On November 24, 2020 a
Stipulation,Agreement
was filed
involving a dispute between
Jose Delgadillo And Brenda Becerra,
and
Does 1 Through 100,
Koulax Enterprises,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
Preview
Ryan J.Kohler, Esq. (State Bar No. 240047)
Allison R. Bracy, Esq. (State Bar N0. 235927) F LED I
COLLINS + COLLINS LLP s‘éfifl 893m OF “WORN"
790 E. Colorado Boulevard, Suite 600 SAN BERNARWnggrgrfiéNro
Pasadena, CA 91101
OCT 1 4 2022
(626) 243-1100 — FAX (626) 243-1111
Email: rkohler@ccllp.law
BY
Email: abracy@ccllp.law
AEL HERNAND ,DEpmy
DEFENDANT
Attorneys for
KOULAX ENTERPRISES,
KOWNON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — CENTRAL DISTRICT
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JOSE DELGADILLO and BRENDA CASE NO. CIVSB2026561
11 BECERRA, 0n behalf of themselves and all [Assigned to Hon. David Cohn, Dept. S26]
others similarly situated,
12 STIPULATION To STAY ACTION
13
vs.
Plaintiffs, PENDING DEFENDANT'S MOTION To
COMPEL ARBITRATION;
ORDER THEREON
[m1
14 vvvvvvvvvvvvvv
15 KOULAX ENTERPRISES, a domestic
corporation; and DOES 1 through 100, Complaint Filed: 11/24/2020
16 inclusive, Trial Date: 10/3 1/2022
17 Defendants.
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STIPULATION TO STAY ACTION PENDING DEFENDANT'S MOTION TO COMPEL ARBITRATION
Plaintiffs Jose Delgadillo and Brenda Becerra (“Plaintiffs”) and Defendant Koulax
Enterprises, Inc. (“Defendant”) (collectively, “the Parties”), by and through their undersigned
counsel, hereby enter into the following stipulation with reference to the following facts:
WHEREAS, Plaintiffs filed this case as a class action on November 24, 2020 for unpaid
wages and overtime and meal and rest period Violations. The class claims have since been
dismissed.
WHEREAS, Plaintiffs are former managers at Tommy’s Burgers restaurants operated by
\OWQG
Defendant, and they allege that Defendant misclassified them as exempt instead of as non-
exempt hourly workers entitled to overtime pay;
10 WHEREAS, this matter is set for trial on October 3 1 , 2022;
11 WHEREAS, Defendant has filed a motion £0 compel arbitration 0f Plaintiffs’ claims.
12 Said motion is not set to be heard until January 4, 2023, the earliest available motion date; and
13 WHEREAS, Pursuant to California Code 0f Civil Procedure Section 1281.4, a stay 0f all
14 further proceedings in the instant action is mandatory until after the resolution 0f Defendant's
15 motion to compel arbitration.
16 NOW THEREFORE, based on the foregoing facts, IT IS HEREBY STIPULATED, by
17 and between the Parties, through their attorneys of record as follows:
18 1. Further proceedings in this Action, other than proceedings related t0 the pending
19 Motion to Compel Arbitration are to be stayed pending the court's decision on the Motion t0
20 Compel Arbitration;
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2. The Trial date currently set for October 3 1 2022 will be vacated and
, shall be reset
if and when the Motion to Compel Arbitration is denied;
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3. The Trial Readiness Conference set for October 27, 2022 will be vacated and
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shall be reset if and when the Motion to Compel Arbitration is denied; and
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4. All other statutory dates, including any motion deadlines and the discovery cut-off
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dates, shall be continued and based on the new trial date if arbitration is not compelled, as if it
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were the initial trial date in this action.
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STIPULATION TO STAY ACTION PENDING DEFENDANT'S MOTION TO COMPEL ARBITRATION
Document Filed Date
October 14, 2022
Case Filing Date
November 24, 2020
Category
Complex Civil Unlimited
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Ryan J.Kohler, Esq. (State Bar No. 240047) Allison R. Bracy, Esq. (State Bar N0. 235927) F LED I COLLINS + COLLINS LLP s‘éfifl 893m OF “WORN" 790 E. Colorado Boulevard, Suite 600 SAN BERNARWnggrgrfiéNro Pasadena, CA 91101 OCT 1 4 2022 (626) 243-1100 — FAX (626) 243-1111 Email: rkohler@ccllp.law BY Email: abracy@ccllp.law AEL HERNAND ,DEpmy DEFENDANT Attorneys for KOULAX ENTERPRISES, KOWNON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — CENTRAL DISTRICT 10 JOSE DELGADILLO and BRENDA CASE NO. CIVSB2026561 11 BECERRA, 0n behalf of themselves and all [Assigned to Hon. David Cohn, Dept. S26] others similarly situated, 12 STIPULATION To STAY ACTION 13 vs. Plaintiffs, PENDING DEFENDANT'S MOTION To COMPEL ARBITRATION; ORDER THEREON [m1 14 vvvvvvvvvvvvvv 15 KOULAX ENTERPRISES, a domestic corporation; and DOES 1 through 100, Complaint Filed: 11/24/2020 16 inclusive, Trial Date: 10/3 1/2022 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO STAY ACTION PENDING DEFENDANT'S MOTION TO COMPEL ARBITRATION Plaintiffs Jose Delgadillo and Brenda Becerra (“Plaintiffs”) and Defendant Koulax Enterprises, Inc. (“Defendant”) (collectively, “the Parties”), by and through their undersigned counsel, hereby enter into the following stipulation with reference to the following facts: WHEREAS, Plaintiffs filed this case as a class action on November 24, 2020 for unpaid wages and overtime and meal and rest period Violations. The class claims have since been dismissed. WHEREAS, Plaintiffs are former managers at Tommy’s Burgers restaurants operated by \OWQG Defendant, and they allege that Defendant misclassified them as exempt instead of as non- exempt hourly workers entitled to overtime pay; 10 WHEREAS, this matter is set for trial on October 3 1 , 2022; 11 WHEREAS, Defendant has filed a motion £0 compel arbitration 0f Plaintiffs’ claims. 12 Said motion is not set to be heard until January 4, 2023, the earliest available motion date; and 13 WHEREAS, Pursuant to California Code 0f Civil Procedure Section 1281.4, a stay 0f all 14 further proceedings in the instant action is mandatory until after the resolution 0f Defendant's 15 motion to compel arbitration. 16 NOW THEREFORE, based on the foregoing facts, IT IS HEREBY STIPULATED, by 17 and between the Parties, through their attorneys of record as follows: 18 1. Further proceedings in this Action, other than proceedings related t0 the pending 19 Motion to Compel Arbitration are to be stayed pending the court's decision on the Motion t0 20 Compel Arbitration; 21 2. The Trial date currently set for October 3 1 2022 will be vacated and , shall be reset if and when the Motion to Compel Arbitration is denied; 22 3. The Trial Readiness Conference set for October 27, 2022 will be vacated and 23 shall be reset if and when the Motion to Compel Arbitration is denied; and 24 4. All other statutory dates, including any motion deadlines and the discovery cut-off 25 dates, shall be continued and based on the new trial date if arbitration is not compelled, as if it 26 were the initial trial date in this action. 27 28 2 STIPULATION TO STAY ACTION PENDING DEFENDANT'S MOTION TO COMPEL ARBITRATION