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 James Boland 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 JAMES BOLAND 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, James Boland, declare as follows: 1. I am the Director of Labor Relations for Defendant San Diego Gas & Electric

3 Company ("SDG&E") in this action. My job duties include acting as the custodian of 4 personnel records pertaining to current and former represented employees of SDG&E. In 5 this capacity, I have personal knowledge of the facts set forth below, and if called as a 6 witness could and would testify competently thereto. 7 2. The documents attached as exhibits to this declaration are true and correct

8 copies of documents from San Diego Gas & Electric Company's Labor Relations file 9 pertaining to Plaintiff Mark Brownell. These documents are business records of SDG&E, 10 maintained by the Company as part of its normal business practices. The documents were 11 prepared at or about the times and dates set forth therein. 12 3. On or around August 12, 1997, Brownell accepted a position as a mechanic

13 in the Gas Operations Department at SDG&E. A true and correct copy of Brownell's 14 Acceptance of Offer Agreement is attached as Exhibit "A" hereto. 15 4. Upon employment, Brownell became a member of Local 465 of the

16 International Brotherhood of Electrical Workers ("IBEW Local 465"). Accordingly, his 17 employment was governed by the terms of the collective bargaining agreement between 18 SDG&E and IBEW Local 465. The collective bargaining agreement contains a Sick Leave 19 Agreement which provides that employees who are not medically able to return to work 20 after one year of leave will be terminated. A true and correct copy of the Sick Leave 21 Agreement is attached as Exhibit "B" hereto. 22 5. In June 2003, Brownell went on a leave of absence. SDG&E wrote to

23 Brownell on June 26, 2003 reminding him of the provisions of the Sick Leave Agreement. 24 A true and correct copy of SDG&E's June 26, 2003 letter is attached as Exhibit "C" hereto. 25 6. In December 2003, Brownell's claim for long term disability benefits was

26 approved and he began receiving benefits at the rate of 60% of his base pay, less 27 applicable offsets (such as social security). Brownell never returned to work, but continues 28 to receive long term disability benefits.
Declaration of James Boland 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 James Boland 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 James Boland 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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