On January 02, 2020 a
Motion-Secondary
was filed
involving a dispute between
Isas, Juan,
and
Ritmo Latino Wireless Llc A New Jersey Limited Liability Company,
T-Mobile Usa Inc, A Delaware Corporation,
for Employment - Complex
in the District Court of San Bernardino County.
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Orlando Villalba (SBN 232165) r— :
SUPERIOR COURT OF CAUFCKNi/x
L t u p
Orlando.Vi!lalba@capstonelawyers.com COUNTY OF SAN BERNARDINC'
Helga Hakimi (SBN 257381) SAN $EQE\S!3R‘TBH\N,‘> D‘S'FRICT
Helga.Hakimi@capstonelawyers.com
Roxanna Tabatabaeepour (SBN 260187)
SEP 2 é.) ZUZZ
Roxanna.Taba@capst0nelawyers.c0m
Capstone Law APC
1875 Century Park East, Suite 1000
Los Angeles, California 90067
m ‘‘‘‘‘‘
”
"XL
{EW’SA
!E'
CE RVAI‘JTES. DFPUT"!
V. ..
Telephone: (310) 556-4811
Facsimile: (3 0) 943-0396
l
Attorneys for PlaintiffJuan Isas
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BERNARDINO
11
12
JUAN ISAS, as an aggrieved employee pursuant Case No.2 CIVDSZOOOOI 8
Act (“PAGA”),
to the Private Attorneys General
13
on behalf ofthe State ofCalifomia and other PAGA ENFORCEMENT ACTION
aggrieved employees,
[Assigned for all purposes to the Hon. David
14
Plaintiff, Cohn, Dept. $26]
15
vs. DECLARATION OF HELGA HAKIMI IN
16
SUPPORT OF PLAINTIFF’ OPPOSITION
RITMO LATINO WIRELESS LLC, aNew T0 DEFENDANT’S RENEWED MOTION
17
Jersey limited liability company; T-MOBILE TO COMPEL ARBITRATION
USA, INC., a Delaware corporation; and DOES
l through 10,inclusive, [Filed concurrently herewith:
18
(i) Plaintiff‘s Opposition to Defendant’s
Defendants. Renewed Motion to Compel Arbitration
19
(ii) Declaration ofJuan Isas In
Support Thereof
20
(iii) Request for Judicial Notice
Plaintiff‘s in
Support Thereof]
21
Date: September 29, 2022
22
Time: 10:00 a.m.
Dept: $26
23
Complaint Filed: January 2, 2020
24
Trial Date: None Set
25
26
27
1
28
DECLARATION OF HELGA HAKIMI IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S
MOTION TO COMPEL ARBITRATION
BY FAX
DECLARATION OF HELGA HAKIMI
I, Helga Hakimi, hereby declare as follows:
1. I am an attorney licensed t0 practice before all courts ofthe State of California. [ am an
attorney at Capstone Law APC, counsel for PlaintifiJuan [sas (“[sas"). Unless otherwise indicated. I have
personal knowledge ofthe following facts based 0n my personal knowledge, or on information with which
l was provided and reviewed and, ifcalled as a witness, I could and would testify competently t0 such facts
under oath. I make this Declaration in support 0f Plaintiff’s Opposition t0 Defendant Ritmo Latino
Wireless LLC’s (“Defendant’s”) Motion t0 Compel Arbitration.
2. Plaintiff filed the instant Complaint pursuant t0 the Private Attorneys General Act (“PAGA
10 Complaint”) on January 2, 2020.
11 3. On October 8, 2020, Plaintifi‘propounded his first set ofwn'tten discovery requests
12 consisting of Special Interrogatories and Requests for Production 0f Documents on Defendant.
13 4. On February 1 1, 202 1 Defendant served responses t0
,
Plaintiff’s first set ofdiscovery
14 requests.
15 5. Plaintifi’s counsel thereafier engaged in numerous meet and confer efforts (both by
16 telephone and written communications) with Defendant’s counsel De Castro Law Group, P.C. and
17 specifically with Defendant’s attorney Jose-Manuel A. de Castro regarding the deficiencies in Defendant’s
18 responses to Plaintiff s first set of discovery requests, and the Parties agreed to enter into a stipulation for a
19 protective order and commence a Belaire-West privacy notice process in order to address Defendant’s
20 privacy objections to Plaintifi‘ s discovery requests.
21 6. On or about March 22, 2021, Plaintiff’s counsel e-mailed a drafi ofthe stipulation and
22 protective order as well as a drafi ofthe privacy notice to Defendant’s counsel, and engaged in fin'ther
23 telephonic and written meet and confer efforts, including on March 25, 2021 and March 29, 2021, with
24 Defendant’s counsel regarding the outstanding discovery issues..
25 7. In early April 2021 , Defendant agreed to set an early mediation in lieu ofcontinuing with
26 the formal discovery; on April 6, 2021 Plaintiff’s counsel emailed Defendant’s counsel a proposed list 0f
27 mediators; and the Parties thereafier agreed to schedule mediation with Honorable Judge Carl J . West for
28 January 10, 2022.
2
DECLARATION OF HELGA HAKIMI IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S
MOTION TO COMPEL ARBITRATION
Document Filed Date
September 20, 2022
Case Filing Date
January 02, 2020
Category
Employment - Complex
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Orlando Villalba (SBN 232165) r— : SUPERIOR COURT OF CAUFCKNi/x L t u p Orlando.Vi!lalba@capstonelawyers.com COUNTY OF SAN BERNARDINC' Helga Hakimi (SBN 257381) SAN $EQE\S!3R‘TBH\N,‘> D‘S'FRICT Helga.Hakimi@capstonelawyers.com Roxanna Tabatabaeepour (SBN 260187) SEP 2 é.) ZUZZ Roxanna.Taba@capst0nelawyers.c0m Capstone Law APC 1875 Century Park East, Suite 1000 Los Angeles, California 90067 m ‘‘‘‘‘‘ ” "XL {EW’SA !E' CE RVAI‘JTES. DFPUT"! V. .. Telephone: (310) 556-4811 Facsimile: (3 0) 943-0396 l Attorneys for PlaintiffJuan Isas SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF BERNARDINO 11 12 JUAN ISAS, as an aggrieved employee pursuant Case No.2 CIVDSZOOOOI 8 Act (“PAGA”), to the Private Attorneys General 13 on behalf ofthe State ofCalifomia and other PAGA ENFORCEMENT ACTION aggrieved employees, [Assigned for all purposes to the Hon. David 14 Plaintiff, Cohn, Dept. $26] 15 vs. DECLARATION OF HELGA HAKIMI IN 16 SUPPORT OF PLAINTIFF’ OPPOSITION RITMO LATINO WIRELESS LLC, aNew T0 DEFENDANT’S RENEWED MOTION 17 Jersey limited liability company; T-MOBILE TO COMPEL ARBITRATION USA, INC., a Delaware corporation; and DOES l through 10,inclusive, [Filed concurrently herewith: 18 (i) Plaintiff‘s Opposition to Defendant’s Defendants. Renewed Motion to Compel Arbitration 19 (ii) Declaration ofJuan Isas In Support Thereof 20 (iii) Request for Judicial Notice Plaintiff‘s in Support Thereof] 21 Date: September 29, 2022 22 Time: 10:00 a.m. Dept: $26 23 Complaint Filed: January 2, 2020 24 Trial Date: None Set 25 26 27 1 28 DECLARATION OF HELGA HAKIMI IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL ARBITRATION BY FAX DECLARATION OF HELGA HAKIMI I, Helga Hakimi, hereby declare as follows: 1. I am an attorney licensed t0 practice before all courts ofthe State of California. [ am an attorney at Capstone Law APC, counsel for PlaintifiJuan [sas (“[sas"). Unless otherwise indicated. I have personal knowledge ofthe following facts based 0n my personal knowledge, or on information with which l was provided and reviewed and, ifcalled as a witness, I could and would testify competently t0 such facts under oath. I make this Declaration in support 0f Plaintiff’s Opposition t0 Defendant Ritmo Latino Wireless LLC’s (“Defendant’s”) Motion t0 Compel Arbitration. 2. Plaintiff filed the instant Complaint pursuant t0 the Private Attorneys General Act (“PAGA 10 Complaint”) on January 2, 2020. 11 3. On October 8, 2020, Plaintifi‘propounded his first set ofwn'tten discovery requests 12 consisting of Special Interrogatories and Requests for Production 0f Documents on Defendant. 13 4. On February 1 1, 202 1 Defendant served responses t0 , Plaintiff’s first set ofdiscovery 14 requests. 15 5. Plaintifi’s counsel thereafier engaged in numerous meet and confer efforts (both by 16 telephone and written communications) with Defendant’s counsel De Castro Law Group, P.C. and 17 specifically with Defendant’s attorney Jose-Manuel A. de Castro regarding the deficiencies in Defendant’s 18 responses to Plaintiff s first set of discovery requests, and the Parties agreed to enter into a stipulation for a 19 protective order and commence a Belaire-West privacy notice process in order to address Defendant’s 20 privacy objections to Plaintifi‘ s discovery requests. 21 6. On or about March 22, 2021, Plaintiff’s counsel e-mailed a drafi ofthe stipulation and 22 protective order as well as a drafi ofthe privacy notice to Defendant’s counsel, and engaged in fin'ther 23 telephonic and written meet and confer efforts, including on March 25, 2021 and March 29, 2021, with 24 Defendant’s counsel regarding the outstanding discovery issues.. 25 7. In early April 2021 , Defendant agreed to set an early mediation in lieu ofcontinuing with 26 the formal discovery; on April 6, 2021 Plaintiff’s counsel emailed Defendant’s counsel a proposed list 0f 27 mediators; and the Parties thereafier agreed to schedule mediation with Honorable Judge Carl J . West for 28 January 10, 2022. 2 DECLARATION OF HELGA HAKIMI IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL ARBITRATION