Motion,Ex Parte: **COMPLEX-CLASS ACTION** Yarbrough v. Nationwide Moving Services Inc., et al. Print

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                                DANIEL W. WATKINS, ESQ. [CSB No. 128849]
     BRITTANY SALAMIN, ESQ. (SBN 326556)
     THE WATKINS FIRM, APC
     9915 Mira Mesa Boulevard, Suite 130
     San Diego, California 92 1 31
     (858) 535-1511 [Telephone]
     (858) 535-1581 [Facsimile]
     bsalamin@watkinsfirm.com
     Attorneys for Defendant Nationwide         Moving      Services, Inc.




                                       SUPERIOR COURT OF CALIFORNIA
                           COUNTY OF SAN BERNARDINO, COMPLEX CIVIL
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11   JIMMY YARBROUGH,               individually and   0n         Case N0.: CIVSB23091 12
     behalf of all others similarly situated,
12                                                                SPECIALLY APPEARING DEFENDANT
                          Plaintiff,                              NATIONWIDE MOVING SERVICES,
13                                                                INC.’S NOTICE OF MOTION AND
                   V.                                             MOTION TO DISMISS ACTION FOR
14                                                                FORUM NON CONVENIENS;
     NATIONWIDE MOVING SERVICES,                  INC.,           MEMORANDUM OF POINTS AND
15   and DOES 1 through 10 inclusive,                             AUTHORITIES IN SUPPORT THEREOF
16                       Defendants.                              Hearing Date: 11/21/2023
                                                                  Hearing Time: 8:30am
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                                                                  Judge:           Hon. Joseph T. Ortiz
18                                                                Dept:            S17
                                                                  Action Filed:    5/ 1 1/2023
19                                                                Trial Date:      Unassigned

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               TO PLAINTIFF JIMMY YARBROUGH AND HIS ATTORNEYS OF RECORD:
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               PLEASE TAKE NOTICE that on November 21, 2023,                      at   8:30   AM,   or as soon thereafter as
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                                                                                                         247 West   3rd Street,
     counsel   may be heard,   in   Department Sl7 of the above-entitled Court, located             at
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     San Bernardino, California 92415, the Specially Appearing Defendant Nationwide Moving Services,
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     Inc.,   (“Defendant”), pursuant to    CCP   § 418.10(a)(2), will        and does hereby move          this   Court for an
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     order dismissing the Complaint or in the alternative staying this action forforum non conveniens.
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     //

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             SPECIALLY APPEARING DFT NATIONWIDE MOVING SERVICES,                       INC.’S   MOTION TO DISMISS
                    This motion      is   made on the following     grounds:


                    (1) Plaintiff    Jimmy Yarbrough          (“Plaintiff”)   consented t0 the terms of the Contract and             is


                          therefore subj ect to the mandatory       forum selection clause providing exclusive jurisdiction

 A                        to   Palm Beach County, Florida        as the appropriate       forum   for this action;   and alternatively

                    (2)   Applying the Stangvik factors, the balance of public and private                  interests   overwhelmingly

                          weighs in favor of Florida         jurisdiction,    making California a          substantially inconvenient

 \OOOQONUI

                          forum.

                    This Motion      is   based on   this   Notice of Motion, the accompanying               Memorandum       0f Points

             and Authorities, the accompanying declaration of Frank Lucido, the Request for Judicial Notice, the

10           pleadings, records, and files in this action, and such other pleadings, evidence, and oral argument as

11           may be presented prior 0r at the hearing         of this Motion.

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13                                                                     THE WATKINS FIRM, APC
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15           DATED;       October   10,   2023
                                                                      Kzéz        -
                                                                                      K
                                                                                              -4./\         '—
                                                                       Danie’i Watkins, Esq.
16                                                                     Brittany Salamin, Esq.
                                                                       Attorneys for Defendant          CROSS COUNTRY
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                                                                       MOVING GROUP, INC.
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                  SPECIALLY APPEARING DFT NATIONWIDE MOVING SERVICES,                             INC.’S   MOTION TO DISMISS