DECLARATION OF YOSEF PERETZ IN SUPPORT OF CARA FENEIS’ MOTION FOR RELIEF FROM THE AUTOMATIC STAY

- 1 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Yosef Peretz (SBN 209288)

yperetz@peretzlaw.com

Shane Howarter (SBN 311970)

showarter@peretzlaw.com

PERETZ & ASSOCIATES

22 Battery Street, Suite 200

San Francisco, CA 94111

Telephone: 415.732.3777

Facsimile: 415.732.3791

Attorneys for CARA FENEIS

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re

PACIFIC GAS AND ELECTRIC 

COMPANY,

 Debtor.

Case No. 19-30089 (DM)

Chapter 11

DECLARATION OF YOSEF PERETZ IN 

SUPPORT OF CARA FENEIS’ MOTION 

FOR RELIEF FROM THE AUTOMATIC 

STAY

Date: January 29, 2020

Time: 10:00 a.m.

Ctrm: 17

Judge: Hon. Dennis Montali

I, Yosef Peretz, declare as follows:

1. I am the principal of Peretz & Associates, counsel of record for the Claimant in this matter,

CARA FENEIS (“Feneis”). I make this declaration in Support of Feneis’ Motion for Relief from 

the Automatic Stay. If called as witness in this matter I would and could competently testify to 

the following.

2. I represent Feneis in her suit against Debtor PACIFIC GAS AND ELECTRIC 

COMPANY (“PG&E”) in connection with whistleblower retaliation and wrongful termination 

claims arising from Feneis’ employment with PG&E, brought in the Superior Court of California, 

County of Alameda, Case No. RG17866484.

Case: 19-30088 Doc# 5207-3 Filed: 12/26/19 Entered: 12/26/19 16:55:40 Page 1

of 3
DECLARATION OF YOSEF PERETZ IN SUPPORT OF CARA FENEIS’ MOTION FOR RELIEF FROM THE AUTOMATIC STAY

- 2 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3. Over the following months after PG&E filed its answer to Feneis’ Complaint, the parties 

engaged in extensive written discovery.

4. On May 11, 2018, PG&E served responses to form and special interrogatories, requests 

for admission, and requests for production of documents.

5. After the parties’ met and conferred regarding those responses, PG&E provided 

supplemental responses on July 27, 2018.

6. To date, PG&E has produced nearly 4,000 pages of documents in response to Claimant’s 

requests. Additionally, PG&E issued document subpoenas to various of Claimant’s healthcare 

providers, who subsequently produced hundreds of pages of medical records.

7. While the Alameda Superior Court case was pending, the parties were close to completing 

all written discovery, and were in the process of setting up and taking depositions.

8. Three depositions have already been noticed in Feneis’ case in Alameda Superior Court, 

and Feneis estimates that at least ten more are likely to proceed to complete the discovery process 

altogether.

9. The Alameda Court initially set the case for a jury trial on January 14, 2019, which was 

later continued to September 30, 2019 so that parties could participate in private mediation. Prior 

to the Automatic Stay, Feneis and PG&E had scheduled mediation for May 9, 2019, which was 

only vacated upon PG&E’s fililng of bankruptcy and the automatic stay on Claimant’s action.

10. On February 13, 2019, PG&E notified Feneis in an email that stated, “Given PG&E’s 

bankruptcy proceeding, PG&E cannot participate in the mediation in good faith. As such, we will 

need to cancel the mediation.”

11. Accordingly, Feneis and PG&E cannot engage in mediation in good faith until Feneis is 

granted relief from the Automatic Stay.

I declare under penalty of perjury under the laws of the State of California that the 

foregoing is true and correct of my own personal knowledge and as to such matters, I am informed 

and believe that they are true and correct.

Executed on December 26, 2019 at San Francisco, California

Case: 19-30088 Doc# 5207-3 Filed: 12/26/19 Entered: 12/26/19 16:55:40 Page 2

of 3
DECLARATION OF YOSEF PERETZ IN SUPPORT OF CARA FENEIS’ MOTION FOR RELIEF FROM THE AUTOMATIC STAY

- 3 - 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

 __________________ 

Yosef Peretz

Case: 19-30088 Doc# 5207-3 Filed: 12/26/19 Entered: 12/26/19 16:55:40 Page 3

of 3