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RYAN H. CROSNER, CA Bar N0. 278418
ryan.crosner@ogletree.com
CHIGOZIRI J. IBECHEM, CA Bar N0. 339744
chigoziri.ibechem@ogletree.com
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071 ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
Telephone: 213-239-9800 COUNTY OF SAN BERNARDINO
Facsimile: 213-239-9045 SAN BERNARDINO DISTRICT
BRIANA LaBRIOLA, CA Bar No. 293548 12/6/2023 1:06 PM
briana.labriola@ogletree.com
By: Leslie Zepeda, DEPUTY
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
10 Telephone: 213-239-9800
Facsimile: 213-239-9045
11
Attorneys for Defendants
12 MERIT ALUMINUM FOUNDRY INC. and
MERIT ALUMINUM INC.
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
FOR THE COUNTY OF SAN BERNARDINO
15
RALPH FRANCISCO TORRES, individually Case No. CIVSB 23 12543
16 and on behalf 0f all others similarly situated,
Assigned for all purposes to
17 Plaintiff, The Honorable David S. Cohn, Dept. S
18 vs. DECLARATION OF BRIANA LABRIOLA
IN SUPPORT OF DEFENDANTS’
19 MERIT ALUMINUM FOUNDRY INC; MOTION TO COMPEL ARBITRATION
MERIT ALUMINUM INC; and DOES 1
20 through 20, inclusive
Date: February 6, 2024
21 Defendants. Time: 8:30 am.
Place: Dept. S-26
22
23 [Filed Concurrently with Notice ofMotion and
Motion t0 Compel Arbitration; Declaration 0f
24 Cecilia Ibarra; and Declaration ofArianna
Hernandez]
25
Action Filed: June 8, 2023
26 Trial Date: None
27
28
1
DECLARATION OF BRIANA LABRIOLA IN SUPPORT OF MOTION TO COMPEL ARBITRATION
DECLARATION OF BRIANA LABRIOLA
I, Briana LaBriola declare as follows:
1. I am an attorney duly licensed t0 practice law before all of the Courts for the State 0f
California. I am an Associate in the law firm of Ogletree, Deakins, Nash, Smoak & Stewart P.C.
(“Ogletree Deakins”), counsel of record for Defendants Merit Aluminum Foundry, Inc. and Merit
Aluminum, Inc. (“Defendants”). Ihave personal knowledge 0fthe facts set forth below and, if called
and sworn as a Witness, I could and would competently testify to the same. The following is based
upon either my personal experience or upon the records maintained by our office and, if called as a
witness, I could and would testify competently thereto.
10 2. On August 23, 2023, my office sent Plaintiff Francisco Torres’s (“Plaintiff’)
11 counsel a draft Joint Report, which advised that Plaintiff s state court action was improper because
12 Plaintiff signed a valid and enforceable arbitration agreement. Attached as Exhibit A is a true and
13 correct copy 0f the August 23, 2023, email and the attached draft Joint Report.
14 3. On September 13, 2023, my office sent an email to Plaintiff’s counsel attaching a
15 copy of the arbitration agreement that Plaintiff signed while employed by Merit Aluminum Foundry,
16 Inc. Attached as Exhibit B is a true and correct copy 0f the September 2023 Email Exchange.
17 4. On September 14, 2023, counsel for both Parties attended a Case Management
18 Conference. My office advised the Court that Plaintiff was bound by an enforceable arbitration
19 agreement. Thus, the Court set a hearing for a Motion to Compel Arbitration for December 21, 2023
20 and related briefing schedule, setting Defendant’s deadline to file its Motion by November 29, 2023.
21 5. On October 26, 2023, my office sent an email to Plaintiff’s counsel, requesting that
22 Plaintiff submit his claims to arbitration. That same day, Plaintiff’s counsel replied t0 this email
23 advising that they would not consider submitting Plaintiffs claims to arbitration until Defendants
24 produced its employee handbook applicable t0 Plaintiff’s employment. Attached as Exhibit C is a
25 true and correct copy of the October 2023 Email Exchange.
26 6. T0 date, Plaintiff has not agreed t0 submit his claims to arbitration.
27 7. On November 29, 2023, my office timely filed a Motion t0 Compel Arbitration based
28 0n the December 21, 2023 Motion to Compel Arbitration Hearing set by the Court at the September
2
DECLARATION OF BRIANA LABRIOLA IN SUPPORT OF MOTION TO COMPEL ARBITRATION
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RYAN H. CROSNER, CA Bar N0. 278418 ryan.crosner@ogletree.com CHIGOZIRI J. IBECHEM, CA Bar N0. 339744 chigoziri.ibechem@ogletree.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA Telephone: 213-239-9800 COUNTY OF SAN BERNARDINO Facsimile: 213-239-9045 SAN BERNARDINO DISTRICT BRIANA LaBRIOLA, CA Bar No. 293548 12/6/2023 1:06 PM briana.labriola@ogletree.com By: Leslie Zepeda, DEPUTY OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 10 Telephone: 213-239-9800 Facsimile: 213-239-9045 11 Attorneys for Defendants 12 MERIT ALUMINUM FOUNDRY INC. and MERIT ALUMINUM INC. 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SAN BERNARDINO 15 RALPH FRANCISCO TORRES, individually Case No. CIVSB 23 12543 16 and on behalf 0f all others similarly situated, Assigned for all purposes to 17 Plaintiff, The Honorable David S. Cohn, Dept. S 18 vs. DECLARATION OF BRIANA LABRIOLA IN SUPPORT OF DEFENDANTS’ 19 MERIT ALUMINUM FOUNDRY INC; MOTION TO COMPEL ARBITRATION MERIT ALUMINUM INC; and DOES 1 20 through 20, inclusive Date: February 6, 2024 21 Defendants. Time: 8:30 am. Place: Dept. S-26 22 23 [Filed Concurrently with Notice ofMotion and Motion t0 Compel Arbitration; Declaration 0f 24 Cecilia Ibarra; and Declaration ofArianna Hernandez] 25 Action Filed: June 8, 2023 26 Trial Date: None 27 28 1 DECLARATION OF BRIANA LABRIOLA IN SUPPORT OF MOTION TO COMPEL ARBITRATION DECLARATION OF BRIANA LABRIOLA I, Briana LaBriola declare as follows: 1. I am an attorney duly licensed t0 practice law before all of the Courts for the State 0f California. I am an Associate in the law firm of Ogletree, Deakins, Nash, Smoak & Stewart P.C. (“Ogletree Deakins”), counsel of record for Defendants Merit Aluminum Foundry, Inc. and Merit Aluminum, Inc. (“Defendants”). Ihave personal knowledge 0fthe facts set forth below and, if called and sworn as a Witness, I could and would competently testify to the same. The following is based upon either my personal experience or upon the records maintained by our office and, if called as a witness, I could and would testify competently thereto. 10 2. On August 23, 2023, my office sent Plaintiff Francisco Torres’s (“Plaintiff’) 11 counsel a draft Joint Report, which advised that Plaintiff s state court action was improper because 12 Plaintiff signed a valid and enforceable arbitration agreement. Attached as Exhibit A is a true and 13 correct copy 0f the August 23, 2023, email and the attached draft Joint Report. 14 3. On September 13, 2023, my office sent an email to Plaintiff’s counsel attaching a 15 copy of the arbitration agreement that Plaintiff signed while employed by Merit Aluminum Foundry, 16 Inc. Attached as Exhibit B is a true and correct copy 0f the September 2023 Email Exchange. 17 4. On September 14, 2023, counsel for both Parties attended a Case Management 18 Conference. My office advised the Court that Plaintiff was bound by an enforceable arbitration 19 agreement. Thus, the Court set a hearing for a Motion to Compel Arbitration for December 21, 2023 20 and related briefing schedule, setting Defendant’s deadline to file its Motion by November 29, 2023. 21 5. On October 26, 2023, my office sent an email to Plaintiff’s counsel, requesting that 22 Plaintiff submit his claims to arbitration. That same day, Plaintiff’s counsel replied t0 this email 23 advising that they would not consider submitting Plaintiffs claims to arbitration until Defendants 24 produced its employee handbook applicable t0 Plaintiff’s employment. Attached as Exhibit C is a 25 true and correct copy of the October 2023 Email Exchange. 26 6. T0 date, Plaintiff has not agreed t0 submit his claims to arbitration. 27 7. On November 29, 2023, my office timely filed a Motion t0 Compel Arbitration based 28 0n the December 21, 2023 Motion to Compel Arbitration Hearing set by the Court at the September 2 DECLARATION OF BRIANA LABRIOLA IN SUPPORT OF MOTION TO COMPEL ARBITRATION