

asked

What was the

aware

of

t.he filing

any

reviews

people

by

or

and answered.

question,

l-aw or

problems

again?

there

the

MS. MARTIN:

1 g

THE WITNESS:

that

firm,
wdre

acts

cIub,

or

to

you

were

are

done,

by

the

monrtor

no violations
omissions

Trump
what

was

of
t.hat might

cdrrect?

Objection,
f

lawsuit/

and emproyed

faw

otherwise

for

this

audjits

in

an outside

and make sure

of

or

directly

1B

asked

and answered.

woul-d sal/ no.

BY MR. COWAN:

27

O.

You are

22

A.

No audits

23

O.

Right.

24
25

by

situation

BY MR. COWAN:

11

20

club

California

10

ot' any

were

the

with

aware

That,
about

at

the

agreeing

with

rnel?

were done.

by

the

start

of

way,
the

was the
deposition,

scenario
where

tal_ked

th:-nk

you

Depositionof ThomasF. Sperandeo


138

aS

disclose

an

employee

that

3
4

the

meal- break?

this

empl-oyees had

get

to

A.

Righr.

O.

What was your

10

MS. MARTIN:

11

extent

72

may have

that

13

you

can

discussed

.to

had to

be at

I1

about

fedst

l_ater

answer
or

30 minutes

for

understanding?

withoult

and/

again,

disclosing

to

what

the

you

_Learned f rohi counsel,

those

your

Then I

initi-ar

least.30

can't.

answer

understhnding

minutes

that.

that

invblve

any

meaf

other

breaks

details

breaks?

18

MS. MARTIN:

I9

THE WITNESS:

Vague and aifrbiguous.


No.

BY MR. COWAN:
Did

O.
employees

23

at

understood

vou

BY MR. COWAN:
Dld

2I

was fitedr

Same objedtions

THE WITNESS:

o.

20

to

Okay.

]awsuit

not

information.

Before

o.
that

15

ft lnh e
! -roe: faf or t- e r /

BY MR. COWAN:

I4

O r:

cl-ub

THE WITNESS:

of

A.

you

coufd
Certain

24

positions

25

break,

and

they

have
or

any

cou-ld not

employees,

customer

couldn't

undersl[anding
do drhrino
depending

service,

Ieave

of

the

ti[e

what

thelr

breaks?
job

on thelr

length

properLy

of

their

because

they

Depositionof ThomasF. Sperandeo


T4I

coul-dn't

get

back

in

time.

And we al-so provided

Did

O.

them

meaf break?

you

a free

have

mea]

affected

MS. MARTIN:

THE WITNESS:

Before

o'

10

that

whet.her

11

mear

or

I2

whatever

13

break;

L4

A.

15

enough

16

1n 30 minutes

I1

the

meal.
that

providing

a rr e m p L l o y e e ' s r i g h t s

Oblection/

is

or

vague

Had nothJLng to

not

the

they

towards

and ambiguous.
do with

that.

Did

lt.

for

meant

to

you

a snack

cl-ub gave

might

30 minutes

O.

get

to

understand

funch

need

.leave the

to
or

they

that

and bring

understood

If

didn't

wd-th respect

change
to

a mear-

there

was not

ttme

we provided

And you

A.

meal

a free

a mea.l-, SOr therefore,

O.

24

employee

and be back

2T

a restaurant

you understood

property

Correct.

23

have

l-eave the

A.

wouldn't

the

a free

was that.

20

22

waq fired,

right?

What
in

rawsuit

opportunity

that

meal.

pack

this

rights

free

18

25

dree

them.

BY MR. COWAN:

I9

why we pard

an understanding

So tdat,s

store
didn't

that

it

that

pmployees

could

al-ong wit.h

them?

dmployees,

premises

as

f ar

always

therefore,
as going

to

so-Ld fdod?

pack

a lirrpch, they

would

have

to.

Deposition
of Thomas
F. Sperandeo
742

1
2

Right,

O.
woul-dnrt

have

but

A.

ft

O.

The food

l-eft-over

hand

that

from

made

did

their

the

brunch

avail-abl-e

Sometimes.

O.

And other

A.

Hamburgers, hotdogs/

10

O.

So it

times,

were on hand to provide

I2

f o r

sa rm( lnJ lr u y ng ru r> n ^ ^ a

thid

Correct.

I4

O.

So if

15

conforti

T6

employees

I1

was wrong?

18

A.

Depends on what. you

I9

O.

A11 right.

was on

riahr-?

v r ! ! r + v J v u a /

! r v r r L :

pasra.
uslnJg whatever supplies

It

was not ldft

either

inexpensive

r-unch

testified

over.

Mike Van der Goes or

that

was typically

the

food

left-over

call-

20

You understood

2I

how much food was made availabfe

that

David

lnade avai]-abre

for

the

food,

would

you

say

, ,1 - e f t

over/,,

guess.

t.herb were no controfs


for

the

he

on

empJ_oyees,

23

A.

Say that,

24

0.

Food wasn't

25

that

A.

a-nrraaf

food

emnlorzeoq

a re]atively

13

22

other

what wds it?

was it

11

was essentiatly

bt

for

A.

was --

they

choice.

was provided

tuhf ios

$ack a lunch,

far?

was voluntary,

food

being

they

go that

to

if

again.
rat.ioned to

t.he employees,

co rre ct.?

Deposition
of ThomasF'.Bperandeo
143

A.

Correct.

O.

So there

have

run

out,

were

A.

Correct.

o.

And especiarry

'7

food

from

correct

a sunday

you wdre

if

brunch

or

froni

A.

Sometimes

O.

But sometimes they

10

Cn rr^^l

11

O.

And you understood --

I2

understood

13

brought

14

Arr;nrrAmant.

15

her

r6

opportunity

I1

neighborhood

1B

some exercise

20

ri r-r ^urr

in

providing

might

left-over

some other

would

meaf,

And yet
get

"u^ui r r r-v^

lLr ^a. -vr J rnr gv

they

off

fresh

air,

correct?

dnd

you afso
whatever reason,

S
> uOl m
t t e uOl nl ge

thern woutd

the

had

had made other

30 minutes

and getting

ran out,

otherwide

l-unch,

and

mdke more.

an emproyee, fbr

go take

to

O.

r1dt1t

they

a sack l-unch or

f-n

22

c- oo m e(

meet

have

walking

in

premises

him

had

Of

the

the

and getting

corrbct?

16^+-

there

permission

was a poliby
to

leave

in

place

tFrd cremises;

t.hat
is

people

that

23

25

if

had to

24

that

and bring

2I

food

19

when the

right?

occasionS

M S.

MARTIN:

Obj ection,

i - ^ t r b ^ ^

@DJUIILC>

^ ^ + ^

l-dUL5.

BY MR. COWAN:
O.

I s

rhar

righr. ?

Depositionof ThomasF. Sperandeo


I44

A.

Yes and no.

O.

Tef l- me how it's

wrong.

A.

were

They

going

cou.l_d l-eave.

to

O.

30 minutes,

did

take

And if

have

to

A.

They

had

10

break,

L2

that

13

Lo take

an

t.ell

employee

A.

Right.

15

O.

But

us

than

know rf

they

3d minutes.

goirlg
going

anybody

to

take

to

bdfore

permis$ion

longer

take

they

30 minutes,

left?

go

to

than

on thei_r

l-unch

was coverage.

had to

get

had

get

then/

L6

need permission

L 1

not,'they

1B

30 minutes;

to

so it

was club

permission

just

is

if

once

they

they

chose

had the

that

from

policy

a supervisor

wey'e on break,
to

leave

responsibif-ity

didn't.

premises

the
of

they

berng

or

back

in

right?

19

M S. M A R T I N :

20

THE WITNESS:

22

Thelz fet

me how it's

a break?

I4

2I

tell

were

get

to

there

So rhey

0.

{nd

werenrt
just

they

they

l1

longer

they

if

so that

right

Obj ection,
That

is

fverbroad.
cofrecr.

BY MR. COWAN:

O.

Before

thj_s lawsuit

23

any understanding

24

an employee was not

25

break that

was fiteO,

did

you have

as to what the donsequences were if


given

the

oppdrtunity

was at. feast. 30 minutbs

to

take

a meal break,

we

Deposition
of ThomasF. Sperandeo
l-45

are talking

A.

Correct,

O.

What was your understalrding

consequence

about?
yes.

A.

We had

O.

You understand

A.

Yeah.

O.

To your

management side

pay

to

them

an hrdur penalty.

thatrs

dlso

knowledge, did
of

called

anyone at

the Trump Nadional_ Golf

10

that

11

employees were being paid

the premium pay consequencd didnrt


for

A.

That was our understandifrg.

13

O.

So it

was your understan$ing

74

employees didn't

15

there

I6

breal< that

1B

cr-ock out

would be no consequence i f
was less

the

on the

club

apply

bel_ieve

if

t.he

that

if

the

and were being paid,

t.frey received

than 30 minuts;

MS. MARTIN: Objectlon,

is

that

a meal_

correct?

rnisstates his

1-Aa1-rhAh\t

I9
20

have to

premj-um pay?

a mbal period?

I2

I1

what t.he

was?

of

MR. COWAN:

That's

what. I

am trying

to

find

out.

2r

THE I^IITNESS: Our belieF

22

taking

23

BY MR. COWAN:

was that

they were

30 minutes.

24

O.

But I

25

A.

Uh-huh.

asked somethinq dil ferent.

Depositionof ThomasF.
$perandeo
I46

O.

impr:ession

30*minute

time?

Did

you

that
break

No.

O.

Any

thing ?

A.

No.

O.

Mariela

National

11

Golf

A.

o nr :/rq
tm
sD e
l ua rn ll r- s r r L .

13

over

15
I5
I7
18

O.
into

years

ten

to

they

werei being

A'

a full_

paid

for

$l-le wou_ld say

started

working

for

the

such

the Trump

know.
h^+
ar -m n
ot

She st.arted
sure

--l

what

in

year

our

that

Maintenance
was.

It

was

ago.

What was she doing

befor!

she was working

our Mhintenance Department.

she got

promoted

in

as a secretary.
From 2004 onwards, who wbuld you say had a

O.
better

20

rega::ding

) 1

Farias?

knowledge of
obligations

Cafifornia
towards

22

A.

23

O.

W o u l - dy o u s a y y o u r

Z J

get

the

HR?

19

24

was under

haVe to

befieve

Farias

$h.

Club when?

don't

I2

T4

reason

that

dj-dn't

because

A.

10

hear

people

ever

better
A.

than

arrd fed.eral
employees,

l-aw

you or Marie.l-a

would say myself .

hers

knowledge was substantially

about. t.hese issues ?

Yes.

Deposition
of Thomasd. Sperandeo
150

1
2

Do you

O.
and

do

3
4

job

your

lf

she

you

had

the

abllity

to

step

up

somehow became unavai-]abre?

MS. MARTIN:

Objection,

overbroad,

vague

and

ambiguous.

THE WITNESS:

talking,

BY MR. COWAN:

O.

9
10

be.lieve

what

Let
I

not'

It

depends

on when you

are

date.

me rephrase

am talking

your

accounting

11

A.

v^ay

I2

o.

with

that.

about

your

FIR responsibilities,

duties.

respect

13

ln

I4

whether you suffered

15

an extended period

I6

that

I1

competentty?

2004, do you believe

Ms. Farias

18

A.

No.

I9

0.

Do you

20

A.

No.

2I

o.

2006?

22

A.

No.

23

o.

2001?

24

A.

No.

25

o.

2008?

of

your dutri-es as di-rector

to
if

something happened to

a terribl_e
time

of HR,

ilfness,

or hit

you,

were out

by a bus,

for

whatever,

coufd have assumed your dut:-es

think

she

could

have

done

it

in

2005?

Deposition
of ThomasF. Sperandeo
151

A.

Possibly.

o.

2009?

A.

Yes.

O.

So by 2009,

stepped up and taken over

enough on the
A.

Yes.

O.

To your

professronal-

10
11

A.
certi

thlnk

yo

for

she

she
had

coufd

have

l-earned

j ob?

qrrra

fnr

knowledge,

did

organizations

She started,

for

but

he belong
H

to

n r n f
a o - i
^ ^ - l
P ! u r E J J a U l l d I 5 .

think

donl

any
^ 2

she ever got

f :-ed .

I2

O.

When did

13

A.

) 4

a.

Before t_he f iling

she start./

don't

15

an understanding

15

provided?

to

ur

remember.
of

ttli s l a w s u i t ,

a s t o w h e n a mdal- p e r i o d

II

A.

Yes.

18

O.

What was that

19

A.

After

five

hours

of

wotk

20

O.

After

five

hours

of

wortk

)1

A.

If

they

2.2

schedufed for

23

a lunch break.

24

O.

25

though,

understarid

worked

five

five

"

m e a _ l -p e r i o d

n:n

rA
"v

if

ding

ha
YY

had to be

'

hour

ttnrlorqf:

did you have

n a')

hours or more/ they

Did you have an


that

knowledge?

they

were

as

to

were

entitfed

to

when,

provided?

^
Deposition
of Thomas;['.- Jperan0eo

r 52

A.

fn

O.

Right

A.

As

cf ose

O.

Did

that

A.

No.

Cl

O.

What was your

the middle.
in

the middle?
to

consequence

of

what

meal

to

the

the

10
11
72
13

scheduled
A.

could
0.

middf e as possi_bie.

understanding

period

the

ever

underst.arldling

woul_d happen
middle

of

if

the

as

to

they

break

the

didn,t

get

__ sorry

__ of

worked.

They

day?

Depends on how many hours


waive

change?

they

iL.

understand

that,

but

l-et's

assume there,s

no

waiver.

T4

A.

Okay.

15

O.

By the

76

signed

waivers?

way,

are

you

aware

of

employees

who ever

71
1B

0.

How many?

I9

A.

20

O.

What is

2I

A.

During

zz

was a good

23

a.

24

waivers

25

A.

can ' t

begin

to

your

best

the

last

tel_ I

yotr .

estimate?

few

years

that

was there,

it

amount.

Are
before

you

aware

these

of

any

empLoyees who signed

t.wo lawsuits

were

filed?

No.

Depositionof ThomasF. Sperandeo

153

So setting

O.

an understanding

of

employee

not

break

who had

during

5
5

middfe

the

was if

didn't

ddily

do you have
an

get

a mear_

shift?

assumes facts

not

in

evidence.
THE WITNESS:
period?

They didn't

Did

MR. COWAN:

Let

My question

is:

11

O.

I2

financial

13

employee

I4

be

six,

15

rn

the

16

day.

whatever
middle?

There

1B

O.

To your
Ms.

if

any/

are

break,

confusing

know what

be

the

at

the

the
cl_ub if

eight.

and didn't
it

him.

this.

was to

courd

was

would

you

Do you

Maybe got

A.

of

it

a meaf

me rephrase

a shift

I1

also,

think

consequence,
worked

get

they

get

10

hours,

get

an
courd

a mear break

very

end of

the

be no financlaf.

knowledge,

was that

the

understanding,

Farias?

20

MS. MARTIN:

2\

THE WITNESS:

24

condequence

ObjectionN

23

issue,

a wai]ver

of

MS. MARTIN:

22

wai]ver

the

signed

19

the

what

MS. MARTIN:

1
8

the

aside

Objection,
Her

palIs

for

speculation.

underst.anding?

BY MR. COWAN:
O.

Yeah.
Do you

know whether

she

had

that

same

understanding?

Depositionof ThomasF. Sperandeo

154

A.

Yes.

O.

The two of

A.

Yes.

O.

So far

there's

supposed to

of

a break at

is

the

their

that

as t.he two of
1aw has this

be able

shift,

but

allout it?

yorl understood

goal

take a brieak during

if

it's

the end of

the middle

mj_ssed,as long as they get

the duy, there's

no consequence;

O bj e c t i o n ,

J_ncompl_ete

hypothetical-.
THE WITNESS: yeah,

13

know, that

I4

BY MR. COWAN:

just

O.

Excuse me?

L6

A.

As far

I1

a.

That' s not my question.

18

depends

as I

My question

as I

know, that wasn,t happening.

is:

79

understanding

20

of

2r

get

22

opposed to

23

financj-a1 consequence to

you talked

and that

Is

it

accurat.e that

of Ms. Farias,

about it,

was that

being

in

the midd]e,

your

because the

two

iif an employee didn,t

a meal break untir- the end of

A.

as far

wasn't happening.

15

25

someone is

to

M S. M A R T I N :

I2

24

that

it,

correct?

10
11

you talked

his

that

or her
there

shift,

as

woufd be no

the club?

Sounds hypotheticaf.

I wouldn,L have that

conversation.

Depositionof ThomasF. Sperandeo


155

A.

have

them.

As

far

a hypothetical

know,

understanding

even --

if

it

neizer happened,

question

you

MS. MARTIN:

that

so

asking

you haven,t

hi_m about

with

an

edtabl-ished that

he's

to whdt Marier-a Farias

MR. COWAN: He just


that

did

tebdified

a moment earlier

he and Ms. Farias


MS. MARTIN:

He testifidd

they both had

72

they had mentioned t.hat there

wdie no financral

13

consequences, so he's already

answered that

I4

MR. COWAN: Correct,

15

you know, do you -screen

t.ransl-at.ing this

I1

(Dlscussion

18
I9

without

20

the

27

differently.

having

record.

0.

So it

employee didn't

24

the

z3

be no fj-nancial

but

do you have

try

the

later

your

record. )

am going to
to

try

to

clean t.his up

hunt dowp the right


try

1to do it

was your understanding


get

is

already?

We are gorng to

23

shift

to

questl0n.

which means

hel_d of f

MR. COWAN: I

zz

canrt

he hasn't

11

I6

abpiLrt a conversation

are

how can he testify

9
10

as

spot in

a little

that

if

an

his

or her brQak at. the middle

of

got

one at. the

woufd

consequence to

the

end,
club,

that

there

and it

would

Depositionof ThomasF Sperandeo

156

not

employee,

have

to

be

A.

That

O.

Did

is

correct.

that

belief

understanding

ever

A.

No.

o.

Did

perlod

for

A.

10

something,

11

O.

I2

11-

13

brea ks ?

or

for

any

premium

pay

to

the

correct?

responsible

you

every
I

--

ever

did

understand

that

it

f ive

t.hat

\arere worked?

hours

so af ter

lil<e

they

entitled

to

12-hour

befief

or

change?

believe,
are

So you

that

understood
shift,

they

if

was a 3O-minute

ten

hours

another

or

one.

sombbody worked

are

entit.r-ed

10_ or

t.o two mear-

I4

A.

Righr.

15

O.

W h a t w a s y o u r u n d e r s t a n d i l n ga s t o w h e n a n

15

meal

employee couJ-d waj-ve a meal period?

I1

A.

If

1B

O.

Did you understand how t.hrat waive:: coutd take

I9
20

pl-ace,' in

their

other

shift

words,

A.

They had to

O.

In

22

A.

Correct.

23

O.

And

24

A.

Well,

)1

25

every

was no lorrger than

six

hours.

in what form?

sign

it.

wrj_ting?

you

understood

t.hey signed

it
it

could
--

be

revoked?

we had them sign

it

trme.

Deposition
of ThomasF. Sperandeo

751

A.

Thatrs

O.

Is

set

were at

it

i_t.

accurate

up Lo i-nsure that
feast

A.

employees where there

9
10

that

But before

O.

13

insure

I4

gettr_ng at

15
L6

the

breaks on some

was cust.omer service.


they woufd actually
time

that

that

to

t.hese lawsuits

they

shut

took t.heir

say that

or monitor

there

that

were no poricies

is

it

in place

to

the employees v{ere actually

l_east 30 minutes to eat.?

r^nrranf

o.

when did

policies

employees were getting


A.

were fi1ed,

At direction

get
at

implemented to make sure


reast.30

minutes to

eat?

from our attorneys.

19

M S . M A R T I N : H e s a i d , ' w h b n ."

20

THE WITNESS: When?


BY MR. COWAN:

22

O.

When?

23

A.

Probably when these were filed.

24

O.

If

25

t.hat

meal break every day.

accurate

2I

breaks

some of

s c h e d u l i r r r Qt h e i r

down, and they had a certain

I2

1B

was no policy

meal-s?

l _ e ft ,

Other departments,

11

I1

for

know, bef ore I

managers were actually

say tluat there

empl0yees were getting

30 minutes

to

showed you a document that's

been marked as ExhibiL

29r which is

previously

a memofrom Mariera

Depositionof ThomasF. Sperandeo


159

Far:ias to

employees, with

your name cc,d

a b o u t m e a l _b r e a k s a n d r e s t

this

before

A.

What was the question?

O.

The question

memo
or

--

sorry
after

this

such policies
memo was sellt

is:

to mon:-t.or and make sure

]-east 30 minutes

before,

10

A.

11

the re .

T2

O.

if

to

You just

that

employees were get.ting


this

a diffdrent

testified

l-awsuits were fired,

15

to monltor

15

at

that

you started

and make sure that

l-east 30 minut.es to

policy

memowas sent out or

That's

at

It

states

in

question.
some polnt

after

the

implementing procedures

eat.

clockj-ng out,

whene we changed the

a n d c _ l _ o c k i n go u t .

O.

That was the procedure

20

A.

Uh-huh.

27

0.

And that

23

at

the empl0yees were gettlng

19

22

out?

Did you implement policies

eat after

am asking

I4

1B

were implemented

you can remember?

No, I

A.

talking

do you know whether

They signed the employee manual-.

13

I1

breaks,

on f t,

ApriJ- 16,2009
A.

24

software.

25

o'

was done on or

memothat's

Yeah, thatrs

that

was implemented.

about

the

date

marked as Exhibit

of

this

30?

when we had the new time clocks,

So the procedure

t.hat was implemented to make

Depositionof ThomasF. Sperandeo

i50

sure that

empl0yees were gettinE

eat was making them clock


which,
April-

in

turn,

did
9
10

was done at

do that;

is

t.heir

in

time

30 minutes to

mear breaks
on or after

systems that

t.hat dorrect?

A.

Correct.

o.

At any time before

the

firlng

of

this

with

concern about employees getting

or rest

breaks,

as required

No.

I2

O.

Other than insuring

attended

I4

--

when I

say --

The programs

15

i-nsurance broker,

I6

and managers, correct?

their

that

l_et me back up.

that. were put. on by your

s & K, were for

the department heads

A.

Correct.

1B

O.

And befow them, you had supervisors

turn,

20

workers,

22

had some supervisory

24

Correct.

O.

To your

25

knowledge --

The supervisors
programs,
A.

authonit.y

for

who, in

nonexempt

right?

A.

23

meal

your managers

I1

19

breaks,

by CaJ_ifornia 1aw?

A.

) 1

lawsuit,

any department head or manager ever approach you

L1

13

for

som6 point

16, 2009, once you put

a]lowed you to

"7

out

aL feast

did

l_et me back up.


not

det to

attend

these

correct?
They did.

Depositionof ThomasFi.Sperandeo
161

A.

Uh-huh.

O.

My question

is

more focused.

These memos really

people

certain

conditions,

right,

monltor

and enforce

that.

have to

7
B
9
10
11
I2

fn
their
A.
their

take meaf breaks

other

rights;

words,

donrt

Exhibit

O.

29 is

fact

breaks

being

educating

that
under

done to

employees about

that?

t.hat's

telling

say anything

about

people that

they have to

take a break.
Okay.

14

O.

Do you agree?

15

A.

Yep.

76

O.

It

doesn't

T1

remind them to

18

got to

19

A.

tell_ them where or how and doesn't

clean up,. it's

take these breaks,"


Correct.

referring
t t

22

This

back to

is

just

spelling

out,

"you

correct?
regardii_ng the

employee

the employee manual?

v a c

To your

23

issued to

24

HR, before

25

the

rights.

A.

27

a n d \ j ^ / h a ti s

it's

know if

to

and rest

would you agree with

13

20

pertain

the
this

knowJ-edge, was any simifar

memo ever

e m n l o r r e e s r ^ r hlie y o u w e r e t h e d i r e c t o r
one in

MS. MARTIN:

January of
Objection,

of

20Og?
vague and ambiguous/

Depositionof ThomasF. Sperandeo

754

asked

and

2
3

answered.
THE WITNESS:

Not

that

remember.

to

say

that

before

BY MR. COWAN:

O.

Is

it

in

January

sent

out

cfub

took

under

copies

dj-scusslons

to

accurate
of

educate

its

the

faw

to

of

the

employee

MS. MARTIN:

11

THE WITNESS:
aware

13

BY MR. COWAN:

I4

of

rest

the

onfy

about

breaks

handbook

those

10

that

employees

meal_ and

about

I2

2009,

thj-s

memo was

step

that

t.heir

rights

was giving

which,

in

the

them

turn,

had

rights?

Objection,
Yeah,

ca]ls
don't

for

speculation

know.

am not

any.

Based

O.

--

15

club

I6

Exhibit

1,1

thing

1B

rights

19

the

20

correct

27

A.

22

department

23

their

24

rest

25

at

did

on what

before

you

this

29 was issued
the
to

cl-ub did
meal

employee

January

ed.ucate

and rest

handbook

the

memo that's
in

to

know,

its

breaks

which,

of

only

thing

marked

as

2009,

the

employees

was giving

in

tllrn,

that

the

only

about

their

t.hem a copy

discussed

of

them,

?
Correct,
head

scheduling,
periods

their

leve]

and

as
held
that
stuff

far

as

their

the

But

own trainings

scheduled
tike

cl_ub.

that,

the

each

and part

of

breaks

and

meal

and that

was handled

Depositionof ThomasF. Sperandeo


165

1
2

That

O.

A.
that's

scheduled,

taking

basis

9
10

when you

D o y f

meaf

Uh-huh.

T2

O.

Is

13

1s that

\4

their

15

and observation

I6

be schedul-ed?

tiirem.

scheduling,

Because

and they

am not

trying

make sure

correct

have

on

to

they
to

are

rotate

a weekly

argue

with

am understanding

your bel-ief

that

employees coul_d infer

rights

your

__

what

to

breaks,

or

contention

or draw l_essons about

based on hearing

and discussions

Objection,

conversations

about how they

rnisstates

are

to

his

restlmony.
THE WITNESS: No.
BY MR. COWAN:

2\

23

it

MS. MARTIN:

L9

22

doinE

r_ -. .he zm

about

A.

20

to

'l-ollin^

That ! s done

breaks.

am tal_king

r 1 g .

11

1B

are

nf

meal- breaks,

am trying
^

d r s

T1

fu es lrr m
r r Dq

educating

Understood.
I

J v u

rn

are

their

their

O.
you.

schedule.

Wel_l/ when you

to

cs rm
r r ln/ rl voJ v e eevsJ

edttr:afino

goes

O.
in

the
A.

So how would they


scheduling

get educated by participating

process?

Because they

wou_ld havel Lo schedule

24

breaks around each other,

25

on the floor.

to make sure there's

their
coverage

Depositionof ThomasiF.Sperandeo
766

knowledge --

O.

To your

A.

Of the restaurant.

O.

To your knowledge, what in

nr-.oq<

entitled

rest

of

arlrra:+-ed them to
to

break

time

a meal- break
of

at

least

fact

of

ten

at

A.

l-unch and

The manager

minutes

telJ_ing
food

the

two meal

periods.

11

O.

Anything

L2

T haf r e

13

O.

Exhibit

were

30 minutes

based

and a

on the

at

needed

was provided

amount

for

to

go to

in

the

else?
i r -

29 was issued as a result

Messerschmidt .l-awsuit that

was filed,

15

A.

It

L6

O.

Whose decision

71

A.

1B

O.

Did you review

20

A.

Yes.

2I

0.

Did you help rewrite

22

A.

23

0.

Was it

A.

25

they

them they

when the

kitchen

24

]leAst

also

10

19

that

scheduling

worked?

I4

the

that

was a reminder,

of

the Lucy

correct?

Ves, about policy.

was it

to

issue

this

memo?

am not sure.
it

before

Ms. F;rrias sent

it

out ?

corrected

it?

any spelling

shown to

errors.

a lawyer before

it

was sent

out ?
don't

remember.

Deposition of Thomas F. Sperandeo

r61

New

understanding

knowledge

A.

Correct.

O.

f s

^ * ' ' ^ r
rrLarluor

York

who

\J /" o* u

about

of

^ ' - ^ l
srLryf

^
uyss

its

cover/

know

this,

the

in

who woufd

same true
s L - !
Llro

wdJ

January

A.

Correct.

O.

Trying

10

A.

Sure.

11

O.

al]

I2

A.

Correct.

13

O.

Everything

annlie.q

to

for

i n l -

IJuL

we just

The document previously

19
20

Did
of

this

you

whi_ch is

l -

a c c n r d

the

i n n

t A

--

about for

Exhibit

2?

O.

fronL.

f c e

time

talked

16

18

p f

2,

stuff

Correct.

training

I l U

J V U

2006?

A.

a hostess

r ' r r rht :qrv, ca

tu hr ri r. o ,

who woul-d have

EXhibit

15

I1

--

be

save a l-ittl-e

that

1-o F,xhibit

in

involrzerj

correct?

I4

were

manual, with

have

any

rnarked as Exhibit
a date of

involvement

in

B is

2008 on the

the

preparation

document?

2I

A.

No.

22

O.

Do you

23

A.

Brian

24

O.

What was Mr. Wolbers' position

25

A,

FandBdirector.

know who did?


Wolbers.

at

the time?

Depositionof ThomasF. Sperandeo


LlI

O.

Exhibit

T T - M

Let me show you a docunlent previously


6, which is,

F ] I ^ 7 A

Do you

A.

Uh-huh.

O.

Do you

A.

O.

Did

aborrt

i ts

see

remember

you

No.

11

O.

Did

you

fOr

ever

talk

T2

do cument. ?

13

A.

Probabl-y

I4

O.

Sounds like

15

A.

Yeah, I

t_o

O.

L1

A.

Yeah, I

1B

O.

Not significant

page/ a memo

ddcument?

it,

yeah.

any

conversations

with

her

cOntents?

with

anyone

about

this

you are speculating.


It ' s years .

am speculating.

understand.
don't

remember.
enough to

stand out in

your

mind?
A.

No.

2I

O.

You are agreeing

22

A.

Correct.

25

first

her.

20

24

this

have

ever

nrcnaratiOn

A.

23

on the

this?

remember seeing

10

19

least

H ] - A P

at

marked as

nrncadrr

ro

O.
document.

It

with

nte?

doesn't say policies

or

There's
If

a fittfe

you look

at

bit

of

a mvsterv to this

the bottom,

Vou wil-l

see there

Depositionof ThomasF. Sperandeo

r13

O.

But

hard

drive,

its

cra shed ?

didn't

the

so

it

A.

Uh-huh.

O.

So where

A.

The backups

cfub

have

was proteotled

were

--

only

we had back-up

woul-d be

on a dai-ly

10

O.

11

issued

T2

A.

Probabfy each one did.

13

O.

Are you aware of

I4

tapes,

a year

or

and

six

How many other


memos like

food

case

a computer

longest

backup

--

most

the

we changed

them

15

O.

Yes.

I1

A.

No.

1B

O.

Are you able

to

stopped being

20

A.

That particular

2I

O.

This one.

22

A.

Each had their

24

procedures.

own that

Was this

managers

when thfls doc.ument stopped

document?

give

me any es.[imate as to

what

given out?
document?

would say when the

23

and bevera,Je

the cl_ub's emolovees?

That particul_ar

O.

because

up

this?

A.

this

the

back

basis.

being given out to

time

in

t.hey woul_d be

months,

15

I9

some way to

they

next

manaqer came rn.

would put

out/

document availah,l-e so that

t.heir

own

a m:n^crFr

Depositionof ThomasF. Sperandeo

r'71

MS. MARTIN:

What r s the

MR. COWAN:

The question

in

nn l i ni o'

reflected

time

R e s o u r c e s?

your

cornment about
i n h^re

in

are:

this

you worked for

THE WITNESS:

n o l i c i e . s daLn d v a l u e s

IJUrruJE,>

Objection,
Yes .

resulted

know ',vhat the

even

W e r se tL ht l se

which

effect,

Trump as t.he directrtr

MS. MARTIN:

from the

of

Human

vague and ambiguous.


woul_d say

yes.

BY MR. COWAN:

11

Thank you.

O.

I2

Would you say that

13

reflected

I4

ownaciori

15

oi rzen mpmns, I i ke this?

in
nf

this
1 -h e

o
t hl e
vu
r vr !

A.

71

I i ke that .

1B

O.

T9

orde-r that

20

A.

donrt

2I

O.

am going

order

23

f ar-iaf

that

and values

you

stuf f /

as

A \Vr ga tnt
E

f ar

Ii .- FL

fL rhrosr-z) /

24

of

25

Resources at

time

that
the

or were

rw^ gr o! 9r al In

as

: fa c i a l

ever
to

have

occasion

to

:read the

I f
L

and stuf f

wage

restaurants?

remember.
to

show you a copy of

t.hat wage

was previousf y marked as Exh-lbit


just

to

hair.

applies

I
the

e
um
t r nr tl J r o
v rJ ,szsc Jc /q

The physical

Did

the policie:s

document were al_so apltlied

16

22

you

was

document always in

10

do

buest i on ?

want to

16.

know whether, during

you were the


Trump National

director
Golf

of
Club,

the course

Human
you ever

Depositionof ThomasF. Sperandeo


180

We were

under

correct

O.

one

A.
were

for
you

did

apply

restaurants,

11

establishments

I2

fnrm

i <

13

help

refresh

I4

-^rrdtl

L6
L1

in

donrt

think

e1se.
that's

read

to

the
it

told

wage order

as a complete
or

the

that

taverns

where food is

hr6h--ed

and

you

as

wage order

We

that

includes

and si_rnilar

eit.her sol,l or
tL nv

Served

a club.

something.

you this

that

nightclubs,

n
r tm
U vnt rnt JqU rr L
g !o r q

J/

in

liquid

r\ , v O U l _ d t h a t

your memory about whether this

T.rrda

We were

restaurant?

and parks

the

the pubJ.ic housekeeping indusEry

10

A.

ever

We did

So if

discusses

sdnlething

us.

Did

No.

O.

15

code.

recreation

B
9

a different

believed

recreationaf

is

the

^fdef?

This

is

Greek

t.o me.

have

n(5ver seen

this

my life.
O.

18

OkaY.

During

the

you were the

time

19

Resources at

20

from any employees about being

a 1

discrimination,

22

may have had about my c-Lient,

23

A.

No.

24

n
y.

an

25

employees,

Trump, did

ry 'v^uu

other

other

of

Human

you ever hear o.f any complaints


the victim

than any reports,

w e r e n I tu

than

director

aware
qwq!E

Ms.

of
complaints you

Lucy Messr:rschmidt?

o
v rf

a
a rnt yv

cU uorl(nL ny rl a ar r ri n
L rf s

Messerschmidt,

hv

anv

involving

Deposition
of ThomasF. Sperandeo
794

1
2

O
v ,-

I al-

To

mo

J\ /vout !t r

h:cir

^k rnrovwwl rescul yr rEe/

these

lrnnrr'l adno

rli rl

amnl

r.'ri

to

of

nremittm

ncri

nrroo<

8
q

10

that

hottr

nr]

-r

nori

9 i / v ! r v v .

O.

Are

you

No.

72

n
V.

Tt vn

after

e \ v/ es rr

t. al

No writingsr

A.

that

i nn<

A.

verbally

l-awsuits

Tr r! r ru m
r r rn
l/

rFqf

l1

13

r nn ryz
a

r ^ fr .r Ii tf Ji r_ n g S
W

filr:d,

cli SSeminate

trl

ur.

I i na

t.hem

naiz if

that

thev

your

to

n
r r vor n
l uF
^ ex
l rF
L ym r t i

its

1L _rl lr=eJt t

We1.e

didn''cU o
Ye
\ t

entf

tled

meal

nrl?

no.

aware

before

were

of

the

these

\/^ilr
JUur

k^ lnr ov w
w lr es d
uo
V e9 /

these

lawsuits

empl-oyees ever

lawsuilts

were

+L^^^
LItyDV

wg!V

being

told

filed?

^**l
l=Irtprn
v Jr zU oUoJq

lu- vn rl u. l

were fil-ed?

T4

A.

No.

15

O.

Do you know why?

16

A.

They woufd take advantage of

11

evef

rrh

Before

an

LWr eF IFgF

and purposely

it

do that.

18

O.

know you said before

19

with

Donald Trump were Iimited,

but

20

h i m m a k e -a" n
comment about the
J v

fact

a 1
Z I

\waqI o2 a

22

benefits

ri rmr rn l nJ rv j! -

L o: rnr t

to

23

A.

No.

24

O
\ 1 ..

n
u fi ud

25

vn ! rY^o=l rl lI i L q W rLy V: ll .t i

nn

tLhl ^r qi -

which

lL- rhl ea

they

\y /v 1u - ' , , saVr s' 6! r

a J\ /
Ja q

a
u rmr n
r Il Jnrrvr yasagao

were

ll l. sr oa! : r

your interactions

that

you ever hear

did
that

d
a l -L
gg

r lL . L I
a

he thorroht it
lL- l hl g^

r.'-^^^
waggJ

---.1
aIIu

entitn-ed?

o=l n
r jV
, vO
r rnu e

e]-Se

i-n

hiS

J -h : j "

Depositionof ThomasF. Sperandeo

r82

No.

O.

After

these

l-awsuit

i n c j e n e n c leer n
r Lt JI Jr z - -

determine

:l-rntt1_ nc^nla

30-minute

was filed/

if

a
a tt

ricnied

meal- break

O.

To your

10

investigations

11

counsel ?

or

werb

a.fter

investigation

tt n
hee

hcinn

No.

rr eeqsuueess t L

o Lf
u

be a basis
1-ha

knowledge, were the

Jq ul l! rs e

I4

communications.

y\ /v- ur r

15

ru lunl nr l 1 -L

the

^u i] -S^ul I^L- J^ J c

ua vf vt vnar n a r r

d.lly

as to whether or

71

not

1B

answered.

at

the

19

request

So if
af

^Arrhca

2I

not

of

there's

there

break?

only

such

here,
/al

. ir av nr rt u

tO

q-

I "u1r If

the resul_t of

just

make

nrirri
loao
l/!rvrrsgs

you can respond

were any investigations

done

counsel-/ which you have already

something you did


Ann r r-

tl-'a^

^ ^s i L
g

rest

You can answer as to whether

16

--

allegations

1L -va

were performed done at

that

first

,, la -f L: a w y e f

vn vn yn vn !r f r r Ln ui 'r Fr fr r L J

a ten-minute

the

conducted

for

MS. MARTIN: Just to object

t3

2)

n
n oott

might

A.

20

was any

there

I2

fawsuits

^^erl

f ^

at

tL eU sJ Ut . ! r li f r r

the request
3f6gl

that.

THE WITNESS: Okay.


BY MR. COWAN:

23

yO. .

nial

\ / voul l

n a r f i Lr r- ui n
f a tv eq

l r q r

L E

24

were

done

after

this

fawsuit

25

employees

were

being

denied

in

A n \ , / i n r r r = q fu il ^v -o #L 'f i

was filed
the

^u r- r- J

fL rl -t 'd -Lf

iabout whether

opporturrity

for

Deposition
of Thomas
lF.Sperandeo
183

one

coverage.

on

3
4

the

So in

O.
permission

A.

O.

We had

the

from

wdY,

to

you

a supervisor

to

A.

10

know where

11

o.

premises,

make a

had

to

food

we had

employees
take

they

ample

needed

a meal

run

also

__

break

Correct,

because

everybody

Then you

if

had to

and leave

know who was thre

get

because/

elther

and who wasn't?

we Eot

a rush,

we needed to

was.

cou]d

was no problem

catr-

with

13

MS. MARTIN:

I4

THE WITNESS:

15

make sure

same way that

on the

permission

there

to

Correct.

I2

ffoor.

them back

the

to

service,

Objection,

make sure

that

correct?

cal_ls for

speculation.

yeah.

BY MR. COWAN:

16

But

O.

I1

the

1B

were/

I9

call

20

you

purpose
so

if

people

your

understanding,

of

this

all

of

and

sdy,

to

come back

2I

A.

Correct.

22

O.

Let 's

tal-k

Frrst

of

23
24

the

25

about

dlrector
what

of

rule,

take

brief

all,

HR at

during
rrump,

was a rushr

jUst.

care

ly

woul-d know where

there

"We have

and

california

so you

sudden

why __ that

that's

of

been
these

lteriods

the

time

you

-law requires

could

lou

people',?

rest

four

people

s1ammed,. we need

about

did

was

worked

as

understanding

about- periods

ever

Depositionof ThomasS'.Sperandeo
188

e h : n a a ?

A.

No.

o.

what was your understanding

requires

5
6
'7

get

You get

one

rest

period

what

was entitled
fewer

11
I2

A.
they

eight

were

the

period

in

the

afternoon

morning

and you

on an erght-hour

understafrding

a rest

break

if

as

to

what

he or

someone

she worked

hours?
get

one/

depending

on how many hours

scheduled.
If

they

for

They would

would

15
I6

in

was your
to

than

13
t4

one rest

shi ft .
o.

l0

raw

periods?

for

A.

about what the

they
get

If

were

schedul_ed for

a meal

break,

then

two.

they

were schedul_ed not. for

a meal- break,

then they would get one.

T1

a.

Anything

1B

A.

No.

19

O.

To your understandi_ng/ was that

20

supposed to

e.t_se?

ten mrnutes

be uninterrupted?

) 1

A.

Correct,

22

0. .

What was your understandlng

and away from their

23

consequence woufd be if

24

opportunity

25

A.

to

take

I befieve

at
it

area.
about what the

someone was not given


.least a tem-minute

rest

the
break?

was one hout paid.

Depositionof ThomasF. Sperandeo

189

O-

Preminm

A.

Uh-huh.

O.

Same consequences

A.

O.

That

A.

Uh-huh -

O.

Were employees

to

their

10

go to

be]ieve

the

rest

narz?

they

missed

a meal- break?

so.

was your

bathroom

break,

understanding

aflowed

if

they

as you

to

had

at

all

take
to,

understood

in

times?

shorter

break

addition

to

company poticy

to

be?

11

A.

Sure.

L2

O.

So regardless

13

rest

T4

go?

break,

all

15

A.

If

16

a.

Did

I1

if

you

they

A.

19

no one

20

O.

2r

breaJ<s, the

22

filed,

the

23

about

their

24

employee

25

handbook?

I f
t,here
Is

to
it

only

not

got

need permission
t.o go to
were

take

in

to

the

of

that

they
go,

had a

they

can

up until_

thing

that

to

handbook

and

where

t.he time

break

giving

it.

Customers,

was done

a rest
then

the

a supervi-sor,

as

bathroom?

as was the

--

rights

from

a position

care

correct

only

or

cal-_Is, ye s.

it,

they

whether

a sudden they

nature

understood

18

of

of

to

them

with

meal

l_awsuit

educate

was put

l_eave

yes .

case
this

would

it

a copy

was

employees
in

the

of

t.he

Depositionof ThomasF. Sperandeo


190

MS' MARTTN: objection,

about what. was done with

BY MR. COWAN:

O.

Is

A.

Each manager

educate

thej-r

A.

10

O.

would

the

other

about

I2

no other

13

employees

I4

breaks,

71

the meaf breaks.

manage their

department

and

on that.

time

this

lawsuit

-_

was filed

Uh-huh.

11

I6

testimony

back up.

Up until-

respecli. to

his

correct?

employees

Let's

O.

15

that

misstates

rest

A.

than

putting

breaks

in

the

wri-tings

or

other

to

educate

it

in

emproyee

handbook,

written

them about

a discussion
there

documents

their

right.

were

given
to

to

rest

correct?

Correct.

There's nothing

in

t h o s e m e m o st h a t

you are showing me.


So it. is

O.

your testimony

1B

thing

L9

responsr-bility

20

they were entitled

) 1

corre ct ?

that

was done was that


to

22

A.

Correct,

23

O.

Is

it

verbally
to

Lhat the

individuar

make sure people understood

take a rest

break;

is

that

and the procedtures of how to

correct

that

do it.

the club never took any

steps

25

depa::t.ment heads or managers to make sure

own to

other

manaoers hecr A

24

on its

only

independently

monitor

the
they

were

Deposition
of ThomasF. Sperandeo

191

actual-1y carrying
subordinates

t.his out

about their

MS. MARTIN:
about

what

anybody

'7

HR and account-ing,
They

would

trA^1-

or'l

ri

rights

to

Objection,

dj-d besides

THE WITNESS:
6

and educating

As far

monitoring

come and complain

rest

breaks?

caIls
himself

their

for
.

as we were
was the
to

us

if

speculation

concerned

in

employee,

itself

they

not

were

nht

BY MR. COWAN:

10

So as you --

O.

so as far

as you are aware, there

11

were no other

L2

or

13

to make sure they were actual_ly verbally

I4

educating

15

relying

L6

believed

steps being taken by management to monitor

supervj-se the department heads or

the employees about rest

on employees to
there

A.

Correct.

1B

O.

Thank you.

19

A.

If

20

O.

Thank you.

2I

managers

reminding

breaks,

or

and you were

come and complain

was a problem,.is

I1

the other

if

they

rthat correct?

there had been an issue before.

Based on what you said

22

befo::e t.his.l-awsuit

23

complaints

24

opportunity

25

A.

was fiIed,

I want to

yolr were not

by an employee about being


to

take a rest

confirm,

break,. is

aware of

anv

denied the
that

correct?

Correct.

Depositionof ThomasF. Sperandeo

r92

A.

Yes.

ni.l

A.

No.

O.

Never

A.

No.

O.

Never

A.

No.

O.

Do you

interactions

\/ou ever

played

have

11

"I

L2

V /

13

L
-'-^
I l a v g

I4

a hands-on

15

A.

He is

15

O.

He would

T1

a-

just
tr

m-h
-d^r
rttdlrd9E!

met with

,w .l 'l lq aU -g fV^s r! ? ^ r

o r r

it

^^i'^i^1

as

q J

u P I l l I U r l

or

Mr.
iL qa t

f u

based

indirect

or
qnmahnjrz
JvrrrevvuJ

^v rr

him

at

the

club?

him?

an opinion,

directly

^^h^r9ClICrdI

with

golf?

with

ate

10

social-ize

-nmcq

his

hands-off

-n:l
orlu

\'^11
J/uu

i n q f r r r c uJ v- ui rnv nl IeJ

manaoement

l I l J

tn

we need to

he says

.e ^v lmt umr lr ur rnr Ii Uc q: uj _r Ii rnY n

tu o
v

own

interactions,

ce l- - - q c

Trump;

on your

l l l q r r u y u f r l u f r L

sJ u tj fvu l e

JqyJl

do A,
| nU
u

heino

v u a r r y

B,

\y /U-ul l

one

v r r u

of

v !

delegator?

a hands-on.
get

invol-ved

j-n decisions

about

dctaiIer'l fhinos?

1B

C
:rnajv q + F v u /

T9

O.

Did you ever hear Mr. Trump tal-k about things

20

he said in

21

true?

22
23

the past,

rlannrrf

inn

m
nqtlr
. , . - - - * ! .

but no longer believing

MS. MARTIN:

Ob;ection/

vague

them Eo be

and ambiguous/

overbroad.

24
25

ce r hr qa* i! rr ,q

THE WITNESS:
answer

Yeah,

don't

know.

canrt

that.

Depositionof ThomasF. Sperandeo

205

BY MR. COWAN:
n
v.

2
3

ni.{

h i s nast
A.

Like

O.

Yeah,

A.

No.

O.

Did

or
Y,

you

that

h e r r in o a h e l i e f

10

ocnernrrsl rz- qo thev

11

always

Lr l v_ I

do their

Tr ! ru tr rtrm
l J r : rruey o
u uu
r sdu iv a t . e

belief

q ln
r Jv
a

of

s?

mind?

sayingr

ever

I'r!

his

his

but

M r .t

lI9oI

or

change

X or

believed

hear

svsr

.statements

ever

"y vcuu

u!u

lou

today,

hear

Mr.

years

kriow,

"20

don't

anymore"?

Trump say

a9o,

anything

about

emnlnrrees shorrld he naid


w o r r ld b e o r a t e f u l

and motivated

to

best?

I2

A.

No.

13

O-

DicJ vou ever hear Mr. Trrrmn exnress concern

I4

about trying

15

A.

15

talk

T1

nuuvullurlrv

to

keep payrolf

Yes, but

to him,

but

not directly
that

n ^ ^ ^ , , . - F ; ' . - -u s^P- a r t m e n t

as l-ow as possible?

costs

from him because I

was conveyed from New York,

O.

Who in

79

A.

Jeff

20

O.

When were those concerns expressed to

2I

A.

Budget.

22

a.

In what years?

23

A.

Every year.

24

n
Y r

Sn

25

wdJ

-1,.'-.'^
daway-

Accounting

Department?

McConney and Affen

fnr

the

there,

18

the

didnrt

Weisselberg.

you?

Budget time.

c- .r r e- r- \J /

l r L E J ^J -a ^9^E

\J / o- *: -r
l -E^ ri r r ^v ^
u

l - h , a 1 - -r Yr nv ur r
^1qq64l
PoDJsu

n rnl
u

rrrFrF

tL^U

ful r- I' E^ l- E^ /

y\ 7u ^, U

f fOm

+L^-^
L l l s l E

the

Depositionof ThomasF. Sperandeo

206

9grIsroI

do

'1 '--^-^^r
tltalloVs!

our

best

Are you aware that


o-

S oayVDs
D

fL lhl aa lt

We

need

tO

downtt?

expenses.

+
y^ ^c^r^rLu. r- r^ d
.nt

or

a-

+ - - + ^

taste

A.

No.

0.

Are you aware that

Trump is

Mr.

known for

good-fooking

for

women?

he bought

the

Miss Universe

known over

pageant?
Yes.

10

O.

Are

11

\/a2rq

T2

hiah-nrofiIe

fnr

aware

that

he's

been

daj_od

qnmo

rzar\7

t 1 - i - r : n fv

that

he has

v^^

I4

O.

Are

you

with

aware

women who are

MS. MARTIN:

l-o

71

assumes facts.

1B

BY MR. COWAN:

19

0.
involved

To your
with

))

THE WITNESS:
ncrt

24

BY MR. COWAN:
O.

Objection/

a woman who wasn't

MS. MARTIN:

23

Objection,

I n o k i n c r f c r m e ./

very

knowl-edge/ has

2I

nond

the

irro

u 4 w v /

women?

involved

you

h:rrinn

13

25

I i ; l1r g6

costs

O.

A.

20

the

All

15

keep

to

: eU u cv nu rr lrLr fl
q

rrEy/

A.

- . ;
rL r- a
v r r^r^v

trLlorz
/

donrt
h
v u iu r t

mean romanticalfy

he

r r !

been publicly

always

glamorous?

vague and ambiguous/

he

ever

very

been

good

publicly

looking?

vague and ambiguous.


ltnow,' Barbara Wa.l-ters is
hanos

ollt

with

her.

involved.

Depositionof ThomasF: Sperandeo

201

A.

We need

O.

When she used

have

any

to

particular

A.

If

O.

Are

A.

Yeah.

O.

What other

A.

Bullying.

10

O.

Any other

11

A.

Sarcasm.

was sexual
you

aware

I4

A.

No.

15

O.

Those are al1

you are aware,' is

I1

. A.

Corre ct .

18

O.

Including

under the l-aw,'is

20

or

concerns

harasSmbnt,
any

harassment

of

that

for

you?

yes.

kinds

other

did

of

harassment?

you

are

aware

else?

that

the

that

kinds

of

harassment of

which

correct?

anything

MS. MARTIN:

that

might be actionable

right?
Objection,

caIls

for

a legal

conclusion.

22

24

"harassingi,"

There's many.
Anything

23

word

kinds?

O.

2T

of

kinds

13

19

the

it.

of?

T2

I5

into

connotationS

it

fook

MR. COWAN: I
rrndorql.

:nrli

am talking

about

your

nn

THE WITNESS:

My understanding,

yes.

25

Depositionof ThomasF. Sperandeo

237

A.

Yes.

O.

What was your

understandiing?

A.

That

signed,

O.

Did

A.

That's

O.

Had you ever

anything

that

they

are

entitled

t'n

t.hrnrrah

/1-\\
\ N

.A.

10

O.

As

11

\rnr1r

m'i

you

have
the

any

other

understanding?

onl v one I
read

recal ].

Labor

Code sections

"

donrt
I

know.

recite

it

don't.

remember.

you,

to

it

A.

Have you read it

13

O.

I'm

T4

doesn't

saying:

stand out

As I mention the name to

No.

I6

O.

You have no idea what it

71

C
- -n -r r^a-^uj -u .

1B

O.

Did

June

you

sending
10,

2008/

, 1

A.

No.

22

O.

Has it

23

n
9 ir rv rr i .nLrl ^Yr

24

Ms.

25

crr o
: "F"t

out

in

fLhl el s

check

your
as

C InJl r, y,
rr E

r-onies of

with

response

+l--+
ulraL

her

r,^!r
yuu

rights

to
in

ever come to

Ms.

or

under
or

correct?

efse

Messerschmidt

Exhibit

y\ rv^ur l

to,

anyone

on

25?

your attention

r.l-.1
uau/

navrol l

pertains

lawyer

reffected

Messerschmidt.'s

you, it

your mind?

in

A.

20

stand

to me yet?

15

before

doesn't

nd?

I2

L9

226(a)

that,

in

rvrr. ui nf q
l :Lt g
- a( 1 l

the
time

Labor

Code to

see

records?

Depositionof ThomasF. Sperandeo

261

MS. MARTIN:

Objection.

Donrt

to

i n r r o l r z e *^, n. \J/

attorney.

5
6

answer

the

- o m m l t ni r - a t i o n s

THE WITNESS:

your

extent

rzou have

response

had with

woufd

an

No.

BY MR. COWAN:

As you sit

O.

here today,

do you believe

that

the

response you gave to Ms. MesserSchmidt.on June 10, 2OOB

wdJ

dPPr

uPr

r i

f o r f u ua

10

A.

Yes.

11

O.

If

I2

q:mo

rFqn-nqc

Of

A.

Same.

I4

O.

Is

orioinallv

you coui-d do things

13

15

it

diffefent

your

fi led

understanding

a claim

with

A.

Yes.

I1

O.

Did you participate

that

A.

Yes.

20

O.

Was it

that.

the

in

Ms.

Messerschmidt

Labor Commissioner?

any hearings

involving

a settlement

cornference or

something

e 1s e ?
MS. MARTIN:

Z Z

23

the

claim?

19

27

would you give

One?

I6

1B

over,

Objectj-on/

vague

and ambiguous.

BY MR. COWAN:

24

O.

You went

25

A.

Yes.

to

a hearing?

Depositionof ThomasFt Sperandeo

258

O.

What was it?

A.

It. was discussing

/ . i ^ J . i ^ - + . i ^ ^ \
Lf 11Y /
\ rrluauq

this

right

here

O.

It

A.

The check.

O.

At that

was discussing?

hearing,

did

you say anything to

Labor Commissioner about how Ms, Messerschmidt's

e m n l o r z m e n 1 _h a d

ended?

A.

10

O.

Can you

11

don't

remember.
think

A.

No.

13

O.

next

in

show you

will-

order

as

Exhibit

(Pl-aintiff's

15
I6

identification.

I'l

BY MR. COWAN:

18

anything

that

would

help

you

O.

It's

20

Messerschmidt for

)1

January 6, 2008.

22

Exhibit

mark

65 was marked for

an employee timesheet for

23

timesheet

for

24

(lnl f

nanolglgdl

A.

we will-

65.

a period

of

Do you recognize this

Cl rrh

that

Bates stamped DLM 00411 and constitutes

it

says it's

a docurnent

I9

25

of

remember?

I2

74

the

Lucy

December 24, 2001 through

dsr

in

fact,

being a

Ms. Messerschmidt thaL the Trump Nationaf

Yes.

Deposition of Thomas F. Sperandeo

269

Wou1d you agree that

O.

timesheet

r i r rr i n r . r t . h c

A.

for

Ms. Messerschmidt aLrdthe

neri

orJ that

overbroad.

BY MR. COWAN:

Anril

o
v !f

hy!!r

2Ong fo

LwwJ

and out

11

o
v!f

sJ vor r m
r u vev b
s Jo c l v r
9 f:ul u^A ^
f r rr v' ; - ^

I2

and

13

they

I4

woul-d have

15

rl

then

for

their

A.

applied

as

to

-^^:le

to

PUUI

way this

r-lor:kino out

anyone

at

the

clock

with

9fvur\arrY

was any

there

in

shows entries

how many regufar

to

over

hours
pay

overtime
is

club,'

that

Correct..
MR. COWAN:

minute .

go of f

Letrs

MS. MARTIN:

20

(Discussion

2I

M R . C O W A N:
short

need
the

to

a break

for

recorcil.

We can
held

take

go off

off

Al-J- right,

the

record.

thre record.
we have

)
now t aken

break.

23

Back
o

v .

SI T

tu hr r e
sln
r

^-r

ollu

you switched

dJf,uwgu

r^

III

and ambiguous,

-rr-"^r

t- h
- - -d -L

the

and whether

I9

25

employees

dnf

24

other

control-1er?

vague

meals/

a cal-cul-ation

worked

r'l

22

the

that

time

svsfem

in

I6

were

Objection/

the

So up until

O.

10

1B

v ov sl ]

MS. MARTIN:

a t.ypical

Yes.

is

this

l-)n

on Lhe record.

\ / ^v ur r
J

o ur
rnr o
L e

tLnv

n rhr q: nr r ny cu
e

e rnr yr
q

vc Ir

\rnlrr
J v u r

tLee so J - ui m
a lA
t Lnv \t r/

) / /

Depositionof ThomasF. Sperandeo

210

before

2
3

t:kincr

A.

It

general-

me:l

nari

was already

manager

or

tut rnrcul se !r rsLf a r raun rcrl ri g n r - r t h : J -

anl- i {-l a^

period

place

rn

n r p evrlLi r r ru rr rmr n e r z
tJoy

after

the

fifth

THE WITNESS:

10

question.

11

BY MR. KACHADOORIAN:

T2

O.

Coul-d you

13

A-

What was the

L4

O.

Was rt

before

he became

l-awsuits

were

filed,

I6

Nationaf

Go]f

club

L1

omnl nrroo

t _n n l z

1B

work?
No.

20

O.

They

27

A.

No,

a.

You did
nr

were
I

1L r-r.Eh e serm
l t ln
J fl

of

tLnQO k

were

meal

asked and answered.


answered

i_t agai[-r f or

understanding

that

me/

that

p ] _ e a s e?

ad

af te1.

entitled

before

employees

ent.itledrto

nori

not

not

employees

question?

were

didn't

oyrcz: ee o
u

your

work?

already

nonexempt

maa I

A.

was it

nlonexempt

Objection/

answer

your

15

fi !f

hour

19

--

a
- ,m
. .nyl r vayruuuaia c

MS. MARTIN:

i rrm

in

head pro.

nram

l < ?:

Before the l_awsuits wet'e filed,

O.

23

r vn
u Jr

vsr

at

the

Trump

prernium pay
the

to

f if

th

premium

if

hOUf

the
Of

pay?

know that.
know that

they

were

entitled

to

rr?

24

A.

Not after

25

O.

What is

five

hours.

your understanding as t_owhen an

Depositionof ThomasF. Sperandeo

215

employee

let

me rephrase

Before

the

director

your

understanding

nrami

rrm

of

HR at

lawsuits

as

to

Werve been going

today.

already

10

Objection,

answered al-l

CIub,

were

what

was

enti-tl_ed

to

test:-mony was a

I2

it

little

and answered.

asked

at

this

of

these

MR. KACHADOORIAN: I

11

for

just.

quite

a while,

questions

rhink

earlier

rhat

unclear,

and I

They are

avail_ab.Le to

and

the

arn trying

to

make

cl-ear.

13

THE WITNESS:

I4

if

15

minu [es .

L6

BY MR. KACHADOORIAN:

they

I1

didn't

received

19

during

20

nrcmi

ttm

get

So it

O.

1B

or

they

got

was your understanding

a break,

their

a break

a ful-I

- s h r ft ,

premium

,Less than

that

if

3O-minute breal< at

then they weren't

pay

30

they

any time

entitled

to

narr?

2t

A.

Correct.

22

0.

You mentioned

23

Golf

and you

n:rr?

filed

when eriiLployees were

MS. MARTIN:

he's

were

Trump Nationaf

that.

available

for

that

that

the

club

made food

employees, correct?

24

A.

Correct.

ta

O.

What times

did

the

club

make food availabl_e

for

Depositionof ThomasF. Sperandeo


216

employee

is

entitled

director

of

HR and before

was your

understanding

had

ten-minute

to

6
7

10

before

rest

asked

the

as

to

were

were

t.he increment

filed,
of

what

time

was entitfed

to

that

Objection/

vague and ambiguous/

and answered.
Once they

start

their

shift.

BY MR. KACHADOOR]AN:
O.
before

I2

period?

How many hours


an employee

is

does

A.

Maybe three hours;

I4

O.

Did you know at

15

A.

Yeah.

76

O.

What was the basis

I1

A.

It's

1B

O.

So just

I9

A.

Also,

20

O.

What is

2I

A.

The Cafifornia

22

O.

Are you talklng

23

A.

No.
It's

a California

the

entitl-ed

13

25

]ar,Jsuits

you

period?

THE WITNESS:

11

24

while

an employee

MS. MARTIN:

B
9

elapse

--

t.o a ten

employee

to

a ten-minute

I don't

the

have

to

work

rest

know.

tinle?

for

your knowledge?

l-n the employee hanilbook.


the

statement

the Cal_ifornia

in

the handbook?

Lalbor Law Guide.

that?

through
Labor

Labor Law Guide?

the

about

t.he Labo.r Code?

Chamber of

Law Guide.

It's

Commerce, thev

have

a book.

Depositionof ThomasF. Sperandeo


219

Exhibit G

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

3
4
5
6

LUCY MESSERSCHMIDT, individualfy


and on behalf
of alt
others
similarly
situated,
Plaintiff,

1
8
9
10

Case No

BC 403 087

VH PROPERTY CORPORATION DBA


TRUMP NATIONAL GOLF CLUB, and
DOES 1 through
100/
n ^ F ^ - l - ^ + ^
UE!ElIUOIlLD

11
T2
13
I4

(Per Protective
Order Section 4, this transcript
has a
- subject to protective
temporary "confi-dential
order"
designation for a period of 30 days after the deposition
i-s received. )

15
16
T1
1B
19
20

DEPOSITION OF
DAVID CONFORTI,

INDIVTDUALLY

TRUMP NATIONAL GOLE CLUB'S

AND AS

PERSON MOST QUALIFIED

SANTA MONICA, CALIFORNIA

MAY 7, 2OI2

2I
22
23
24
25

Atkinson-Baker,
Inc.
Cnrr rt
Pana
,r l _a_r - s
( B0 0 ) 2 B B - 3 3 16
w w w .d e p o . c o m
Reported by:
Aileen NeitzerL,
Fife No. :
A604010

RDR, CRR, CSR No. 5318

O.

So with

that

clarif

ication

any of

your

clubs

prior

back.

At

any

ror-oi

IdW

rror]

rn\,

I-

r a t - n rn g o r

in
to

Yes.

O.

What training

A.

It. would have been thrOugh

t.hrough Troon Golf.

so there

in

omnl

nrrmanl-

are

had you received?

human resources

O.

And you attended

11

A.

Yes.

I2

O.

Did any of

this

13

a club

I4

A.

No.

15

O.

So whatever

that

was in

I6

before

I1

pertained

1B

employment l-aws of

19

where the

20

Trump while
to

Scottsdale,

22

a.

but

S&K I

those.

them?

occur

r ^ i h e ny o u w e r e w o r k i n g

for

training

working

for

federaf
the

you received

while

Troon woul-d have

employment law or

particular

state

or

the

jurisdrction

They are based ouL of

yes.

What kind

We would

think

during

was?

employment l-aw did


A.

was

GM conferences/

brdakouts

And Troon Gol-f policies.

2I

it

Cal-ifornia?

either

club

well,

They have annual

10

25

me go

A.

24

l-et

Trump, had you had

education

23

mind,

of

training

you receive
have

was their

or

name.

wifh

resner-t

when

\J / o n
""

r-amF

t-9

tn

we had seminars put

S eR

Ter-hnnl nrri eg.

Tr r! r ru m
r r rnP ? :

on by
S&K

something.

It

l-unches

It

was

one

q n A - l

would

And
have

been

and,

was

they

you

^ a

just

was one

was

us

that

for

A.

Itrlo

O.

Whaf

10

A.

11

O.

Did vou keen Ihem?

12

13

O.

Was that

a n 1 --

give

.li.l

\/rlrl

-I "*

don't

service

"

The re

ture ?

rj n

r^ril- h

\7

remember.
the

O.

What kind of

don't

rest

or

of

th

no

\r , / o l r r e v i e w e d
" e

fhat

" J

remember.
training

d d votr rer:eirre

training

d d

- *

about

breaks?

1B

A.

None.

L9

O.

What kind
a Fu

kind

time?

76

m
r -r , .u* r^L r v

of

-^-*ri
rsYoruf

r . l. i q c r . i

f
rn rf Y

you

receive

inat.ion

on

the

while
basis

:- rJ r- o' ?

22
23

HR t rainrng.

J ' -

of

and

remember.

A.

2I

for

hara ssment

yes .

"*^'---.s

15

worked

generat

i n i na

haras sment

you lit.e

h:nrlnrr1-

Y-

don't

from t ime to

20

wa

and

I r:

| l t

Did they

meal

roqnltraaq

tion

that_ wa

O.

71

en

som

I4

hu

on discrimin

know,

there
that

gave

Well,

from

t.he

that

was part

S&K seminars

24

What did

25

Well,

they

lhat
tell

you can't

of

hat

we wo ld

just

explained

get.

you?

hire,

re ,

t.reat

people

you

differently

C o m m o ns e n s e s t u f f .

based on race,

O.

Dld that

A.

Yes.

O.

Di al

\/orr

J " *

include

rl vzuo! rv rv rJ q! o l

timokooninn?

A.

No.

Did you get

9
10

Iaw requires
tuhr e
r ev J

li rnr ru-ut rt r

about
w
wh
r ti r - l e

No.

72

O.

Did you get


the

' t h- o i r
-,,-*-a

sharing

of

No.

15

How oft.en were these

And

18

Pardon me if

20

O.

Who offered

2I

manager at

how

,,L^r
wlIdL_

l nrreoq

far

California
6 V n 6 n Q A Q

]O

about
ti

S&

-l-onq woul_d the

. r

what the

n n n l i n a

nroqanfrf

law

tL .r iI n
J Je: ?

i nnc?

I d 5

'

sound va u e .

At

leasL

half

day.

A.

It

you employm

nt

as

fhe

ocnclSf

Trump?
was my vice

23

was Keith.

24

O.

Keith

A.

Oh heavens.

af,
Z J

-L-^,.+
avvuL

about

Once a year.

I'7

Z L

^
Y

any traini

19

y training

nol
Y v L

I4

T5

religion

aqe?

any traini

dninn

A.

requr-res about

creed,

reimbursing

11

13

colo

presiden

at

the

time.

His

name

who?
f

can see

canrt

think

of

Yes, I

O.

How?

H1s was/ I

mine.

t.hink so.

O.

Anything

A.

No.

O.

How are

r ^ r ii _ h

" v

word,

11

believed

I2
1 )
A J

but

I
in

tha L's

you more strict

you helped
A.

is

"strict"

run

Well,

manifested

the
I

you know, they're

I1

sure that

1B

Lhe policies

19

O.

20

procedures

were you referring

2I

A.

general.

of

your

what

than

bel

orzcrl

its

]f

would remind th

76

23

than

came to

Mr.

mind.

VanderGoes

a strong
irrcf

--

we're

that

were in

plac

choosing to
abiding

to

When you said

leaving

work,

schedufed

that,

t.erms of

how

O.

As opposed to

25

A.

Both.

Or just

ahorrf nol-icies

and telf

them that,

wo k there,

that

are

of
in

so let,s

our ability

make
to

place.

whi- h polici-es

and

to

Geez,

rankly,

you know, within

completion

24

staff

the b st

and procedures

Oh, in

how in

cl-ub?

and procedures

on trme,

back

accountability.

15

22

Iaid

mean, it's

just

would say I

And that

O.

L4

t. l-e more

el-se?

Thatrs what

WeIf,

A.

10

li

r managementstyle?

\7-rl

think,

coming to work
a few minutes

tim

lingering
leaving

ooner than you should

those.

O.

As best

you

don't

occur?

A.

Gosh,

O.

Let's

talk

two.

provides

other

words,

meal

11

A.

That they

I2

the

13

perlod.

five-hour

understanding

T6

periods ?

t1

your

switch

know.

eriods

need to

for

a minute

I9

or
faw

onexempt employees,

in

of

for

start.

n')
Y .

t.heir

meal_ ncri

earlier

fo

as to

wha

the

as to

re

uires

regarding

else

what the

MR. BRTGGS:
Cafls

for

understandi

mark or

Anything

O.

15

Iaw

nr'l

ri-

a h a l f - h o u r mea l-

O bj e c t i o n

your
meal

Vague and ambiguous

a narrative.
THE WITNESS:

T f

E o b

3O minutes

uninterrupted.
O.

BY MR. COWAN: Anything

A.

No.

O.

How did

you come to

24

ft's

the

25

O.

How did

22

don't

this

Y 6 C

What's

) 1

about

when did

e m p l o y e e s w h o a r e n , t . m a n a g er s ?

O.

20

know.

about meaf periods

10

1B

rememb T I

Do you have an understandj ng what California

T4

can

E f

J C

'

That.'s it_

in

acq ire

that

unde rs tanding?

employee ha dbook.

you come to

und

rq'l-rnrl

l-et me

106

rephrase

because it's

that.

Is
in

your

it

unde standing

the handbook it'

s required

A.

That was my assumption,

O.

Did you ever

Golf

think

Cl-ub was writing

A.

Yes.

O.

You thought

that

policies

perhaps
re

the policie

rn

respect

Y 6 a

11

O.

Why did

72

A.

Well,

didn't

I6

they

not

Because

O.

15

you think

we paid

knowledge that's

I4

handbook might
by law with

meal- breaks?

13

by law ?

Trump Nat ionaf

the

be more generous than what was r. qulred

10

e i m n l . '

afenarnlrq?

to

that

have to

that?

for

the m

required
in

clock

other

out,

by
wor s/

contin

because people

ed to

get

paid

while

were eatrng?

71

A.

Can you rephrase.

18

O.

When you sdy,

"We paid

it

What do y u mean by that?

19

f '11- put

20

A.

this

way:

To my understanding,

) 1

deep understanding,

22

So the

meal break

we offered

23

that's

counter

that

24

whether

25

1 - . ,
a d w .

it. answers

an

the meal bre

or

it's
k is

was paid,

answers y ur
or

it

the meal break"

corr

it's
generally
so I

not a
unpaid.

presume

question

sponds to

--

as far

as

California

r01

if

half,

t.hey were longer

3
4

ten-hour
A.
or

was after

it

--

you know, for

was at

Wel-I, lf

overtime

and

t.en-hour mark.

ou say it

or

they were wor ing

some elonoafed

was at

the

Then what?

A.

Then they

O.

Did you have any under

would get

the meal break

to

a shift

and a half

s i_fr.

O.

for

a time

mark?

10

the

What do you mean when

O.

5
6

it

than

be uninter

con cJ mea I

n e r i _ 6 6 [.

anding

what

rrrnl-

as

it

meant

a.,l ?

11
T2

O.

What was that

13

A.

They are to

I4

O.

Any other

15

A.

That's it.

76

0.

So I

T1

what yourre

1B

were to

19

not

20

reason-

to

be uninterr
anything

t.hink

saying

understan

telt
is

that

have a continuous
be intruded
Is

that

27

Yes .

22

O.

Before

pted,

so no work

e se?

me i

I'm wrong, but

you u derstood
30-min

that

up in

think

they

te meaf break that

upon or broke

any way for

was
any

right?

the

first

23

Messerschmidt lawsuit,

24

as to

25

prov_Lde a meal_break

what the

ing?

did

lawsui

was f1Ied,

you h ve any understandlng

consequences were if
that's

the

requ

a company failed

red by law?

t.o

1
2

MR
:mh

Objection

THE WITNESS:

4
5

understanding

company

employee to

10

as

failed

to

to

you

Did

what

allow

the
in

co

one

t.ake a meal_ break

Generally.

What's

There are penalties

general

that

later

th

inv

When you say "penal-ties

13

A.

I mean, there

I4

not

15

don't

I6

conforming

someone goes to

1B

some1-hi

19

A.

27

nn

al

equences

were

\/
r

r- . 't r

har

t.

wa s

:nni_

if

J. n

rF.nr i rer{!

I v \ a g 4 ! 9 v

fved.

coul-dn't give

Lhe 1aw, so

be a penalty
|

| q

q n m o f

h i

if

you ' re

but

n ^

jail

or

has to

as to

whether it

p y money or

Well,

it's

got to be fi

be being

filed?

ancial.

So i t ' s

means

has to

do

W h y e l _ s e w o u fd

not j ai1.

r -MR. BRfccS:

23

THE WITNESS: Sorry to

Altruism.
e a smart-al-eck,

but

kind of
O.

is.

22

rtrs

" whaL do you mean?

qa?

fawsuits

O.

has got

So do you have any idea

O.

the

with

know what it

71

25

an

y o u m o r e d e t a i l _s .
O.

24

acquire

und rstanding ?

\2

20

vague and

No.

BY MR. COWAN:

O.

ft's

i nrrnrr c

11

BRIGGS:

BY MR. COITilAN:

Q n

r r n r r
y v u

v
r

assumlng that

it's

money, but

A.

Correct.

O.

While

you don't

have a spe i fic

you were the

anything,

because you delegated

if

National

regarding

you do

did

anything,

did

Golf

to Mr.

you do to

Cl-ub was

meal

gen ral

and may
it

A.

Nothing.

10

O.

While

complyin

you were the


you do to

make su

I2

managers and supervisors

at. the

13

about the

1,4

enforce

club's

meal break poli

Well,

it

was during

I6

mentioned before

I1

and it's

1B

and l-et ' s make sure

19

O.

20

breaks.

2I

something

23

But as

24

tofd

25

if

was nothing

the

with

Trump

California

law

manager what,

if

that

the

other

lub

were educareo

ies

and knew how to

them?

A.

A.

what,

Sperandeo, but. what,

gen ral

anything,

22

there

ensu e that.

11

15

manager,

breaks?

did

understanding?

let's

that

it's

f s t.his

they' re gett

Well,

just

eatrng

think

coaching

our people

ng rests

well_

and breaks.

about mea.I

ou would have said

or

someone el-se woufd have said?

what I

what I

Itrs

specr ically

somethi-ng that

that

f meetings.

remin ers.

make sure we're t

Wel1, f 'm Lalking

else

sta

;ust

told

said

ou I

would have said

wou d have told

you

them.
O.

So it's

your testimony

hat

you specifically

113

are

stating

get

their

MR. BRIGGS: Objection

m a k e sure

people

M 1 ss t a t . e s

his

testimony.

THE WITNESS: Exactly.

taking

get.ting

B
9

tts

meal_breaks?

3
4

Lo these managers I

care of
their

Letr

how it

they're

you reca11, that's

was phrased?

A.

More or

11

O.

Anything

I2

A.

No, not

13

O.

Other

less,

more specific?
T r e c a l j _.

that

than

by --

ys.

ensuring

tha

I4

contrnued

15

was 'L.here anything

\6

done whil-e you were t.he general

71

National

Golf

1B

properly

educated

think

it

ensure

and trained

you re

tha

aware of

anager of
the

ab ut

No.

20

0.

Did you ever have occas on to

statutes

a a
L L

what was prrnted

23

\/nlrrqal

government regulatio

about

in
the

the

company

l-aw regarding

24

A.

No.

25

Did you think

it

was im

t.hat. was

the

m a n a o 6 5r s

Trump
were

meal breaks?

27

training

was K S about HR matters,

el-se that

Club to

annual

19

we t re

breaks.

10

or

make sure

make sure

BY MR. COWAN: So as be t

O.
about

our people.

Letrs

s or

look

at

anything

andbook to

any
beyond

educare

meaf breaks?

n
v !r 1 - L oarnt lL.

f ].\-f
LltdL

^'-hl
^,,^^^
ctuuruvges

774

1
2

at

t.he Trump National

Golf

Club

rocoirzo

1u r. l1u -! !r a ' ri

breaks ?

A.

yes.

O.

Vfhy did

A.

Well_, everybody

that

can ;ust

rest

so?

needs t c have

are verv

work through

an entire

get

to

of

5I^l

a break.

out

there

and

not

get

for

their

nonnla

;hift

it

was impo Ctant

who

to

mentaf

mind?

11

For

I2

So for

13

A.

Physically,

mentally,

e erything.

74

O.

For mental,

physical,

a d emotional

15

thought

I6

their

it

every

mean for

mental

was important

meal breaks

T1

No one

have a break

You thought

O.

10

you think

I mean, there

and not

for

the

as required

to

be abfe

by law,

reason,
to

you

get

yes?

Yes

1B

O.

19

spec-ifically

20

employees about

Did you ever


hold

2t

A.

22

0.

When?

23

A.

It

24

lawsr:it

25

-^-r

I L t g a I

arrange

meetings

or

t h e m e a l _b r e a k

fo
SE

would have been afte

Okay.

Thank you.

Befo

your managers to
r-nars to

educate

Iicies?

f L ^
Lt!c

he

fter

the

lawsuit

was

15

fil-ed,

you ever

did

A.

No.

O.

Why not?

A.

W e ff ,

it

was a policy

I - ; ^ + ^
uorrrF
) r - d r - n.r s s o i t

fix

I
9

it

of

National

Golf

seemed to
wasI

ttrat

inherited,

be v,lorking.

y o u k n o r n, l a n o t

way, when you came to

Club/

join

was The Apprentice

11

O.

Had you watched it?

I2

A.

No.

13

O.

At

I4

A.

No.

15

O.

Have you ever watched afr episode

be]ieve

the

on the

Trump
air?

so.

some point

did

you start

watching

of

it?

The

Apprent i ce ?

I7

A.

Yes.

18

O.

When did

L9

A.

you first

star[.

watching

watched season 2 back in

1t?

2OO2or

200I,

rlg ht

around there.

Z I

O.

So when you came to

22

Gol-f Club,

23

the

24

is

25

don I t

broke,

A.

20

It

We had no

10

I6

and

scenario.

By the

O.

any s,r{t-, steps?

was a policV

that

type

take

you were aware that

prlncipal
known for
A.

work

f igure
telling

of

the

people

for

the

Trump Natio nal

Uf . Trump is

orga!^rization
"youfre

is

fired,"

the

as

a man who
right?

On TV.

116

O.

Who in

A.

Tom and Mariela.

O.

So the

meetrng

p o J - ic i e s

HR?

three

and educate
are
Yes.

O.

Did you ever

the

the

lawsuits

meal break
A.

No.

11

O.

Have you ever

periods

being

referred

13

A.

No.

14

O.

While

heard
to

you were the

any wage orders

I6

employees about. what their

I1

and rest

being

M R . B R I G G S:

19

T H E W I T N E S S:

20

sheet that's

2I

r berieve

23

wal-l- at

24
25

A.
out,

t,o

rawsuits

either
refer

to

any]one talk

about

meal_

golf

posted

at

rights

pro,
the

are

you aware of

cl_ub educating

were regarding

meaf

breaks?

1B

O.

refer

as a Dp?

15

22

thq

are?

as a Dp?

10

I2

aft.er

have a

know what the

riqhts

hear anybldy

or

We shoufd

so they'rl

and know what theii

A.

before

you ae{iAeO:

everybody

of

Objection.

There i-s En" large

produced by

federal

Lack of

f mepn at

as welf,

that'!

times

As I
don' t

that

recall- .

l-aminated

l_east the

near the

BY MR. COWAN: Do you k{row -all

foundation.

time

was this

State,
clock.
on the

you were rlvorking there?


f

got

so lrsed to

going

in

and

r e c a l _ 1.

1B

1
2

The wal-l became inadviJabl

O.

because you're

so familiar

A.

Just

O.

f s that

A.

Just

O.

Right.

nature.

t.eIl- because it's

attention

10
11

to

ds I

witln it?

seeinq

used to

saying

that

is

that

it's

there.

It,s

A.

No-

L4

O.

Why not?

15

A.

Never t,ook t.he time.

15

O.

Why not?

T1

A.

Never thought

1B

O.

Before

2I

managers?

a while

rF

naf

human
you

n:rri

cantt

na

o n the

door

as you

remember it.

13

that

\ior'

that's

correct?

Did you ever

20

dfte r

so f amiliar,

O.

you ever

s o n l e t hI n g .
somd extent

I2

19

s o n f e t hl n g .

seeing

I mean, to

it;

Well,

awhile

I,m sorrv?

So you're

A.
leaver

used to

e after

discuss

were posted

the

read it?

of

it.

Messerschmidt

a wage order
on the

22

M R . B R I G G S:

23

THE WITNESS:

24

MR. COWAN:

25

(Break

taken

wafl

Off

any other

with

any of

that

the

from

was fil_ed,

or

Obj ection.
Not

I awsuit

Lack

can

rec prd

2:09

documents

your other

of

foundation.

recal1,

for

p.m. to

did

one
2:I0

no.
second.
p.m.)

119

l--

J . J dI lI- J- ^r^o* o r r r c a p t a f n

O.

Anyone efse?

A.

Thatrs

1t.

O.

During

the

^ F
lrldJldger o
I

'Frr.-^
r ! ulrrlr

t! Ln -e

\I-+.i
^^r\q Ltuttct

f j l i n o

a n y n o n e x e m p t . em p l o y e e e v e r

havino

o f

f h e

m - is s a d

A.

No.

10

O.

Were you aware of

I2

was filed?

No.

L4

Are you aware of

I6

fawsuit
A.

1B

O.

During

19

manager of

20

were fi1ed,

2I

about- not

missing

mean, I

the
did
being

dontt

the
cfub

time

-ve

before

you

the

aware

premium

ever

pay

receiving

I od before

anyone

vh eo+ ir r v n

a meal pbri

abl-e to

No.

23

O.

Did anyone ever

being

able

recal_I
that

anyone ever

A.

A.

were

ad

to

fter.

yo

l,

of

for

premium
perry

the

vol-untarily
after

the

paid

Perry

come to

take

mea

come

take a resr

:nrJ.]

no.

g e n er a I

two fawsuit s that

y o u a nr]

L--^u!
cd

r --

were the

and excludin q the

22

25

and

was filed?

I1

not

it,

anyon r

lawsuit

premium pay for

CIub

ving

having missed a meal

13

24

IAWSU

pay for

15

Gol f

general

the

meal- period?

11

Me s s e r s c h m i d t

you w e r e

tha r

time

cnmn

-;^

l oall

ks?

a^*^
1 - .i
u u r l L l J a a f l l ".

to

you about

x-.1- k ?
v !

g d

No.

722

fs

O.

u n t r -I

I I I C

it

--

would it

the Messerschmidt and/or

d that. while

were no changes in

I N C

wi th

harge

to

k a ^ +
U g J

T2

rf
q L

ts
L

13

from

L4

when Mike VanderGoes was in

15
16

aware during

he Trump National
the

way the

for

vague and

To your

t.he timp

Golf

the

Club,

question.

knowledge, as

t.hat you were the


did

anything

O bj e c t . i o n .

Lack

of

foundation.

speculation.
THE WITNESS:

1B

MR. COWAN: Can you read my question


Just

the

No.

back.

question.

20

(Record read. )

27

THE WITNESS:

And I

had assumed

22

record

23

quest_ron rt

24

O.

BY MR. COWAN: yeah.

25

A.

That's

breaks

charle?

T1

19

GM

change

cl-ub had handred mear and rest

M R . B R I G G S:
Calls

It's

Can you repeal

11

you're

just

Again,

breaks.

BY MR. COWAN: Sure.

O.

were

foundation.

THE WITNESS:

10

up

manager there

Mike vanlderGoes?

m e a _ la n d r e s t

Lack of

say Lhat

vvere done when you were

M R . B R I G G S : O b je c t i o n .
ambi g u o u s .

to

lawsuits

Edneral

how things

as opposed to

respect

ferry

you were the

be adcurate

assumed
was unLil

think

the

t h e M e s s er

irst

chmidt

ti

me

for
\7.\u

the
said

the

SO

L24

breaks

area

loading

A.

Can you repeat

O,

Sure.

in

break areas or

from the

kitchen

near

the

{umpsters

During

manager/

employees could

in

the

the
the

firist
time

t.here were essentlally

break

building

10

where the

11

right?

take

t.heir

room and,
in

the

roading

area with

I4

A.

They coul-d go wherever

could

comes to

O.

Excuse me?

T1

A.

The first

place

18

3ust

19

they want.

20

O.

How was that

2T

A.

It

out.side the

0.

25

side

of

tabr-es and
rs

that

this

thke

their

[.hey wanted.

But they

IL was/ agafn,

knowl-edge, how was that

The f irst

coines to mind is

communicatbd to

policy

meal break?

the irark.

that

cfubhouse.

wasn't.

Well,

they

mind is

76

23

of

the

That ' s inaccurare.

Where else

inher:ited.

general

Number one/

dock and dumpsters are.

O.

))

question.

where

outside

a couple

13

that

the

you were the

number two,

No.

24

outside

and the

of

meal periods:

A.

place

part

t.wo place

I2

15

the

dock?

the

a breail room or.Ln

that

go wherever

them?

a policy

you inherited,

communicjted

M R . B R I G G S : O b te c t i o n .

could

park

the

to

that

to

had

your

employees?

Lack of

foundation.

126

THE VIITNESS:

guess.

O.

I donrt

Amn

clubhous e

t)

I nrzoa

were

whereve r

came to

na

it

How did
go ro

to

1 -h o i

meal

li ke,

Vou come to

f h ;

so

believe

k outside

n r r

nari

used aq

was

would

So that

O.

that

the

arl<?

,ln

mple.

oYa

l-ho

nt

v*-

They

just.

could

go

naturally

was

hrznnl_

hat

i n:

example that

you

gave ?
MR. BRIGGS: I
ill-ustrative

t.hink

id

f t's

right
O.

76

before

T1

whrle

1B

at

19

read about

20

the

2L

go to

22

if

there.

was an

It's

a tangible

the

filing

of

you were the

club

generar

earlier,
or

park

managbr or

either

heard about

or

a time

or means

the Messerschmidt lawsuit,

communicated to

this

they

it

exampfe.

beautif ul_.

BY MR. COWAN: Are you aware of

some time

A.

it

e x a m n le .

THE WITNESS: yeah, it's

15

23

r e

i f

mind.

13
I4

rjtrri

they

11
I2

free

W e l -l ,

10

- -

know.

BY MR. COWAN:

Employee handbook

its

the

golf

either
pro

because you observed


it

from someone else,

emp[-oyees that

anywhere efse

during

they

or
it

or
that

cou]d

a meal_period

so chose?
First

part

of

the quest[on again?

24

MR. COWAN: Woufd you rpad it

25

(Record read. )

I'm

again,

sorry.

please.

L2'/

THE WITNESS:

No.

BY MR. COWAN:

O.

correctly,

to

incJ-uding this

knowledge,

you're

testifying

qo anywhere they

it

Argumentative.

restating

his

park

I 'm not
testimony

And can you say it


confused or

testimony

T6

you just

that

is.

So he's

saj_d here

actually

--

Irm sorry.

f 'm

question

referring

to

is

what your

something

a couple moments ago.

B y M R . C O V 0 A N :I , m

subsEantively

recapitulating.
A.

Okay.

22

O.

Do you understand

23

A.

Those are

24

0.

when f

25

day.

--

today

MR. BRIGGS:

Z I

the

correct?

Rememberhis

1B

20

on

Sure.

THE WITNESS: Okay.

O.

anyone?

throughout

again.

L1

19

your

frm --

MR. BRIGGS:

15

but., to

Asked and answered.

repeatedly

A.

I4

a meal period,

sure whyf you insist

11

O'

employees were free

crubhouse,

O b ;e c t i o n .

BY MR. COWAN: Is

13

the

you

had never been conimunicated to

O.

either

understand

th4t

outside

10

12

wanted durirlg

M R . B R I G G S:

So if

recapitulating

great

that

gvhen I

__

words okay.

say this

what you're

f'm

substantivety

sayinq,

contrary

to

what my

I2B

mr-nutes.

O.

Is

A.

Paid.

0.

And was it

broken

A.

As I

O.

That.'s always been your

A.

Yes.

o.

And at

this

paid

or unpaid?

to

be unintdrrupted

up int.o segments/

crub

if

11

break,

could

1 t

know, 60 seconds, or whatever it. is,

13

then

take

she have to

someone run to

a ten-minute

I4

A.

They coul_dwafk to

15

O.

So a short

16
I1

addit.ion
.4.

1B

taking

19

O.

20

general

2T

breaks ?

to

the

Or a long
its

do it
the

rest

one/

during

bathroom
to

break

required

go to

the

a rest.
for,

you

go quickly

and

later?

the bathroom if

bathroom brehk

legally

j-t?

an ef.ployee had to

dld

still

it. be

undersLanding.

bathroom,
or

could

uninterrupted.

10

he or

or

as you understood

understand it,

the

they

chose.

was permit.ted

and i-n

ten-minute

rest

depending on how nature

break?
was

course.

So it.'s

your policy

thaL when you were the

manager, bathroom breaks

22

A.

Correct.

23

O.

As provided

24

A.

Correct.

25

O.

Was that

didn't

by California

ever

put

into

count as rest

law.

a memo anywhere,

to

your

130

knnwl

adno?

A.

No.

O.

To your

knowledge,

was that

policy

under

Mike VanderGoes?

MR. BRIGGS:

O.

Objection.

BY MR. COWAN:

vanderGoes was there

count. as

as a rest

a policy

--

sorry

To your

Yes.

11

O.

Are you aware of

I2

spelled

13

it,

either

I4

the

cM?

out

in

That

when Mr.

A.

No.

I6

O.

Any idea

that

as to

19

a naturar

20

regulat ed.

2I

O.

right r

so r

welr,

didn't

super:visors

that

all

didn't

the

were aware of

bathroom

would not

if

GM or

to

f igrlre

other
this

calr-s for

going

BY MR. COWAN: To your

make sure

it

breaks didn't
count

you were

why?

THE wrrNESS:

that

Mike

where that. was

VanderGoes whs the

1B

25

under

so employbes woul-d understand

MR- BRTGGS: objection.

the

rest

anyplace

L1

go to

knowledge,

ambiguous.

yes .

writing

15

24

and

break?

A.

to

Vague

that. bathrobm breaks

10

22

the

the

speculation.

bathroom seems

t.hat needed to

]knowl_edge,what was done


managers and
policy

that

people

and when tiirey needed to

count

be

coul-d

go and

as a rest. break?

13i

A.

Nothing.

O.

Why not?

A.

ft's

going to

It's

pretty

common

sensical-.

O.

Anything

A.

No.

O.

While

efse?

you were the

ever

handbook?

10

A.

No.

11

O.

Why not?

I2

A.

Never thought

conduct

13

assumed that

I4

that

a review

was

the

of

manager, did

you

company's employee

iL.

When I

you know, that

Would it

O.

t o

prior

T1

manager you didn't

1B

t.hat your

I9

encouraging

20

required

2I

meetings let's

22

breaks ?

test.imony,

be accurate
that

while

take

got

promoted,

was the

their

rest

gospel- and

sdy, based on your

you [vere the

supervisors

employees to

breaks other

genera]

than

thke

their

saying

Correct .

24

O.

Let's

switch

some of

gears

your

for

former

to

ensure

were allowing

a moment.
colleagues.

or

legally

during

make sure people bre taking

A.

about

to

any specd-fic steps

managers and the

23

talk

of

general

was fine.

15

25

the bathrioom.

staff

their

want. to
Now, you

r 32

MR. COWAN: All

2
3

Mr.

O.
f cqt

Conforti,

Back on the

do you neied to

record.

change any of

your

t mnnrr?

A.

No.

MR. COViAN:

M R . B R I G G S:

MR. COWAN:

right.

believe

i'm

done.

Okay.
f'm

going

Lo turn

it

over

to

co-counsel_.

MR. YEREMIAN:

Okay.

10
11
T2

E X A M IN A TI O N
BY MR. YEREMIAN:

13

O.

L4

weren't

15

Trump National,

I6

scheduling

I1

correct ?

Mr.

Conforti,

i-nvotved with

of

meaf breaks

A.

Correct.

19

o'

To your

for

as the

you were not

18

20

you testified

you

manager of

with

the

t.he

nonexempt employees,

knowledge, who schedufed those breaks

employees?
A.

Department. heads.

22

0.

And i_o your

to

generar

invplved

for

2I

23

earli_er that

leave

the

property

24

A.

yes.

25

O.

Were they

knowledge,
in

order

required

to

ilrere employees
to

get

take

their

a.l-lowed

breaks?

authorizati-on

from

206

thej.r

supervisor

prior

to

leaving

A.

It

O.

How was that

e m p l . o y e e s?

A.

Just

O.

Woufd employees have to

prror

to

was preferred.
preference

just

verbalIy,

actually

taking

A.

No.

O.

So employees coufd

thev

lar:nl-pd

Yoq

T2

O.

So the

rrremi

qoq?

74

A.

Yes.

15

O.

And during

tho

I6

did

I1

regarding

1B

did

19

to

any

telling

them.

request

take

a meal break

did

authorization

was only

whenever

your time

as the

general

to

l-eave

manager,

you hear about any employee complaints

the meal break policy?

you hear

required

about

Or more generally,

any compraints

regarding

the

ability

take meal breaks?

20

A.

Not that

21

O.

Do you specifically

22

complaining

23

A.

No.

24

O.

Now, were you aware t.haL certain

25

authorization

J-n?

11

13

communicated to

a meal break?

10

property?

the

going

about

on food

recall,

the

ability

no.
recplf
to

Mr.

take

perry

mea] breaks?

employees were

runs?

201

A.

There were some employees who would ask to

on a food run/

Ves,

the

mtnutes,

it

and it

was because we might

tee

sheet

and t.hen they

O.

assume your

leave

emproyees and go pick

understanding,

premises

A.

Yes.

I2

O.

Was

with

is

an order

up food

runs

lhora

nrrnl-ins

when you were the

golf

of

BY MR. yEREMIAN:

O.

would participate

in

the

food

19

O.

How were you aware that

25

several

other

rest.aurant

and

taking

going

on

food

Vaque and ambiguous.


yes.
employees

don't.
these

food

runs were

place?

A.

Food wrappers.

someLhing from off


O.
regarding
l\.

employees

run?

24

and what I

Do you know which

A.

23

for

Objection.

1B

22

a few

pro?

THE WITNESS: probably,

a 1
a r

to,

at. a l-ocal

15

20

for

on

t.hat an employee woufd

MR. BRIGGS:

I1

off

referring

I4

I6

hold

retu.rn.

11

13

it. wasn,t

would go.

By food run what I'm

the

If

haVe had a busy time

so we asked them !o

10

was always a yes.

go

a __

property.

Did you ever


food

Seeing them eating

speak to

ahy department

heads

runs?

yes .

208

And you said

O.

taking

w o u _dl y o u s e e

Right ?

place

that

you knew food

because you would observe wrappers?


f mean, I'm

as$uming that

Voc

O.

Where woufd you see thdt?

A.

On golf

eati.ng.

Did that

10

the

11

were actually

wrappers

at

A.

the

13

been eating

I4

see them eating

15

16

word.

I1

woul-d see it

Well,

for?
I

it's

at

that's

the valet
up there

Every now and then

sorry.

would ask them not


t.here from

I'm

Did you ever participate

19

A.

Going to

20

O.

Did you ever participate

pJ-acing an order

with

food

A.

No.

23

o.

Did Dave perry

24
25

ever

VanderGoes punched him in


A.

for

them to

22

looking

I'd

the word

for

the

but

t.ime t.o time.

O.

2I

what's

t.o eat. up there,

18

get

they would have

and r woul-d

would --

they

sLand?

say that

stand.

you saw

if

you wonder if

did

the valet

safe to

means t.rash.

stand.

I mean, did

val-et. stand,
at

where

where they were

t.he valet

make you

eating

I2

look

cart.s, if

Sometimes up at

O.

runs were

the

in

a food run?

threm? No.
in

the

brd-ng food

complain

to

sense of
for

you?

you that

Mike

stomach?

No.

2I0

Exhibit

1
2

SUPERIOR COURT OF THE ST TE OF CALI FORNIA


COUNTY OF LOS

NGELES

3
4
5

LUCY MESSERSCHMIDT,
individually
and on behaff
of
afl
others similarly
situated,
Plaintiff,

6
C A S EN O . B C 4 O 3 O B 7
Consol-idated with
CASENO. BC 408999

1
B

VH PROPERTY CORPORATION dba,


TRUMP NATIONAL GOLF CLUB and
DOES 1 through 100,

9
10

Defendants

11
1 a
rZ

DEPOSITION OF

13

LILI

I4
15

AMINX

Sant.a Moni ca,


Wednesday,

16

CAl i forni a

Octobdr

L9, 20II

I1
1B
19
20
2I
22
23

ATKINSON-BAKER/ INC.
COURT REPORTERS
(800) 288-3315
w w w .d e p o . c o m

24
25

R E P O R T E DB Y :
CYNTHIA
FILE NO.:
A509E4E

LAMB/

CSR] N o ,

DEPOSITIONOF LIL AMINI

8349

1
2

M S . MARTIN:
rlrianrr

hor

3
4

No,

She responded

"

MR. COWAN:
The record

that

wifl

don't

is
to

it

question,

ensure

compri-ance

with

breaks

other

number one,

employee

handbooks

10

generarly

testified

11

and

BY MR. COWAN:

Luis

I2

Estrada

tafk

MS. MARTIN :

13

outside

I4

to

the

answer

15

in

of

different

I1

rlen:

rtman

18

number

to

the

a personal

THE WITNESS:

I6

so

that

case.

regarding

in

its

some means you

heard

sue

Kwiatkowskr

taking

breaks?

ambiguous /

noti-ce.
you

to

meal

lanquage

about

deposition

in

law

vagrLle and

rf

you

want

can.

every

in

time

having

employees

were

the

c]-ub was doing

you

Supervisors/

department

charge

of

is

their

l- <

So what they

would do

I mean if

L9

needed a break,

20

where people can go and grab something to

2I

therr

22

be the

the

two,

capacity,

supervisors

to

putting

where

Overbroad,

scope

that

california

about

asked

question.

So during

anything

and

you

question.

shows.

than

that

befieve

show what

was there

your

we had employee meals at

certain

anybody
times

eat and take

time to ear 1r.


It

was never

23

was Sreople knew they

24

first

25

the

meal- break,
club where it

nobody knew about this.

could go have funch,

they
is

that

courd sit

out of

in

It

they could go

various

focations

of

the way so they are

DEPOSITION OF LIL, AMINI

r03

unirrterrupted.

T mean it

the

manager

would

you

want

go and

business

communicate-

to

levels,

say,
take

t'Did you
your

would

supervisor

it

take

break

and people

The

__ but

just

is

was known.

your

break,,,

now,',
go.

would

,,Do

or

depending

They

So

on

w o u _ L dl u s t

communicate

wlth

their

1
B
9

MR. COWAN: Move to

strike

the

part

first

non-respons].ve.

10

By MR. COWAN: I

think

what you are telling

11

me 1s t.hat supervisors

on an informal_ basis

I2

communicate wi-th their

employees about

13

that

MS. MARTIN:

taking

breaks,. is

Ob;ection,

misStates

her testimony

and

vague and ambiguous.

I6

T H E W I T N E S S : W h a t t h e y w o u n _ dd o i _ s t . h e y w o u l d

).1

check in

1B

that

their

I9

able

to

20

there,

) 1

gornq to

with

their

staff,

go,
there

but

at

any time

l-eave their

post/

Z J

them, did

24

your

you take

did

staff

during

t.here is

was arways back-up there

go herve a ]-unch break

--

their

employee meal twice

22

25

woul-d

right. ?

L4
15

as

they afe

w o u r - da f s o k n o w
the

days they are

always

a manager

so if

they were

free

to

ask r want to

or managers woufd check in

your lunch break or did

you want to

take

rc was constant

with

you take

a break.
communication all

the time

DEPOSITIONOF LIL AMINI

r04

there

a directive

high-1evel
telling

manager

the

dialogue

from
of

with

their

are

now just

you

are

10

rest

Objection,

her

breaks

--

telring

managers

the
in

to

constantly

of

your

personal

and meal

breaks

and the

between managers and what. managers tor-d to

l3

and stuff

74

and practice

15

comp-Let.elydif f erent..

the

MR' cowAN:

This
part

of

goes
the

to

19

THE WITNESS: Supervisors


communicated that
O

22

aware of

23

that

24

controlled

25

telling

to

the

was given

all

or

of

the

disagree wit.h that.

their

knew i_t and they

staff.

directi-ve,

orders,

ever
meetings,

are you
instruction

by either

the General Manager who

some other

higher-J-ever- manager of

the

people

procedure

implementation

By MR. COWAN: Was there


general

their

practice.

MS. MARTTN: I

2T

policies

practrces.

scope of what a poricy,

18

20

so

you are asking about something

is.

is

you

you are not asking about the

I2

it

we are

you are asking about meetl_ngs

or practice.

pract-ice,

this

capacity?

policy

I1

have

pMe questions

11

L6

some other

specificalry

The categoirj_es include

MS. MARTIN: Okay.

outside

or

arn assuming

scope

her

MR. COWAN: No.


about

crub

Manager

supervisees?

outside

asking

Genera]

the

lower-r-eve1

MS. MARTIN:

the

the

crub

rower-lever- managers be sure and tark

DEPOSITIONOF LIL AMiNI


106

your

with
about

empl-oyees/

taking

their

your

supervi-sees/

on a reguf ar

basis

breaks?

MS. MARTIN:

Objection/

vaqlue and ambrguous/

overbroad.
5

THE wrrNESS:
where it
our

There is

was brought

GM --

with

times

up just

in

our staff

as general

our GM and our

meetings

conversat.ion with

rest.aurant

managers/

banquet managers.
BY MR. COWAN: Who brought

O
10

March onwards during

11

L2

l v t S. M A R T I N :

it

2005 from

such meetings?

O bj e c t i o n

vague

and

ambiguous /

overbroad.

THE WITNESS: ft

.LJ

woufd be usually

I4

Manaqers.

15

beinq

casual_1y --

just

I6

their

meal break,

their

L1

told,

1B

including

20

in

the General

so Mike van der Goes would --

remember everyone has to

specificafly

you know, rest

other

words, in

thirty-minut.e

breaks,

take
so it

was

meal breaks and ten

those meetirrgs in

. T
L I

managlerspecifical_ly

a a
Z Z

minut.es per meal break?


A

Yes, because t.hat was policy.

24

You are

the discussion

2005, was the

saying make sure they

23

that

r remember it

BY MR. COWAN: And were those references

19

25

up in

take thirty

sure

you have a cr-ear recor-r-ection

was not

just

about taking

a meal_

DEPOSITIONOF LIL AMINI

107

In

Beginning

And during

2005 onward,

referencing

ten-mlnute

general ?

2010?

did
the

breaks

Not

Okay.

years,

11

Mr.

72

A
that.

I4

lust

15

back.-up.

It
take

breaks

I1

back-up'

1B

policies

I9

thirt-y-minute

20

that

what

there

van

that

in

ten

from

March

of

d.er Goes specificarly

employees
to

shour-d be

a rest

break

taking
in

mrnutes.

same true

and then

may have

for

eiEht.

whenever

pick

it,

provide

they

the

following

and nine

but

for

did

the

employees

mear- breaks

and

that

needed

up on what

practices

would

said

common knowledfie

Let's

to

Mr.

as opposed

the

Conforti.

for

was just

I6

22

seven

They

13

2I

Is

David

meetings

specifically

200 6 and

Conforti

these

managers

rest

2OIO,

you hear

10

of

don,t.

remember

people

wou]-d

t.o.

They had

said

just

cfub

have

as part

ro

recetve

you

ten-minute

now,
of

its

their

rest

breaks

so

be back-up?

MS. MARTIN:

Objection,

vague

and ambiguous/

overbroad.

23

THE WITNESS:

24

times.

25

the

If

manager

you

There

was a manager

had one person

step

in,

that

mannlng

person

can

there

the

at

post,

go take

all
you

their

had
break.

DEPOSITION OF LIL AMINI

109

Because

can

they

They have

can

absolutely.

post,

they

hostess

stand

and

are

abl-e to

caf f

a manager kriydialing

all

the

managers'

come here

the

at

their

extenrsions

and man the

What if

post

managers

and they

whir-e

are

an extensron.

say

take

hey,

my break,

away from

their

desk?
MS. MARTIN:
calfs

for

Objection,

THE WITNESS:
at

their

desks

at

I4

MS. MARTIN:

I6
have

a bartender,

1B

have

a busser.

the

servers

2I

22

MS. MARTIN:

23

THE WITNESS:
w111 not

25

there.

twel-ve managers

woul_d not

be

time.
If

they

Objection,

were,

then

incomplete

They woul-d have

t.hey coufd

BY MR. COWAN:

24

hypothetical,

what?

hypothetical,

speculation.

I1

and aIl-

alf

a given

THE WITNESS:

19

Not

BY MR. COWAN:

cal-l-s for

incomplete

speculation.

20

their

a phone

I3

15

at

have

11
L2

a phone

they

you

9
10

have

call-

"7
B

they

What

and bussers

Managers are

be

have

a server/

a runner,

if

the

are

they
they

restaurant,

woul_d

could

is

busy

busy?

there.

Same obj ection.


If

away from

the
that

restauiiant

is

restautant.

busy,

a manager

A manager

wrlr-

be

DEPOSITIONOF LIL AMiNI


LI2

BY MR. COWAN:

spelled

they

shoufd

take

their

5
6

out

in

a written

MS. MARTIN:

coverage

Objection/

this

ever

managers

so

that

about

people

how

cou_Id

vague

and ambiguous/

overbroad.

O
neve r

They at1

put

out

in

a written

Not

11

You talked

L2

that

13

the department

in

PMQ rrotice.

I6

please

I7

here

18

would

19

and

20

cfose

that

for

))

WAS

knew it.

programs

training

provided.

off

outside

That

t.he scope

pMe notice

the

because

about

now the

was for

there
on ahy

training,

is

of

now/

the

can

no category

topic.
then

So if

fet's

you
in

you

go ahead

pMe.

stirr

think

it

not

what

goes to

the

issue

of

and practices.

MS. MARTIN:

23

You are

asking

24

that

not

is

aborrt. the

recei-ved

tafk

MR. cowAN:
policies

are

training
to

before

Objection,

you

establish

l-ike

it

"no,"

head manaqers?

ff

about

memo as

and Compliance

MS. MARTIN:

15

is

memo?

a writ.ten

S&K Insurance

T4

knew it.

BY MR. COWAN: So that

10

25

the

of

breaks?

THE WITNESS:

21

memo to

be providing

And was any

That

about

on the

is

specificarry

pMe notice,

MR. COWAN: The objection

you

about

so don't
is

are

asking
training

answer
your

about
and

that.

objection

is

DEPOSITIONOF LIL AMINI

113

yes.

This

personal

rn

is

capacfty/

2000

that

outside

this

From the

ever

conduct

any

employees

reorr i recl hrz I :w?

10

were

or

receiving

the

I2

personal

capacity.

13

audit

the

I4

in

pMe so I

of

this
in

was to

is

\1

2OO5 onward,

checks

to

make sure

thirty-rninute

Again,

Back in

the

cfub

that

meal- breaks

this

is

as

outside

her in

the

her

about

empl'yees were receivinq

that

were done in

2oo6 to

your

that.

any audits

or

ensure that

thirty-minute

MS. MARTTN: Same objection


"audits

but

2005, r am not aware of

BY MR. COWAN: Are you aware of

I9

m e a l _p e r i o d s ?

and vague and ambiguous

and inspections."

22

THE WITNESS:

23

BY MR. COWAN
:

24

T wouldn't

Event

case

noted.

inspections

Golf

did

There woul-d be no question

1B

as to

the

2004.

assume you are asking

absofutely

THE wrrNESS:

20

be

2004?

MR. COWAN: We can agree to disagree


objection

am asking

pMe notice.

I6

25

in

MS. MARTTN: objection.


scope of

2I

case

spring

audits

11

15

was the

wasn't. there

notice,

do you believe

'l

the

don't

have

remember anything.
2 O O ' /?
had that

knowledge

as

the

Coordinator.

DEPOSITIONOF LIL, AMINI

720

Do you have that

Uh-huh.

In 2001, were any audits

by the

f uJ-1, thirty-minute

cl-ub to

around that

their

ensure that

departments,

in

Anything

10

As

11

Was there

terms

13

were

of

audits

receiving

far

15

THE WITNESS:

L6

O
such

I
--

As far

departments.

done

ensure

in

20Og in

that

employees

m e a . l -p e r i o d s ?

krrowr rro.
have

never

heard

of

any

thing?

20

Not inspections

be t;rking
O

their

inspections.
of

any kind but

Did you ever monitor

s e e h o w J _ o n gt h e y w e r e t a k i n g

deposition

people would

breaks.

MS. MARTIN:
the

as

BY MR. COWAN: you

Audits,

25

was happening in

Same objections.

24

to

thirty-minute

19

to

respective

in<noni_ia15

About audits?

23

that

was anything

22

that

knowr no.

1B

21

on our supervisors

el-se?

fu11,

MS. MARTIN:

I1

we relied

their

as

-r

),4

in.spections done

employees were receivlng

to make sure

72

its

or

m e a l _b r e a k s ?

know that

time

knowledge now?

Objection,

notice.

employees with
for

again,

r think

a watch

a meaf break?
outside

the

you can agree this

scope of
is

i_n

DEPOSITIONOF LII- AMINI

r27

BY MR. COWAN: Do you have an understanding

as to

thirty-minute

why employees are supposed to

m e a l _b r e a k a s e s t a b l i s h e d

MS. MARTIN:

THE WITNESS:

get

take

something

to

t.ime to

relax

8
9

Objection/

eat,

to

rest,

before

they

believe

obviousl-y

to

freshen

up,

back

on their

are

you

understand

who wrote

the

l-aw in

10

courts

interpret

it,

have

11

for

people

to

be

abl-e to

take

found
that

MS. MARTIN:

13

BY MR. COWAN: you are

15

Yes,

16

So at

the

it
of

is

important

break?

nodding

your head you

2Crr:a?

they
any

present/

was there

1B

employee

meal- breaks?

19

MS. MARTIN:
" f o r m a - Li z e d

shouldr
time

ever

schedule

THE WITNESS:

22

a
simply

up

to

the

24

employees

to

take

March

of

a forma]-ized

having

vague
meal

Not.hing

BY MR. COWAN:

23

!es.

from

Objection/

2t

25

law

--

Objection

I1

20

shift.

and the

that

kind

Lo

just

to

the

cafifornia

72

74

by 1aw?

legislature
that

sarre ob-rection.

personally,

BY MR. COWAN:

receive

schedu]e

breaks . "

f ormalized,
So i_n every
managers

them as

circumstances

Objection/

vague

to

the

for

settino

and ambrguous

parti-cular

MS. MARTIN:

2005

to

as

overbroad

to,
.

no,,
instance,

it

was

al_fow the
dictated?

and ambiguous.

DEPOSiTIONOF LIL AMINI


I25

1
2

Every

THE WITNESS:

Every

department

different.

in

that

brea ks?

2000
the

from March of
supervisors

MS. MARTIN;

Objection.

Jq e- rvrI nJ FU

capacity,

you

can

10

behal-f

the

company

11

ambiguous

I2
13

of

tLhr al s

ca
u
s vt el yc o r i

as to

respond

15

March

76

managers,

reviewed

T1

they

conducive

18

b r e a l c s?

were

2005 to

MS. MARTIN:

20

THE WITNESS:

27

scheclul-es but

22

scheduled

24
25

put

to make sure

not

is
,i , '1

done

meal

outside
pef

VOUf

SOnal-

respondins

and

vague

the

on

and

you can just

it

for

where

is

ever

the

schedules

people

being

Same objection
I

let

I am sorrv.

present

people's

just

re

an occasion

cr-ub,
to

through

determine

abfe

to

take

in
its

if
meal_

and overbroad.

know now we put

that

a recoinmended time,

it

in

their

t-s not

tlme.
BY MR. COWAN:

O
beinq

is

a pMe witness

again,

the

19

23

she

this

lznnr.r

BY MR. COWAN: Was there

a review

scheduling

\/^rr
r _*

own wav.

"review."

me k:row the question

of

i f

but

THE WITNESS: Yeah, if

I4

ever

Again,

Qn

aq

as

therr

2005 to;Lhe present

were properly

o
v !f

had

BY MR. COWAN: Was there

is

supervj-sor

in

people's

MS. MARTIN:

When did

recommendat.ions

start.

schedul_es?

Same obiections.

DEPOSITIONOF LIL AMINI


126

1
2

THE WITNESS:
star:ted

3
4

know the

BY MR. COWAN: Was it

first

time

that

that

after

these

lawsutts

filed?

MS. MARTIN:

THE WITNESS:

O
recol-l-ection?

10

11

occasion

in

T2

break

which

to

Objection.
It

probably

BY MR. COWAN:

13

don't

happening.

O
were

'Best

which

15

now asking

t6

knowledge.

I1

capacity

1B

this

ever

he or

is

your

best

you

emptoyee

ever

heard

was denied

of

an

a meal_

she was entitfed?

Again,

procedures

about specific
She is

have

Objection.

scope of policy,

and not

--

an hourly

MS. MARTIN:
the

That

recoll_ection.

Have you

I4

was.

only

going to
of

you are

and practices.

instances

on behalf

we are way outside

in

her personar

respond in

the

company in

a personalthis

__ to

question.

I9

20

situation

)1

missed a meal break?

BY MR. COWAN: Have you ever heard of


where an hour.l-y employee

22

MS. MARTIN:

23

THE WITNESS: If

24

denied it

25

happeln, ys.

but

if

an hourf y employee

Estimate?

Same objection,

vague and ambiguous.

they missed it

they ever missed it,

they were never


r mean that

cour_d

DEPOSITIONOF LII- AMINI

L21

1
2

By MR. COWAN:

O
Are

you

aware

of

And

any occasions

That

where

Where a meaf

they

missed

understand

where

it

it

could.

did?

it?

a mea]- break

was not

taken

for

whaLever

was not

taken

for

any

5
6
1

reason'

The only

somebody

start.ed

and

"Did

10

say,

you need to

11
I2

times

you

take

go take

some point

in

14

THE WITNESS:

15

these

It

1B

if

20

fi led .

"happen."

23

more.

heard

a manager
break?

of

wourd

Oh,

that
catch

forgot.

was if
them
Well,

now."

that

obj ection,
f

two

wou]d have been after

misstates

wouldn't
Did

l-awsuits

her

put

a date

that

ever

were

testimony.

on rt.
happen before

filed?

coufd have.

it

something different.

happening before

MS. MARTIN:

22

it

am asking

you know of

2I

your

BY MR. COWAN:

T1

19

but

ever

2009; correct?

L V l.s M A R T T N :

of

have

That woufd have

eit.her

working

13

16

break

am not

24

THE WITNESS:

25

Objection/

were

vaglre and ambiguous as to

don't

BY MR. COWAN: Are

am asklng

these rawsuits

sure what we are talking

about any

know.
you

aware

of

any

occasions

DEPOSITIONOF LIL AMIN]


728

meaL. breaks;

right?

MS. MARTIN:

mlscharacterizes

the

individual

scope,

Objection,
her

that

O
premlum

knowl- edge ?

That

pay

ln

the

is

employee

MS. MARTIN:

in

as far

as

is

employee

T4

15

giving

I6

t.hat

I1

entitled

handbook

1B

the

about

wriLten

they
to

miss

Are

memos to

is

own,

there,

to

sneakq

your

far

to

refer

back

to

the

you

aware

of

or

rest

t.he club

telling
brea k,

ever

them
t.hey are

pay?

only

same objection

answering in

20

THE WITNESS: I

27

don't

her

the

^ - r ^ - ^ ; 1 . .

uqPout

Ly.

rememberthat.

22

this

23

cl-ub conducted

an investigation

24

missed a break

invor-untarily

an individuar

as to

individual

By MR. COWAN: Are you aware at

MS. MARTIN:

about

"premium pay.,,

i_ts ernployees

a mea.l- break

premium

She is

is

to

that.

MS. MARTIN: Objection,


scope.

as

knowr !es.

document

woul-d have

BY MR. COWAN:

out
if

her

no mentron

handbook

Objection,

THE WITNESS:

13

25

answering

vague and ambiguous as to,

\2

19

only

same objections

BY MR. COWAN: There

itself,

is

foundation,

capacity.

THE WITNESS:

11

testimony.

she

10

lacks

question

-of

at

any time

any time whether the

whether

as opposed to

an employee
voruntar-i 1y?

Vague and ambiguous as to,

DEPOSITIONOF LIL AMINI


130

"investigalion."

Overbroad

THE WITNESS:

as to

wasn't

the

aware

of

scope.
anything,

personally.
By MR. COWAN:

March

came with

'7

of

2005 to

the

to

10

answer

question

T2

the1.r

as

your

in

far

direct
O

L4

non-responsive.

15

ever

T6

questlon

to

about

I9

answer

individually.

within

the

their

24

tell

)\

anyone

have

were

had

employee
and was

scope

of

pMQ.

the

they

any

kind

would

of

go to

talking

to

to

that

go to

questions

vague
of

if

the

HR.

have
But

about

as

know whether
aft.er

they

someone

had a

and ambiguous.
you

notice.

should

have

known of

they

were

sent

to

they

were

talking

somebody --

wouldn't

st.rike

breaks.

wouldn't

known of

manager/
them

scope

you

informatibn

Objection,

THE WITNESS:

23

the

go,

am aski-ng if

meal_ and rest.

not

they

fron,

capacity.

breaks

HR for

Again/

22

outside

individuat

their

18

wouldnrt

time

breaks

They woul-d go __ with

as

MS. MARTIN:

2I

any

an hourly

BY MR. COWAN: Move to

was sent

20

where

of

supervisor.

13

I1

aware

meal- and rest

Again,

THE WITNESS:

11

about

you

HR?

MS. MARTIN:
Please

present

a question

referred

Are

if

known if

the

HR was always
anything,

they

that..

HR if
to

manager would

open.
are

If

more

than

DEPOSITION
OF LIL AMTNI
131

wefcome

the'e

to

receiving

go to

to

HR.

By MR. COWAN: From 2005 to

a written

procedure

fofJ_ow for

them

their

to

MS. MARTIN:

THE WITNESS:

MR. COWAN:

THE WITNESS:

10

again

so

have

was given

make sure

mea_I or

that

rest

the

that

present,

to

the

employees

was

managers
were

breaks?

Objection/

vagiue and ambiguous.

A written

procedure?

Uh-huh.
just

Can you

a clear

11

repeat

understanding

the

of

quesrton
quest.ion.

the

(Record read. )

I2

THE WITNESS: Written


--

13

they

T4

reconrmendedtime

15

1f

16

time.

that

a fot

of

it

1,1

now is

so they

particur-ar

18

differently

19

what had to be done.

20

writt-en,

)1

only

that

23

were filed,

24

t.imes into

25

not

woul-d refer

said,

was just

back to

taking

every

correctly,

that

department

r don't. befieve
in

the
the

aware of

--

at

there

schedules,

anything

that

but

putting

see

did

is

it
that

is

anything

our employee handbook.

some point

cl-ub started

to

a break around thar

conmon knowledge that

the policies

after

what

so they have a

BY MR. COWAN: So to make sure I

22

;ust

Well,

the scheduring

emproyee is

But l_ike I
so it

procedure?

after

understood
the

l_awsuits

reconmended break

ot.her than

that/

you are

would have been giving

written

DEPOSITION
OF LIL AMINI
L32

gui-dance

employees

the

to

the

managiers about. making

were

employee

taking

MS. MARTIN:

THE WITNESS:

Objection,

managers

drd,

far

know now,

Iet's

10

really

11

that

other

say

so

from

the

fn

2005,

there

am not

may have

this

is

March

she

took

I2

MS. MARTIN:

13

THE wrrNESS:

I4

know as wel-I but

15

fact

that

of

been

what

2005

responsibility

he or

they

16

than

misstates

sure

what

the

the

Objection,

say

present/
to

the

vague

employees

had to

18

another person switch

like

that

the

take

he or

23

T H E W I T N E S S:

25

the

said,

said
off

she received

MS. MARTIN:

responsibili-ty

22

24

in

there

employees

was
at

as

2005 or

l-t was
make sure

were

their

and ambrguous.
also

had

we]f

aware

--

l_et them
of

the

break.

man their

with

to

post

them ask
or have

them.

BY MR. COWAN: In 2005 woufd you say it

2I

But

doing.

that

employee

The supervisors

manaqers to

real1y

the

a mea]_ break?

r'7

20

was in

testimony.

we have been

to

of

her

And so I would even see a l_ot of

1 q

what

somethrng.

By MR. COWAN: Would you

breaks

their

handbook?

as

their

sure

of

was

the emproyee Lo make sure

a rest

break?

Same objections.
Well ,

t.hey knew they

communication
all-

times

that

with

the

they

have

had

to

suoervi
to

--

but

t i ke

sors

anrl

huy,

do

DEPOSITION
OF LIL AMINI
t33

you r,,/ant to

comnunication.

just

the

brea k?

employee

10

12

15

their

ful_f

break.

thirty

There

received

break/

was not

but

a ful1,

are

to

al-so

make sure

minutes

knew that

for

they

was it
ten-rnrnute

knew that.

they

knew that

saying

it

was the

that

a meaf

had

was ar-so supervisors

supervisors

So you

l-t

responsibility

was it

The employees

The employees

ten-m:.nute

of

just

saylng

employee?

Whose responsibility

an employee

T6
l.'7

Welf.

I4

the

are

responsibilrry.

received

thirty-minute

so i-t was

So you

of

was not

now,

whose responsibirity

13

ft

supervisor's

11

responsibifity

A
the

break

By MR. COWAN:

the

go on your

that

as werr.

t.o make sure

that

rest. break?
had

the

fulf

as wel-f.
responsibility

both?

18

19

employee

20

ten-minute

2I

their

22

Well,
to

ten-minute
In

23

break

was

24

break

and

it

25

rt

see

that

to

is

know that
break

it

if

the

they

just

to

responsibility
have

relax

they
and

of
have

regroup.

the
that
That

is

break.
2005 was it
there

wasn't
the

the

responsibility

was a problem

happening,
break

__ 1f

wit.h getting

the

whose responsibility

was received?

Employees

the

was
or

the

DEPOSITIONOF LIL AMINI


134

supposed to be done here at

THE WITNESS: I

deposition.

am sorry.

Would you repeat

the

question.

(Record read. )

MS. MARTIN:

THE WTTNESS: The way the employees al-so kn.ewthat

Same obj ectrons .

they

and their

had to make sure that

were supposed to

10
11

receive

their

ten-m-inute breaks and supervisors


they did

receive

breaks;
A

yes.

13

So your test.imony is

I4

employees --

15

regarding

15

responsibility

T1

they were getting

1B

:-n a positon

according

to

you --

meal breaks and rest


did

of

l-ie with

true

for

rest

She has already

that

although

knew about the policies

breaks,

ulti-mately

the supervisors

to make sure

power; right?
Objection,

misstates

answered this

question.

her testimony.

THE WITNESS: The employees know that

22

take

23

break.

24

need coverage,

25

supervisor

Lheir

the

those breaks because they were the ones

MS. MARTIN:

2T

veS, they

right?

I2

20

breaks

it.

BY MR. COWAN: The same is

I9

thirty-minute

thirty-minute

They know that


they

meal- break and their


and they are the

have to mention

a s w e l _ l._

they have to

that

I mean I believe

it

ten-minute

ones that. 1f
to

the

is

a j olnt

they

DEPOSITiON
OF LIL AMINI
L31

effort.

2
3

personal-ly

O
can

BY MR. COWAN:

glve

to

MS. MARTIN:
take

Is

that

r g D

best

answer

you

When you

MR. COWAN:

Yes,

get

fet's

to

take

(Brief

a good point/

can we

record.

11

your

We took

a short

a brea

recess. )

BY MR. COWAN: Okay.

10

Let's
you

break.

go back

are

on the

abl-e to

resume

testimony?

T2

yes.

13

Do you need to

change any of

your earl-ier

testimony?

15

No.

I6

want to

confirm

the

I1

given

1B

policy

I9

other

20

reconmended break times and other

2I

instructl-ng

22

people were taking

23

that

24

provided

25

the

a break?

I4

that.

my questi_on?

believe

so far

which is

regarding
than after

there

providing

was

as part

thirty*mj-nute

2 0 0 9 s c h e d u _ L i n go r

i-ts managers
their

the required

tvlS.MARTIN:

you have
of

the c_lub's

meal- breaks,

referericrng

than generally

the managers to make sure


breaks,

was done to make sure


for

testimony

that

there

a mea.l break

thirty-minute

Objection/

was nothing

else

was being

period;

right?

vague and ambiguous/

DEPOSITION OF L{L AMIN]

138

overbroad.

2
3

THE WITNESS:
to

take

their

was nothing

ensured

managers

the

done

other

to

than

check

breaks

ensure
a general

supposed

t.o be;

knew.

T2

wou]d

13

drink/

I4

noth:Lng

15

15

spec-i-al events

I1

tournamenLs,'

take

is

yes,

why the

their

eat.

but

ti-me to

They would

also
as

BY MR. COWAN:
like

Super

rest
of

breaks,

breaks

having

empl0yees
that

know

there

were

the
knew what

right?

--

wou]d

the
rike

smoke break,

know that

Bowl

employees
r

said,

sit

down,

as wefl- but

should

know.

cl-ub sometimes

parties

hel_d

and cel-ebritv

qolf

correct?

19

On days when the

a a
Z L

rest

woul_d _-

they

Now the

Yes.

hours;

is

they

2T

the

go out,

el-se was writ.ten

that,

for

the

employees

1B

like

shoufd

Same objections.

THE WITNESS:
That

employee

policy

sure

were

11

that

and making

MS. MARTIN:

20

the

BY MR. COWAN: And as

10

as

breaks.

Correct,

cl-ub was busy with

events

people would end up working more than ten

right?
MS. MARTIN:

23

overbroad and this

24

so you are asking

25

only

answer in

Ob;ection/

vague and ambrguous/

is

the

outside

her in

scope of

her persona]

your personal

the

capacity

capacity/

if

pMe notice
so you can

you can answer

DEPOSITIONOF LIL AMIM


139

1
2
3

THE WITNESS:
would

have

4
5

to

work

a minute.

long

were

times

hours,

They were

yes.

If

where

longer

By MR. COWAN: Let's

O
for

There

paid;

yes,

they

hours.

talk

about

rest

breaks

right?

'7
somebody needed

bathroom,

would

matter

cl-ub policy?

10
11

of
A

time

No.

they

wanted

that

count

as

their

They are

free

to

to

go to

the

bathroom.

for

all

I2

That was true

13

yes.

I4

So the

15

ref erence to

I6
T1

a quick

rest

trip

rest.

go to

to

break

the

the
as

bathroom

any

employees?

employee handbook contained

breaks,. right?

MS. MARTIN:

Objection,

the document speaks for

itsel-f .

1B

THE WITNESS: (No audibfe

19

response. )

By MR. COWAN: And other

than that,

20

than the handbook and other

than the general,

) 1

discussions

you have talked

about that

22

supervisors

woul_d have wit_h the

23

there

is

24

their

right

25

every four

nothing
to

erse that

receive

hours of

informa_i-

managers and

non_exempt employees,

was done to

a paid,

other

educate them about

ten-minut.e rest

break

for

work,. correct?

DEPOSITION OF LIL AMINI

L40

r/ L
V t s . I { A R , ]I,N :

overbroad,

asked

O bj e c t i o n /
and

THE WITNESS:

the

No,

That

there

l0

--

11

Absotutely.

I2

Everything

L3

about

I4

putt:i-ng

15

when they

L6

rnformal

7'7

their

the

we are

policy

it

in

on the

that

regarding

with

writinq

me?

other

than

bit

different.

the

handbook,

received

the

conversations

same page.

rest

handbook
or

to

breaks

perhaps

supervisors;

correct?

MS. MARTIN:

Objection,

educate

and then

vague

employees

conslsted

a general

interactions

of

discussion

general,

with

and ambiguous

and

overbroad.

2I

25

in

was done

THE WITNESS: Correct..

24

agreeing

was a little

20

23

are

knew.

want to make sure


Sure.

22

they

was nothing

The question

I9

ambiguous /

handbook.

1B

because

BY MR. COWAN: you

O
lust

and

answered.

employee

vague

BY MR. COWAN: The rest

breaks were never

schedu.led,' right?
A
needed to

No.

They

can

t.ake rest

breaks

whenever

they

rest.

Was there

ever

a procedure

for

non-exempt

DEPOSITIONOF LIL AMINI


I4I

empl.oyees

2
3

report

was no

to

do

No.

break?

vague

and

to

report

anything

like

misunderstood

ambig,uous/

Sure.

11

Let's
missed

opportunlty

to

16

there

I1

didn't

1B

receive

my rest

MS. MARTIN:
rncomplete

20

in

Let

by

for

break,

aside

why,

which

they

had

you

may have

again.

whatever
did.n't

let's
to

he or

Objection,

supervisor.

reason;

have

okay?

the

assume the

take
she

vague

a rest

person

break,

coul-d report,

was
hey,

and ambiguous/

22

didn't

get my break.

23

didn't

get my rest

They woufd tefl_ their

1n 2005; yes?

or

There

break?

2I

25

__

me try

T H E W I T N E S S : T h e y w o u . l _ dr e p o r t

writing

am asking

opportunity

hypothet.ical

24

breaks.

rest

it.

set

the

a procedure
get

a rest

take

Letrs
didn't

assume that

An employee

rest

a missed

that.

my question.

their

nothing

BY MR. COWAN:

15

take

was no --

there

I4

A procedure

They woufd

10

19

Objection/

THE WITNESS;
break?

13

rest

overbroad.

1 )

a missed

MS. MARTIN:

to

That is

just

it

to

their

supervisor

hey,

the hypothetical,

f
I

break.

BY MR. COWAN: That was

that

was the

case

DEPOSITION
OF LIL AMINI
742

I believe

And six?

Y O A

And

Yo<

And nine?

That

3
4

rest

wouldn't

break

10
repo-rt

72

whether

it

13

because

they

I4

anywhere ?

a mi ssed

was of
were

denied

MS. MARTIN:

know if

did

they

not

take

would

or

their

they

this

policy

t.hat

whether

it

shout-d

was thei r

own choosing
it,

they

or

was that

whether

in

it

was

writing

mischaracterizes

her

testl-mony.

1 q

was the

20

break

25

employee

Objection,

24

the

break

their

1B

23

--

rest

THE WITNESS:

22

don't

eight?

point.

I1

21,

and

if

And this

11

T6

is

that.

15

seven

which

at

so.

They were

BY MR. COWAN:
policy

t.o their

that

they

supervisor

MS. MARTIN:

never

Let

denied

for

shoufd

whatever

report

in

writing

Objection,

vague

:-t.

a mrssed

reason/
rest

anywhere?
and ambi_guous/

overbroad.

THE WITNESS: In writing?


was anything
O

that

you had to

report

BY MR. COWAN: So to

don't
in

bel_ieve there

writrng.

the best

of

Vour

DEPOSITION OF LIL AMINI

r43

cauried

to

cars

whj-le

they

were

driving

them

and parking

them?

or

No.

So nothing

tips

pay

to

accidentally

for

any

caused;

No-

you

Nothing

LO

So I

of

mea-I breaks

11

rssue

L2

Hostesses

13

Lucy

I4

differentJ-y

was ever

damages they

is

are

that

mighL

agreeing

with

wages

have

was deducted.

want

to

come back

and rest

for

breaks

Messerschmidt.

was Lucy

any

of

No.

T6

So she was treated

a minute

the

to

the

and specifically
my cfient

Messerschmidt

t.he other

treated

any

HosLesses?

same way all

the other

Hostesses were treated?

1B

yes.

l9

And when she was a Hostess,

20

their

me?

and even more specifically,

from

from

riqht?

15

T1

deducted

that

she

coul_dn't

27

If

22

Obviousl_y in

23

But

24

somebody there.

25

make sure

it

l-eave the

podium

was there

unattended?

was an emergency/ obviously

l i ke I
So it

a rule

but.

an emergency?

said,

they

was the

wou.Id always have

responsibility

somebody was manning the

post

of

and they

them to
can

DEPOSITION
OF LIL AMINI
148

leave

the

podium.
So the

supposed

to

somebody

i_s dying

supposed

c^rr?al

rul-e

be

absent

Bathroom

be

at

was always

an emergency,

earthquake,

an emergency,

l_east one Hostess

yes.

10

And isn't

the day only

1 )

13

it

true

that

there

was always

at. the

podium,.

Sl-ow times.

So on

those

occasions,

to

f:Lnd somebody who was willing

15

if

she

wanted

I6

I1

1B

to

leave

the

certain

times of

a Hostess
to

podium

cover

and

would

have

her,

right,

for

comply

with

Not willing.

company poticy?
Not willing,

but it

I9

Hostess did

20

they were to

2I

would have to be wirling,

22

else,

need to

leave,

go t.o that

hlere there

post
but

not

was known that

if

she coul_d cal_l anybody and

Vs, we would go there


o

at

one Hostess was scheduled to work?

I4

23

fire,

11

there

issues.

absent
to

was that

--

to man it,
if

she called

and have her


were there

24

Lucy Messerschmidt

wou]d want. to

25

break and couldn't

do it

right

not

leave

that

they

me or anybody

l-eave the post.


not

times

her post

to

where
take

away because you or

DEPOSITIONOF LIL AMINI


749

Exhibit I

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

3
4
5

LUCY MESSERSCHMIDT,
lndividually
and on behal_f of
all
others
similarfy
situated,

5
1
b

9
10

P t : t n r l i t

V S .

VH PROPERTY CORpORATION dba,


TRUMP NATTONAL GOLF CLUB and
DOES 1 t.hrough 100,
Defendants

11
I2
13

)
)
)
)
)
)
) C A S EN O . B C 4 O 3 O B 7
) Consol-idated wrth
) C A S EN O . B C 4 0 8 9 9 9
)
)
)
)
)

(Per Protective Order section 4, this 1-r:nq.rihi


shall be treated as Confldential for a perrod of
30 days afLer i-ts recerpt. )

I4
15
I6

DEPOSIT]ON OF
MIKE

II

Santa

1B

Friday,

VAN DER GOES

Monica,

California

September

9,

2OII

I9
20
2I
22
z3

ATKINSON_BAKER,INC.
COURT REPORTERS
(800) 2BB-3316
w w w .d e p o . c o m

24
25

R E P O R T E DB Y :
CYNTHIA E
FILE NO.:
A508744

LAMB, CSR No.

8349

DEPOSITION
OFMIKE VAN DERGOES

yes.

How long

What was the

rt

it

was at

10:34

don't

was in

Via

Verde

What did

So

golfer.

11

Took

I2

washed them,

13

bags,

you

that

care

15

approxlmately?

16

Three

7'7

What

was

18

AIso

79

Country

How long

of

to

say

10:34

t h j . ls

am nor

dia:

golf

took

question.

10:34

carts,
care

cl_eaned them,

of

put

them

away.

you

have

that

the

members,

job,
10:35

years.
your

cart

job?

next

and bag

attendant

at

Wilshire

Cl-ub.

For

2I

Approximately

22

After

23

That

25

for

the

did

20

24

want

there?

mean you

t.he c lubs,

a t .t . e n d a n t . .

them,

I4

in{ustry.

Cfub.

do

ca rt

charged

cleaned

it?

job?

golf

the

apologize

What does

have

next

Country

wa s

you

recall.

10

did

how long?

10:35
a

year.

that?

was an Assi_stant eolf

pro

at

Indusury

Hi 11s.
is

a country

clubf

10:35

23

DEPoSITIoN
oF MIKEVeN nERGoES

speaking

obj ections

and

"vagiue
judge

is

real1y

ambiguous,

training

in

THE WITNESS:

1 a

argue

any

repeat

rt

the

Sure.

wit.h

t.o the

Did

you

receive

becoming

the

GM?

any

10 5 9

No.

training

MS. MARTIN:

After

in

you

being

Objection/

became the

the

vague

GM, did

General- Manager?

and

l0

59

ambiguous/

overbroad.
THE WITNESS:

I4

BY MR. COWAN: What training

15

It

I5

What was that?

I1

It

1B

and

79

w:-th the

20

hour.

in

27
a a

trial-

10 59

question.

13

L L

at

Say,

Same objections.

BY MR. COWAN:

receive

11

Can you

con j unction

MS. MARTIN:

you

can

BY MR. COWAN:

10

you

"

appropriate.

sufficient.

THE WfTNESS:

aren't

order

correct

23
know.

25

from

was

through

our

make sure
Iaws

sdy,

yes.
did

that

that

you

receive?

S&K Complj_ance.

company we l.tse for

So tel_l- me a1l

we stayed

govern

11 00

HR resources
in

Cal_ifornia

conjunction
wage an

the

trai_ning

you

received

S&K.
A

24

was

would

l1 00
O

from

to

T can't
r

think

breaks,

that

when to

gf ve
to

you

the

take

specif i_cs because

best
breaks,

of

rny reco-Llection
hiring,

firi-ng,

don't
it
last

was
11

00

34
DEPOSITIONOF MIKE VAN DER GOES

what

employees

are

we can

expected

What

Anything

used

ind:-vidua-l- pay

to

anywhere

purchase

were

their

you

for

Were you

taught

Not

10

what

course

I2

employers

of

this

We are

I4

so

should

you

because
you

the

rt

cannt

can

make that

anything

be

r-earn about

erther

at

about

informed

what.ever

was

rest

to

follbw

in

the

the

other

perlods?

bmployee

handbook

you

11 13

That is

1B

Y O C

T9

Is

20

Y A Q

23

professionals

24

explained

25

periods

any

to
or

th e

what they

same true

taughf

for

yes.
you to

do?

m e d l _p e r i o d s ?
l1:13

you

stt

seminars
or
you

rest

L2

poIrc:-es.

I1

attending

11

requested

during

ltrump or

That woul-dbe the polrcy,

22

1,2

el-se?

As

r1

and belts.

I6

11

be

fol low?

2T

11

own.

cannot

They

shoes

ever

j-n California

therr

what

recal].

trainlng,

13

15

logo,

unif orms.

11

on

charge,

taught?

own slacks,

did

of

empl-oyment.

those

that

free

t.o purchase

with

else
f or

provrde

here
where

whatever
exactly
breaks

today,

other
what

in

anv

d a)

of

\/artt romomhar

TNCSC

HR

gualirications

the

r4r

they

was regarding

Californi{:

had
mea-L
1 1 : 1 3

4I
DEPOSITIONOF MIKE VAN DER GOES

2
3
4

I
I
I

durrng

No.
Did any of
jobs

the

I
I

yes.

what

jobs

these

B
9

you

krnd

had

poficies

car-ifornia

accurate

timekeeping

11

O
woufd

that

13

for

15

you

If

something

11

foll-ow

1B

s omebody ' s

pertain

to

from

2I

independent

durrng

timekeeping?
my recorr-ection

wage and. hour.l_aws

as

to

that

11:14

tO

srxth

grader,

what

incom[fete

hypotheLi_cal,

specul-ation.

t.hat

rs

woul_d say

written

to

-ln the

correctly

pol i-cies

wouf d be

nairabook

and

and accurately

11:14

that

you

report

tl-me ,
and practlces

worker

to

are

qolf

pro

everybody

__

every

to

different
an

I1:I4

conrractor.
So

think

23

little

24

handbooks pertain

to

25

accurately

time.

bit

state

Obj ection,

construction

22

from

receive

employees.

The procedure

20

you

mean?

1n order

I9

for

did
about

were

explained

T H E W I T N E S S:

I6

Cal-ifornia

cal-ifornia

MS. MARTIN:
cal-fs

Lraining

that

10

the

of

in

to

74

you received

11:13

rel-evant.

I2

you had in

thar

5
1

that

t.he t.ralning

I trmekeepinq?

I
5

11:13

different

record

so

that

that

is

state's

why

company

woufd

a$ilities

say

is

that

a
the

and needs to

11:15

42
DEPOSITION
OF MIKEVAN DERGOES

say

that

t.hese priorities

on

everything

possibl-e

your

sense

about

that

I g J

By

supervrstng

what

the

11

budgeting

it

would
and

I2
with

I4

the

15

he

76

being

I1

trme.

1B

have

79

up

is

As

20

worked for

2T

was the

on

25

people

the

Y,

Tru

with

t a l -k
p

about

National

Golf

Club,

stayed

servr-ce

within

and

1 1 . ? A

topr

fo1 J-owlng

he

to

expense
adherrng
to

regards

raining,

they

custome

-ls he

stim

to

correct
is

to

he

protocol_s

adhering

sch

to

HR regulations,

-late business,

obvrously,

best. you

coufd

Trump National

most

24

at

sa

mean tha

new ideas

rmportanL

MS. MARTIN:

23

to be the besL

dulrng

if

we are

not

J_s

is

it

is

he

11:34

down

gol-ng to

starter.
O

')a

j ob and do

do your

mean?

adhering

with

it

heads

again/

manual,

proactj_ve

X,

to

employee

If

you

employee-refated

regards

coming

of

when you

was to

say

S o rs

13

wdy,

that

One,

--

bes

rn order based 11:33

11:33

did

A
their

can

was expected

department

exactly

10

how you

of put

sort

General_ Manager?

were

Golf

thinq

communicatj-ons
with

you

him

at

Let
had
the

rom the

Club.

the

O bj e c t . i o n ,

BY MR. COWAN:

working

tel-l

cl_ b

call_s

Mr .

you

you
you

th:-nk
to

11:35

do?

speculation.

hrase

t.hat

Trump

Trirmn organi

DEPOSITIONOF MIKEV

did

wanted

for

me r
wlth

what

time

and

Based
the

zalron I

DERGOES

what

11:35

ord

you

the

organ:-zation

come to

A
servi-ce

5
5
'l

that

is

the

that

al-so loslng

money or

stilJ-

profitabfe?

MS. MARTIN:
for

speculati_on,

11

THE WITNESS:

13

the

I4

expectations

15

who come to

I6

the

was there.
do

19

a Rrtz.

It

20

there

is

27
that

the

23

wrth

luxury

24

maintain

25

right

Tr

been

belng

visit
is

is

the

facility

att.ached
qo

not

the

dlfferent

public

to

and

those

high

ay

th

vagu

think

j_on

to

name to

be

quaJ-rty

it

th

were

be

a "u^v "u"r .
Y

call-s

F i ^ ^
l
L I U O J .

ur

unders tandinq

ever
f

made money when

i t. 1s

think

11:36

Mi ke,

that

want

there

yees

but

wlth

regards

are

t.he public
to

11:37

iIity.
!our

same as
nly

thing

if

you
is

go to

that

11:37
wa

name Tr
and

1 1 : 3 5

wh_ile

1r

and

I1:35

the

club
can

:mhi

W sternr

the

So it

the

fa

Best

same hotel,

expectatlons

have
the

the

things

provide

the

nnd

for

to

if

best

Lhe empl

going

expects

lrkewi_se,

only

lmportant

to

hypothe

not

you

are

but

BY MR. COWAN:

with

donrt

well

If
expectations

ca

am asking

that

name that

1B

it

have

onty

m st

do?

So my interpretat

cl-ub to

I1

best

incomplete

MR. COWAN:

to

Obj ection,

10

I2

the

you

synonymous

Would

being

were

wanted

Make it

B
9

befieve

th
tha

your
mp to
you

understanding
be

associated

needed

standard?

to
fs

that

II:31

DEPOSITIONOF MIKE V N DER GOES

THE WITNESS:

2
3

m i nhi -

BY MR. COWAN:

What do

handbook

everything

think
so

as

am sure

el-se and

MR. COWAN:

an

employee/

that

it

10

short

11

f
!

F q f

BY MR. COWAN:

brea k

l m n n \ /

Do you
c i

need

13

So a moment ago

I4

t.houghtit

was lmportant

15

rea sonable

steps

I6

under

1B

O
Manager,

20

ensure

l-aw were

2I

Cal-if ornia

please

Lhat

the
law

the

Trump

the

that

trme

co
its

do

that

National_

reoarcli ncr mcal


Obj ection,

THE WITNESS:

tes

given

you
t

home just.

at

ting

Iike

around.

ne

second.

he

record.

any

We took

your

of

ified

that

pany

to

you

take

employees'

afl

rrghts

yo

remember

that?

yo

were

Genera-1

m e a L _ Ls r e p s

caJ_ls f or

Tom Sperandio

you

protected;

tell

MS. MARTIN:
overbroad,

on

change

for

t.o ensure

Durrng

79

25

are

mrght

r ?

No.

24

you

recess

to

I1

for

Back

12

the

th
ffo

a break

(Brief

put

cou-ld be

Take

23

think

have ?

22

you

at

the

were

Gol-f Club

taken

complied

to
wrth

break
vague

and

ambiguous/

specu.l-ation.
f

who was

woul-d have
in

charge

to
of

defer

that

R and

his

DEPOSITION
OFMIKE AN DERGOES

to

72:09

communi_cations

+-hrf
Lrlo
L

+l-'-ts
LItd
L

3
4

that

n h r r a a

BY MR. COWAN:

means

nrrlr - "

at.

i f

henr'llrnnlz

11

to

don't

the

ated

to

making

sure

accurate

to

I2:09

Mr

it

be

Sperandio

was

in

I2:09
it

policies

once

he

m a n u a . l /-

some point

discussion

he

di

the

yes

put

It

about

what

thatf

are

yo

ensure

th

review

That

1n

and

1s when I

an

he
saw

employee

e polrcy

was

q t t n n n q o d
" *rr

L2:70

be?

I2

Yes.

13

Other

I4

else

15

ran:rri

that

the

ina

I6
II

So wouL

know because

knew of

At

10

I
fn

! c

that?

n f

rndividuafs

f'.^-^
Llle]le

wd5

with

than

club

ma=t_

did

vb !f se qa^ kJ S

1B

cafls

for

THE WITNESS:

19

t.hrough S&K and

20

the

2I

responsibrl

22

those.

department

23

ity

heads

with

25

hrm with

the

Other

to

VagUe

of

anythrng

employees'

rights

I2:I0

and

ambiguous /

conclusion
than

the

the

policie

fo11ow,

make sure

donrt

24

through

to

yn !r vr ul tg -u cL . gt

W
w gg! fg e

n
\ r] -I J+_ ^J e^c|j L; l .^O I t ,

MS. MARTIN:
overbroad,

to

aware

the

know exactly

tha
dep

ot

seminars what efse was don

rarnrng
that

sesslons

were

list.ed

for

was my
rtment

er

than

12:\0
heads

the

rndividually

the deparLment heads

DEPOSITIONOF MIKE V N DER GOES

foll-owed

tra i n i ncr
with

I 2 :I 0

Do you

have

any

reason

to

than

any

allega

.l-ons made

truthful-ness

other

l-awsuit

you

4
5

facts

not

not

frrst

bel-ieve

Obj ection,

one with

' i n 1 - o r : e 1 _ . in n c

Again,

Lucy,

vOU

had

l v u

lack

but

no,

W
w r iLt t hr

11

hrs

truthf ulness;

j_s that

T2

No.

13

You are

I4

15

So based

I6

you

I1

were

1B

truthfulness?

working

at

busy

and

22
something

24

he actually

25

o a a l l r r o n a 6

the

on aIl
while

the
he

worked

at.

to

doubt

I2:27

right?

on what

w:-th Mr.

the

wit

pe

Mr.
perry,

cl_ub, why do

think

m A

va !r

\ / n r 1
J v u

post

to

go

ended

up

helprng
he

dlfferent

saylng

was.

So T don't

run

yo

an

the

trled
that

ry

. dg rr - c^ c1
q

based

h:-1e the

he wanted

his

He came back,

23

wrth

you h ve no reason

drsagreeing

donrt
l-eft

had

am disagreeing.

expertences

got

assumes

don'

p
errrr
r c ! ! y

Mr.
! a ! .

cl-ub when you were there,

2\

foundation,

So based

the

he had

i-n his

true ?

so much

10

20

be

72:2I

I Z : Z I

BY MR. COWAN:

I9

to

his

1n evidence.

THE WITNESS:

B
9

do

MS. MARTIN:

6
1

that

doubt

t
he

know i

doubt

to

get

rand,

on what

two

of

l2:22

you

hrs

in

trouble

food,

and

and
it

I2:22

valet.
r] i qorr

as

not

that

i co

i 1L -

off
is

@ J

site

and

one-tlme

I2:23

DEPOSITIONOF MIKE V N DERGOES

Again,

l-ittfe

white

didn't.

want

-nnarl-

"rv

rrni

"

fie

and

again,

he

and

Anything

No.

n
Y

How do

r c n h

was not

10

q a

r :

om

c o

that.

you

the

11

Rest.ate

I2

Sure

the

74

c ^ m 6 t- -. ,hr i, ,n) n
J

15

s1te,

I6

n^l-

court

lhe

goi-ng to

hai

nd

I1

time

befieve

I9

left

the

20

just

not. being

2I

that

he

the

effect

wa

I ust

it

and

abo

you

i_earning

sard
you

question

rt

was frne

of

preci

hrm

a b O U t

for

being

to

on

off

the

hrm?

the

effect
you

but

being

said

off

premises

the

and

you

truth

opposed to

Perry

time.

about

bei

me

Mr.

find

ely

lvin

.,^,.
y v u

or

more

_ J - . ^

, . , . if l w r L r r

that

uldn' t

on

not

avaj-lable

let.

he was not

somethi
it

U I

^
l .l ^,.^
g I I g V C

to

and

as

just

but. I

was not

food

was not

premises

it

that

So my quesLron

1B

iL,

when he

s ! r g g L

tLr !r ur {L- r} r" !F u" r1

ca

know that

can get

get

j ust

Lo

spoke

You said

reporter

people

else?

trut.hfuf

durrng

13

What causes

berng
c

thin

you want

if

was

get

to

{- rr

it

sti

t ^ r h : 1 - n : r r a a i . / O U
I

ul- and
I

berng

tha t

he

there

t O

ha d
but

found?

because

we were

23

Anythrng

else?

2,4

No.

25

Did you know someone na ed MaraI Bolsajian?

22

not

abl

to

reach

him

on

the

radio

DEPOSITIONOF MIKE

N DER GOES

empfoyment in

the

or

golf

club's

rest

changes

recall

10

in

laws

So

for

policy

"cf ub's

there

any

employee

changes 1n

meal

01:34

breaks

the

employee

changes

point

onward/

nual

employeesf

the

about

mv recol lection,

to

kno

how meal_breaks
Ob;ection/

to

but

reflect

cetera,

01:35

and I

don't

that

your

oo,

vague

ou became the
l edge ,

what

woul-d be
and

Interim

was

t.he

scheduf ed?

ambiguous

as

01 :

to

policy.',

I4

t-n

15

employee

employee
to

15
I1

policy

1B

what

I9

practices

20

facil

is
the:-r

The policy

manual- for

know what
As

there

the

was

manasers
riqhts

service-based
for

everybody

opportunities
may differ

to

written

enforce,

down

for

the

ar
indu

to

kn

01:35
try,

w what

rh nk the

are.

based

ctually

upon

whe

you

think
they

the
are

and

procedures
worked

in

and
the

ity.

01:35
BY MR. COWAN:

22

A S

23

departments

24

Manager

to

the

from

THE WITNESS:

) 1

of

those

MS. MARTIN:

the

regarding

what

General- Manager
cl-ubrs

best

we updated

13

25

the

exactly

11
I2

policies

To

know that

2009, wer

breaks ?

January of

what

to

the

procedures

o.f the
ensure

MS. MARTIN:

Do you
were

facility
that

ve

fn

when

e
yo

empJ-oyees go

Obj ection/

vague

an understanding
di fferent

were
the
and

the
meaf

General
break?

ambiguous/

DEPOSITIONOF MIKE V N DERGOES

call-s

01:36

for

1ega1

concfusi-on

THE WITNESS:

to

course

instance

rf

they

gotng

o'clock

go by

policy

are

for

B
9

than

11

busj-ness

1 )

o'cl-ock.

service
so

13

be

avail-ability

15

drd

I6

have

to

took

a break

gor-ng ba

procedure

food

01:35
k,

w s

and beve

managers

di-fferent
vafet
at

comi

busy

4:30

to

from

the

d9e,

a weddinq

procedure

business,
they

but
take

for

maintenance
they

would

in

have

from

golf

for

5:00

o'c.l-ock

you

take

work

thirty-minute

r-n the

pon

mo e
br

The grou

be

are

heir

based

drd

would

really

not

in

agronomy

break

time

than

different

01:37

at. 11:00

and

six

hours,

you

: k

01:37

ds

keepers

always

when?

1B

T9

MS. MARTIN:

w o u l d s a y b e t w e e n 10 :

and 11:00 or

Be.l_atedobiectio

11:30

cal-1s for

speculatron.

2I

01:37
BY MR. COWAN:

22

that

23

other

24

rnvo.Ive

25

coul-d a.l-ways take

the

grounds

words,

01:36

possi_bly 5:00

hey

just

are

fluctuated
rf

th

where

always

BY MR. COWAN:

"ensur

stragglers.

So it

T4

20

had

to

t.he grounds

the

the
to

So the

10

I1

they

to

Again/

and

maintenance

as

what

interaction

keepers
they

their

were

did

with

you

test
not

didn't

the
break

fred

ago

rV1 CC

r a c 1- I rr

affect

rs

guests so they

custom
at

a moment

DEPOSITIONOF M I K E

and

employees.

a r l - i r - r r l : r!

fL i I I-T LoS

DERGOES

In

or

01:37

BY MR. COWAN:

talkrng

about

i mn

amon

each

don't

policy

is

*i "m' vn l ar m o n f a r i

because

being

that

is

by

department

to

10

change

11

department

head

1 a

department

which

or

13

But

I4

manager.

obviously,

the

to

I6

whatever

T1

created

1B

handbook,

the

I9

directron

woufd

So rt

the

carry
the

2I

T ^

rt

between

23

level

24

supervisors

and

25

more

keeping

a manager

of

a
a

and

n h : n a a

nate

of

d
rs

that

l-ower than

ctions

i nc

that. from a

from

that.

that

1u -yr ry nai u nq -r r ly 1 "

th:l -

epartment

supervis

rufes

head

and

acting

my knowl_ dge,
to

say

at

on

company
your

eye

on

empl
helpi

yes .

the
just

The manag

non-manageriaf
an

rvi-sor

supervisor

responsibility?

people

sup

drr

\t

O2

them out?

best

and

rt

subord

m.

that

see much of

to

or

ra

in

wrj_tten/

upheld

policies

and

is

e cdtr

understan

accurate

)a

pr

practi_ces

or

managers

To

one

your

implement

want

getting

are

is

20

of

just

procedures
to

you

a manager

is

hat
o be

to

was a varaatl-on

facility

and the

if

they

15

ther

department.

variation

ou-Ld do

somethrng

The practices
from

rs tand what

und

department

think

policy

requested

8
9

what

you

is

difference
sort

in

yees

sort

d
Y

r r r n ?

fU V^

of

charge
of

one
of

have

108
DEPOSITIONOF MIKE V N DERGOES

employees

gettrng

No

Drd

employee

tips

rest

you

ever

berng

What drd

the

issue

B
9

of

qlt

rc

If

being

turned

rrrhnr]

everybody

11

want

to

pool

_in your

r2.

want

to

keep

in

on the

was

L4

Manager at

15

Mr.

16

pard?

the

Conforti

golf

MS. MARTIN:

1B

THE WITNESS:

L9

20

Trail-s

2I
22
23

about

pocket
pocket.

time

that

club

the

issue

did

issue

you

of

about

o-Leo /

ust
to

put

the

the

stuff

e re

the

tal-k

t.o make

make

you ev r
of

Conf orti-

i-ham

don

left

sure

stuff

that
you

that

02:I2

you

Gene ra lwith

emp oyees being

properly

02:I2

overb

No.

did

MARTIN:

or

Mr.

We Wa ted

Objection/

Gol-f Club,

wi th

-yvv

1n

BY MR. COWAN:

M S.
" i o i n

it

the

T1

shared

rrght

your

about

discuss

up-and-up,

From the

him

poole

or

wanted

10

13

you

n a a n l

* " " 1.

or/a

wrth

know we di-scu.ssecl if -

tips

t.afk

shared

breaks?

Joey

When you

joined

Kim

dy work there?

Obj ection/

al-re
vague

the Ocean
02:I3

and ambiguous as

r t

BY MR.

COWAN:

24

became employed

at

)E,

Mr.

working

Kim

already

the

T,et me b

Ocean Trail_s

Inlhan

v r

u!

there?

-vvu

w q D

02:13

113
DEPOSITIONOF MIKE

N DER GOES

r g J .

0 2 :I 3

What was his

titfe?

Just

Attendant.

But

the

Director

of

a Val-et
at

some time

Outside

Was it

He became a

10
11

and ambiquous

O
questtons

74

as

c a p a c f r! y. ,

as

16

a
- ' "m
F n

there.

1B

nrraA

became

02:13
q
- .l -l rn- A r \ r r

q ^ r

then

pr

overb

moted?
oad

as

to

time,

vague

0 2 :I 3

time.

to

while

Correct.

^ - ^ ^ ^ . 1

and

supervisor?

was he

to

promoted

r e m e m b er h e w a s a

Obj ection,

pertaln

*I

BY MR. COWAN:

15

I1

then

got

Services?

that?

MS. MARTIN:

1 )

13

And

he

h :
u
:-rect.or

of

You unde

stand

Vou work

don't

bel_ie e

Outside

Ser

How woul-d you descrrbe

alf

at

t.he cl-ub?

that

ices

our

my

he was in

whil-e I

that

was

refationship

02: I4

with

Mr. Kim?

79

M S . MARTIN:

20

T H E W I T N E S S:

21

BY MR. COWAN:

Z Z

Uh-huhr

23

Was your

24

M S . MARTTN:

25

THE WITNESS:

Objection/

overb

Friendly.
It

02:I4
was S

!es.
re.lationship

Obj ection,
I

thought

w th

vague
it

Mr.

and

Conforti

good?

ambiguous.

wa

02:I4

TI4
DEPOSITIONO F MIKE

DERGOES

concerns

t.hat

emnlor;ee

l.n

me.

So

- l r o q l .

Va<
.

n n

fL nv

tL -t h
a
t C

to

A^

L l e

every

woul_dgo from

rtment

head to

Iittle

nuance that

the

02

HR to
the

am gorng

c ^

asked a

hrrt-

Maybe

That

to

sli

htly

move to

am not

di fferent

strrke.

interpre

tlng

it

correctl_y

t.hen.

9
10

11

wrl-l

w1l1

is

try

move to

13

heads

I4

issues

that

15

as

forth

76

that

I1

seL

1B

followed

and

set

It

stri_ke

ppens aIl

the

time.

non-respons:.ve and I

02

again.
Other
other

you

did

forth

in

19

possible.

technically

I2

20

rm
r r^q n
r rau n
v ua!

hat

and

had.

'7
B

].he

empl_ovee had

was not. exposed

facility

an

and

M S.

than
than

monitoring
being

may have
this

to

ensure

its

that

employee

MARTIN:

their

handbook,

carried

ual-l-y the

availabl

worked

in

vi

to
w y

was

the

not

handbook

department

respond

through

to

process

the

here

anything

cies

of

the

ere

actually

oad,

vague

any

else

O2

cl-ub as
being

out?
Obj ection/

overb

and

ambiguous.

2I

THE WITNESS:

22

seminars

23

review

24

policies

are

25

any

of

and

what

kind

the
was
to

think

meetings
in

the

that

employee

make sure

changes

that

there

that

wo 1d

we h

refer
with

man al- or
we a

back
S&K to

what

stayed

to

the

always

the

current

wlth

were.

L2I
DEPOSiTION OF MIKE

AN DER GOES

BY MR. COWAN:

O
2

other

policles

that

employee

handbook

than

were

were

MS. MARTIN:

THE W]TNESS:

O
your

department

flnd

out

11

"this

72.

effect

what

at

and

were

were
I

T4

Can you

be

Did

ng

n r r f
V U

; ^
r t l

02:25

the

f l . - ^
L L t C

enforced?

02:25

you

talk

being

ever

to

doj_ng ro

don't

meet

with

any

t hem specifically
m ak e

carried
e

sure

the

of

to

poJ-lcies

out?

When I

loyee

manual- was rn

say,

02:25

recafl_.
think

of

anythi

that

woul-d help

you

remember?

02:26

I6

No

r'l

How much direct

the

hourly

MS. MARTIN:

20

O
worked

as

woul-d you have wi th

contact

employees?

I9

2I

J< va j . - L

that

did

t.he trme.

1B

and

mean whatever

13

15

ensure

you

No

they

handbook, "

that

Same oblections

heads

handbook

else

me

actually

BY MR. COWAN:

.rn thrs

told

estab_Irshed

10

just

you

what

Anythin

Obj ection,

By MR. COWAN:
the

General

22

Qurte

23

What

24

M S . MARTIN:

25

THE WITNESS:

overb

During

Manager is

trme that

wh

wa

ir?

you

am talking

02:26
about

lot.

kind

of

contact

Obj ection,

overb

From saying

goo

oad.
morning to

helprng

02:26

I22
DEPOSITIONOF MIKE

DER GOES

No.

So 1et's

want

to

talk

used

at

the

There

02:40

about
cfub

change subjec

the

time

whil_e you

was a

L-rme clock?

Yes.

Was 1t

MS. MARTIN:

THE WITNESS:

10

particul-ar

software

I2

employees'

time?

don't

that

Yes.

T4

What were the

15

or

I6

Generaf Manager?

tfmekeeping

1B

Who would

don't

that

Genera]

Manager.

were

same kind

or

vagiu

ambiguous

and

drd

it

change?

recall-

During

was there
keep

names of

systems that

I1

th

second.

systems

was used

13

were

track

he software

us

d while

02:40
of

programs

you were the

02:40

know.
know,

to

+L )1 -f ^C

est

of

your

knowfedge ?

20

Tom Sperandio

27

To

22

partr

23

was tt

24

programs

af,
L J

the

Object.ion/

11

r9

were

BY MR. COWAN:

keepin

02:40

always

for

cul-ar

knowl-edge was

t:_mekeep:_ng program

l-n use

your

02:40

being

for

the

used

For the

enti_re

for

or

cl-ub

different

entire

--

stem
o
d

were

whenever
was being
Lhere

used,

different

partments?

cl-ub.

02:4I

131
DEPOSITIONOF MIKE V N DERGOES

regards

to

processing

f orgot

the

heads.

nuisances

payroll.
punch

to

one

any

that

in

would

little

was provided

the

10

what

11

was properly

they

to

the

of

woul_d be

the

person

that

to

punch

out

that

or

woul_dbe

h Lhe department

wi

make sure

keeping
I

to

you

grving

I1

make sure

you

1B

] -h o r a

other

19

managers

and

20

track

employee

q: n r ' r j

of

the

handbook

understand
training

M S . MARTIN:

22

THE WITNESS:

23

O
timekeeprng

25

Were there

whatever
and

reco

ding

what

tra
and

the

eryone

and

tralnlng

managers

efse

cl-ub as

was dorng
a whofe

everyone's

heads

02:43

time.

n:.ng was provided


epartment

and

to
and

handboo

to

you

aq

and

effect

this

and

given

1n rs,
vely

to

about

telling

what
c

rl ona

his

other

is

issue

02:43

them

in

r1- man

than

here,
l-

of

was

heads,
-k _e -e- nr i- ^ ' nY a

02:44

Objection/

overb

No.

BY MR. COWAN:
records?
hard

something

ttme?

2I

24

head
that

supervisors

the

ut

he

t.he employee

T6

them

ab

and managers

So my question

about

do wlth

track

asked

supervisors

referenced

am tal-kin

am talking

supposed

And

15

department

to

were

I2

you

for

but

different.

supervisors

T4

sol-ve whi_le he was O2:43

people

address

Right,

these

he

he w uld

0 2 :4 3
O

13

If

that

copies

Where

Were they
print.ed

di
sto

and

the

cl-ub keep rts

ed efectronically?
ept

somewhere?

How

02:44

133
DEPOSITIONOF MIKE V N DERGOES

were

General

these

records

Elecl,ronieal

A
How long

8
q

the

MS. MARTIN:

11

O
electronic

13

I4

15

Nat.ional

I6

BY MR.
data
f

Do you
Golf

Club

MS. MARTIN:

were

the

hard

copies

kept. whife

calJ-s

for

ven years.

want

to

say

COWAN:

To

your

you

speculat.ion,

nowledge, was the

indefinitely?

remember
would

how the

keep

Obj ection/

e- - m
. . ro^ l o v e e s : f

track

of

vague

and

his

or

Tr r ru rr rr( m
IJ n

her

trme?

ambiguous/

overbroad.

T9

20

they

2I

else?

22

25

n:n

l r q y

THE WITNESS:

24

e
q tn
l sd

Objection,

kept

1B

23

l \I/

.l-acks f oundation.
THE WITNESS:

71

you were the

GM?

10

1 )

time

Both?

6
were

during

Manager?

stored

used

A
so

Through

the

tim

BY MR. COWAN: Wou]d th


for

a particular

They

entered

week or

in

a pin

cl-ock.
.,
y

t- ^.,^
lrqvc

o