Free Affidavit in Support of Motion - District Court of California - California

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1 Horace W. Green (SBN 115699) GREEN & HUMBERT 2 220 Montgomery Street, Suite 438 San Francisco, California 94104 3 Telephone: (415) 837-5433 Facsimile: (415) 837-0127 4 Attorneys for Defendants 5 SAN DIEGO GAS & ELECTRIC COMPANY and SEMPRA ENERGY 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARK BROWNELL, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Declaration of Larry Stein in Support of Defendants' Motion for Summary Judgment on Statute of Limitations Grounds - Case No. 08 CV 53-DMS (BLM)

) ) Plaintiff, ) ) vs. ) ) SAN DIEGO GAS & ELECTRIC ) COMPANY; SEMPRA ENERGY, ) ) Defendants. ) ) __________________________________ )

Case No. 08 CV 53 DMS (BLM) DECLARATION OF LARRY STEIN IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON STATUTE OF LIMITATIONS GROUNDS Hearing Date: Time: Ctrm.: October 3, 2008 1:30 p.m. 10

HONORABLE DANA M. SABRAW

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I, Larry Stein, declare as follows: 1. I am an attorney duly licensed to practice before this Honorable Court, a

3 Senior Counsel in the Office of the General Counsel for Defendant Sempra Energy, the 4 parent of San Diego Gas & Electric Company ("SDG&E"), and the Secretary of the Sempra 5 Energy Benefits Committee. I have personal knowledge of the facts set forth below, and if 6 called as a witness could and would testify competently thereto. 7 2. On or about October 4, 2004, the Sempra Energy Benefits Committee

8 received a letter from Jerry Fecher, Business Representative, International Brotherhood of 9 Electrical Workers, AFL-CIO, Local 465, appealing the denial of Mark Brownell's claim for 10 continued health and welfare benefits and the deduction of premium arrears from Mr. 11 Brownell's final paycheck. A true and correct copy of the appeal is attached as Exhibit "I" 12 hereto. 13 3. By letter dated December 7, 2004, I notified Mr. Brownell on behalf of the

14 Benefits Committee that his appeal was denied. A true and correct copy of my December 15 7, 2004 letter is attached as Exhibit "J" hereto. 16 4. On or around June 1, 2005, SDG&E received a letter from Mr. Brownell's

17 current attorney, Donald A. Green, in which he disputes the same issues that were before 18 the Benefits Committee, including Mr. Brownell's vacation payout and the termination of his 19 medical benefits due to his termination. Mr. Green enclosed a Designation of Counsel 20 form executed by Mr. Brownell on April 4, 2004. A true and correct copy of the July 1, 21 2005 letter and enclosed Designation of Counsel form is attached as Exhibit "K" hereto. 22 5. I responded to Mr. Green's letter on behalf of SDG&E in writing on July 21,

23 2005, reiterating that Mr. Brownell was not entitled to additional payments or benefits and 24 enclosing a copy of my December 7, 2004 letter to Mr. Brownell(Exhibit "J", supra). A true 25 and correct copy of my July 21, 2005 letter is attached as Exhibit "L" hereto. 26 6. On or around September 29, 2005, I received another letter from Mr. Green

27 requesting that I confirm on behalf of SDG&E that Mr. Brownell had exhausted whatever 28
Declaration of Larry Stein in support of Defendants' Motion for Summary Judgment on Statute of Limitations Grounds ­ Case No. 08 CV 53 DMS (BLM) 2

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Mark Brownell v. San Diego Gas & Electric Company; SEMPRA Energy U.S.D.C. Southern District of California Case No.: 08 CV 53 DMS (BLM)

PROOF OF SERVICE

I, Zhong Lei, declare: I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. My business address is Green & Humbert, 220 Montgomery Street, Suite 438, San Francisco, CA 94104.

On August 18, 2008, I caused to be served the Declaration of Larry Stein in 7 support of Defendants' Motion for Summary Judgment on Statute of Limitations Grounds on all interested parties through their attorneys of record by placing a true and 8 correct copy thereof addressed as follows: 9 Attorneys for Plaintiff: 10 Donald A. Green 11 DOAN LAW FIRM LLP 2850 Pio Pico Drive 12 Carlsbad, CA 92008 13 By Electronic filing and service via CM/ECF; I transmitted a true copy of the above entitled documents to CM/ECF on August 18, 2008. I caused all of the above-entitled 15 documents to be sent to the recipients noted via CM/ECF e-service at the recipients' office. The file transmission was reported as complete and a copy of the CM/ECF filing receipt 16 page will be maintained with the original documents in my office. 14 17 18 19 20 21 22 23 24 25 26 27 28
Declaration of Larry Stein in support of Defendants' Motion for Summary Judgment on Statute of Limitations Grounds ­ Case No. 08 CV 53 DMS (BLM) 4

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 18, 2008 at San Francisco, California. /s/ Zhong Lei _________ Zhong Lei

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