On March 01, 2019 a
Party Statement
was filed
involving a dispute between
Ramirez, Joe,
and
Apex Logistics, Llca California Limited Liability Company,
Class 8 Truck Repair, Llc A California Limited Liability Company,
Hartwick And Hand Llc A Nevada Limited Liability Company,
Hartwick & Hand, Inc A California Corporation,
Ramirez, Joe,
for Employment-Other-Complex
in the District Court of San Bernardino County.
Preview
FI 3
ERlOR COURT OF CAIIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARL tNO DISTRICT
1 Spencer C Skeen CA Bar No 182216 0 201
spencer skeen@ogletree com
2 Tinn L 3ohnson CA Bar No 2b5794 y
tim johnson@ogletree com
MAYE MAF TINEZ PUTY
3 Jesse C Fezran tella CA Bar No 2 7 9 1 3 l
jesse ferrantella@ogietree com
4 UGLETREE DEAKINS NASH SMUAK STEWART P C
4370 La Jolla Village Drive Suzte 990
5 San Diego CA 92122
Telephane 8 S 8 b52 3100
6 Facsimile 858 b52 3101
7 Attorneys for Defendants HARTWICK AND HAND LLC
x
HARTWICK HAND iNC APEX LOGISTICS LLC and
8 CLASS TRUCK REPAIR LLC
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
1 FOR THE ClJUNTY OF SAN BERNARDINO
M
W
11
12 JOE RAMT EZ on behalf of himself and all Case No CIVD51906586
other similarly situated non exempt former and
13 current employees Assigned for atl piuposes to The Hanarable
David Cohn Dept 526
14 Plaintiff
DECLARATION OF JESSE C
15 vs FERRANTELLA IN SUPPORT OF
DEFENDANTS MOTION TtJ COMPEL
16 HARTWICK AND HAND LLC a Nevada INDIVl DUAL ARBITRATTON DTSMISS
Limited Liability Coznpany HARTWICK CLASS CLAIMS AND STAY NON
17 HAND INC a Califarnia Corporation APEX ARBITRABLE CLAIMS
LOGISTTCS LLC a California Limited
18 Liability Company CLA5S 8 TRUCK REPAIR Date July 24 2019
LLC a California Limited Liability Company Ti ne 8 30 a m
l4 and DOES 1 through 10 inclusive Dept S26
20 Defendants Actian Filed March l 2019
Trial Date None Set
21
22
23
24
25
26
79095E78 I docx 2
26
DECLARATION OF JESSE C FERRANTELLA 1N SUPPORT OF DEFENDANTS MOTION TO COMPEL
INDIYIDUt1L ARBITRATION DISMISS CLASS CLAIMS AND STAY NON ARBITRABLE CLAIMS
t i
1 I Jesse C Ferrantella declare
2 1 I am an attorney at law duly authorized tc practice before his Court and all courts in
3 the State of California I am associate of the law firrn 4gletree I eakins Nash moak Stewart
4 P C counsel of record for I7efendants in the above referenced action I have personal knowledge
5 of the matters stated in this declaratian and if called upon as a witness I could and would
6 campetently testi y to the followin
7 2 Attached to the Motion as Exhibit 2 is a true and accurate copy of Plaintiff s
8 Complaint in this action which was filed on ar abouC February 20 2019
9 3 I am informed and believe that there are no actions pending with third parties arising
10 out afthe same transactians as this action
11 4 On or about Apri129 2019 I emailed counsel for Plaintiff and asked if they wt uld
12 stipulate ta arbitration of Plaintiff s claims on an individual basis I attached the applicable
13 arbitration agreement ased on follow up rneet and canfer discussions held with counsel for
14 Plaintiff I understand that Plaintiff intends to oppose a mation to compel arbitration
15 I declare under penalty of perjury under the laws of the State of California and the United
16 States of America that the foregoing is true and correct
17 Executed an July l 20I9 in San Diegc California
1
ls
zo
Jesse C Ferrantella
1
22
23
39095178 1
39fl45478 I docx G t
O
1
DECLARATION OF JESSE C FERRANTELLA IN SUPPORT C F DE ENDANTS MOTION T 0 COMPEL
fNDCY1DLJAL ARBITRATION T ISMISS CLASS CL AIMS AND NON AR ITRABLE CLAIMS
Document Filed Date
July 02, 2019
Case Filing Date
March 01, 2019
Category
Employment-Other-Complex
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FI 3 ERlOR COURT OF CAIIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARL tNO DISTRICT 1 Spencer C Skeen CA Bar No 182216 0 201 spencer skeen@ogletree com 2 Tinn L 3ohnson CA Bar No 2b5794 y tim johnson@ogletree com MAYE MAF TINEZ PUTY 3 Jesse C Fezran tella CA Bar No 2 7 9 1 3 l jesse ferrantella@ogietree com 4 UGLETREE DEAKINS NASH SMUAK STEWART P C 4370 La Jolla Village Drive Suzte 990 5 San Diego CA 92122 Telephane 8 S 8 b52 3100 6 Facsimile 858 b52 3101 7 Attorneys for Defendants HARTWICK AND HAND LLC x HARTWICK HAND iNC APEX LOGISTICS LLC and 8 CLASS TRUCK REPAIR LLC 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 FOR THE ClJUNTY OF SAN BERNARDINO M W 11 12 JOE RAMT EZ on behalf of himself and all Case No CIVD51906586 other similarly situated non exempt former and 13 current employees Assigned for atl piuposes to The Hanarable David Cohn Dept 526 14 Plaintiff DECLARATION OF JESSE C 15 vs FERRANTELLA IN SUPPORT OF DEFENDANTS MOTION TtJ COMPEL 16 HARTWICK AND HAND LLC a Nevada INDIVl DUAL ARBITRATTON DTSMISS Limited Liability Coznpany HARTWICK CLASS CLAIMS AND STAY NON 17 HAND INC a Califarnia Corporation APEX ARBITRABLE CLAIMS LOGISTTCS LLC a California Limited 18 Liability Company CLA5S 8 TRUCK REPAIR Date July 24 2019 LLC a California Limited Liability Company Ti ne 8 30 a m l4 and DOES 1 through 10 inclusive Dept S26 20 Defendants Actian Filed March l 2019 Trial Date None Set 21 22 23 24 25 26 79095E78 I docx 2 26 DECLARATION OF JESSE C FERRANTELLA 1N SUPPORT OF DEFENDANTS MOTION TO COMPEL INDIYIDUt1L ARBITRATION DISMISS CLASS CLAIMS AND STAY NON ARBITRABLE CLAIMS t i 1 I Jesse C Ferrantella declare 2 1 I am an attorney at law duly authorized tc practice before his Court and all courts in 3 the State of California I am associate of the law firrn 4gletree I eakins Nash moak Stewart 4 P C counsel of record for I7efendants in the above referenced action I have personal knowledge 5 of the matters stated in this declaratian and if called upon as a witness I could and would 6 campetently testi y to the followin 7 2 Attached to the Motion as Exhibit 2 is a true and accurate copy of Plaintiff s 8 Complaint in this action which was filed on ar abouC February 20 2019 9 3 I am informed and believe that there are no actions pending with third parties arising 10 out afthe same transactians as this action 11 4 On or about Apri129 2019 I emailed counsel for Plaintiff and asked if they wt uld 12 stipulate ta arbitration of Plaintiff s claims on an individual basis I attached the applicable 13 arbitration agreement ased on follow up rneet and canfer discussions held with counsel for 14 Plaintiff I understand that Plaintiff intends to oppose a mation to compel arbitration 15 I declare under penalty of perjury under the laws of the State of California and the United 16 States of America that the foregoing is true and correct 17 Executed an July l 20I9 in San Diegc California 1 ls zo Jesse C Ferrantella 1 22 23 39095178 1 39fl45478 I docx G t O 1 DECLARATION OF JESSE C FERRANTELLA IN SUPPORT C F DE ENDANTS MOTION T 0 COMPEL fNDCY1DLJAL ARBITRATION T ISMISS CLASS CL AIMS AND NON AR ITRABLE CLAIMS