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1 ALDEN J. PARKER, SBN 196808
Email: aparker@fisherphillips.com
2 DREW M. TATE, SBN 312219
Email: dtate@fisherphillips.com Electronically Filed
3 FISHER & PHILLIPS LLP 1/5/2021 4:53 PM
621 Capitol Mall, Suite 1400 Superior Court of California
4 Sacramento, California 95814 County of Stanislaus
Telephone: (916) 210-0400 Clerk of the Court
5 Facsimile: (916) 210-0401
By: Christine Zulim, Deputy
6 Attorneys for Defendant
BELKORP AG, LLC
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF STANISLAUS
10
11 IGNACIO ENRIQUEZ, an individual, CASE NO.: CV-20-003162
[Unlimited Jurisdiction]
12 Plaintiff,
Assigned for all purposes to the
13 v. Honorable Sonny S. Sandhu, Dept. 24
14 BELKORP AG, LLC, a Delaware limited DEFENDANT BELKORP AG, LLC’S
liability company; and DOES 1 through 50, NOTICE OF NON-OPPOSITION TO
15 inclusive, MOTION TO COMPEL ARBITRATION IN
LIEU OF FILING AN ANSWER
16 Defendants.
DATE: January 12, 2021
17 TIME: 8:30 a.m.
DEPT: 24
18
Complaint Filed: July 24, 2020
19 Trial Date: Not Set
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DEFENDANT BELKORP AG, LLC’S NOTICE OF NON-OPPOSITION TO MOTION TO COMPEL
ARBITRATION IN LIEU OF FILING AN ANSWER
FP 39532492.1
1 TO THE COURT, PLAINTIFF AND HIS ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on November 30, 2020, Defendant BELKORP AG, LLC
3 (“Defendant”) served its Motion to Compel Arbitration in Lieu of Filing an Answer (“Motion”).
4 WHEREAS, the hearing on Defendant’s Motion is currently scheduled for January 12, 2021 at
5 8:30 a.m. in Department 24, of the above-captioned Court, located at 801 10th Street, Modesto, CA
6 95354;
7 WHEREAS, Plaintiff IGNACIO ENRIQUEZ’s (“Plaintiff”) Opposition to Defendant’s Motion,
8 if any, was required to be filed and served by December 29, 2020;
9 WHEREAS, on or around December 28, 2020, Plaintiff’s counsel advised Defendant’s counsel
10 that Plaintiff would not be opposing Defendant’s Motion; and
11 Accordingly, Defendant respectfully requests the Court grant Defendant’s Motion in its entirety.
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13 DATE: January 5, 2021 FISHER & PHILLIPS LLP
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15 By: _____________________________________
ALDEN J. PARKER
16 DREW M. TATE
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DEFENDANT BELKORP AG, LLC’S NOTICE OF NON-OPPOSITION TO MOTION TO COMPEL
ARBITRATION IN LIEU OF FILING AN ANSWER
FP 39532492.1
1 PROOF OF SERVICE
(CCP § 1013(a) and 2015.5)
2
I, the undersigned, am at least 18 years old and not a party to this action. I am employed in the
3 County of Sacramento with the law offices of Fisher & Phillips LLP and itsbusiness address is 621
Capitol Mall, Suite 1400, Sacramento, California 95814.
4
On January 5, 2021, I served the foregoing document(s), DEFENDANT BELKORP AG,
5 LLC’S NOTICE OF NON-OPPOSITION TO MOTION TO COMPEL ARBITRATION IN LIEU
OF FILING AN ANSWER, on the person(s) listed below as follows:
6
7 David Yeremian Attorneys for Plaintiff
Natalie Haritoonian IGNACIO ENRIQUEZ
8 DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705 Facsimile: (818) 230-0308
9 Glendale, CA 91203 Emails: david@yeremianlaw.com
natalie@yeremianlaw.com
10
Walter Haines Attorneys for Plaintiff
11 UNITED EMPLOYEES LAW GROUP, PC IGNACIO ENRIQUEZ
5500 Bolsa Ave., Suite 201
12 Huntington Beach, CA 92649 Email: whaines@uelg.com
13 [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to the
person(s) whose address(es) are listed above and placed the envelope for collection and mailing,
14 following our ordinary business practices. I am readily familiar with this firm’s practice for
collecting and processing correspondence for mailing. On the same day that correspondence is
15 placed for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service in Sacramento, California, in a sealed envelope with postage fully
16 prepaid.
17 [by FAX] - Based on an agreement of the parties to accept service by fax transmission, I faxed
the document(s) to the person(s) at fax number(s) listed above from fax number (916) 210-0401.
18 The machine printed a record of the transmission, and no error was reported by the machine.
19 [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package
provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed
20 above. I placed the envelope or package for collection and overnight delivery at an office or a
regularly utilized drop box of the overnight carrier.
21
[by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties to accept
22 service by electronic transmission, I electronically served the document(s) to the person(s) at the
electronic service address(es) listed above.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
24 true and correct.
25 Executed January 5, 2021, at Sacramento, California.
26 Vicki Rathke By:
Print Name Signature
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PROOF OF SERVICE
FP 39532492.1
Preview
1 ALDEN J. PARKER, SBN 196808 Email: aparker@fisherphillips.com 2 DREW M. TATE, SBN 312219 Email: dtate@fisherphillips.com Electronically Filed 3 FISHER & PHILLIPS LLP 1/5/2021 4:53 PM 621 Capitol Mall, Suite 1400 Superior Court of California 4 Sacramento, California 95814 County of Stanislaus Telephone: (916) 210-0400 Clerk of the Court 5 Facsimile: (916) 210-0401 By: Christine Zulim, Deputy 6 Attorneys for Defendant BELKORP AG, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF STANISLAUS 10 11 IGNACIO ENRIQUEZ, an individual, CASE NO.: CV-20-003162 [Unlimited Jurisdiction] 12 Plaintiff, Assigned for all purposes to the 13 v. Honorable Sonny S. Sandhu, Dept. 24 14 BELKORP AG, LLC, a Delaware limited DEFENDANT BELKORP AG, LLC’S liability company; and DOES 1 through 50, NOTICE OF NON-OPPOSITION TO 15 inclusive, MOTION TO COMPEL ARBITRATION IN LIEU OF FILING AN ANSWER 16 Defendants. DATE: January 12, 2021 17 TIME: 8:30 a.m. DEPT: 24 18 Complaint Filed: July 24, 2020 19 Trial Date: Not Set 20 21 22 23 24 25 26 27 28 DEFENDANT BELKORP AG, LLC’S NOTICE OF NON-OPPOSITION TO MOTION TO COMPEL ARBITRATION IN LIEU OF FILING AN ANSWER FP 39532492.1 1 TO THE COURT, PLAINTIFF AND HIS ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on November 30, 2020, Defendant BELKORP AG, LLC 3 (“Defendant”) served its Motion to Compel Arbitration in Lieu of Filing an Answer (“Motion”). 4 WHEREAS, the hearing on Defendant’s Motion is currently scheduled for January 12, 2021 at 5 8:30 a.m. in Department 24, of the above-captioned Court, located at 801 10th Street, Modesto, CA 6 95354; 7 WHEREAS, Plaintiff IGNACIO ENRIQUEZ’s (“Plaintiff”) Opposition to Defendant’s Motion, 8 if any, was required to be filed and served by December 29, 2020; 9 WHEREAS, on or around December 28, 2020, Plaintiff’s counsel advised Defendant’s counsel 10 that Plaintiff would not be opposing Defendant’s Motion; and 11 Accordingly, Defendant respectfully requests the Court grant Defendant’s Motion in its entirety. 12 13 DATE: January 5, 2021 FISHER & PHILLIPS LLP 14 15 By: _____________________________________ ALDEN J. PARKER 16 DREW M. TATE 17 18 19 20 21 22 23 24 25 26 27 28 1 DEFENDANT BELKORP AG, LLC’S NOTICE OF NON-OPPOSITION TO MOTION TO COMPEL ARBITRATION IN LIEU OF FILING AN ANSWER FP 39532492.1 1 PROOF OF SERVICE (CCP § 1013(a) and 2015.5) 2 I, the undersigned, am at least 18 years old and not a party to this action. I am employed in the 3 County of Sacramento with the law offices of Fisher & Phillips LLP and itsbusiness address is 621 Capitol Mall, Suite 1400, Sacramento, California 95814. 4 On January 5, 2021, I served the foregoing document(s), DEFENDANT BELKORP AG, 5 LLC’S NOTICE OF NON-OPPOSITION TO MOTION TO COMPEL ARBITRATION IN LIEU OF FILING AN ANSWER, on the person(s) listed below as follows: 6 7 David Yeremian Attorneys for Plaintiff Natalie Haritoonian IGNACIO ENRIQUEZ 8 DAVID YEREMIAN & ASSOCIATES, INC. 535 N. Brand Blvd., Suite 705 Facsimile: (818) 230-0308 9 Glendale, CA 91203 Emails: david@yeremianlaw.com natalie@yeremianlaw.com 10 Walter Haines Attorneys for Plaintiff 11 UNITED EMPLOYEES LAW GROUP, PC IGNACIO ENRIQUEZ 5500 Bolsa Ave., Suite 201 12 Huntington Beach, CA 92649 Email: whaines@uelg.com 13 [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to the person(s) whose address(es) are listed above and placed the envelope for collection and mailing, 14 following our ordinary business practices. I am readily familiar with this firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is 15 placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in Sacramento, California, in a sealed envelope with postage fully 16 prepaid. 17 [by FAX] - Based on an agreement of the parties to accept service by fax transmission, I faxed the document(s) to the person(s) at fax number(s) listed above from fax number (916) 210-0401. 18 The machine printed a record of the transmission, and no error was reported by the machine. 19 [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed 20 above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight carrier. 21 [by ELECTRONIC SERVICE] - Based on a court order or an agreement of the parties to accept 22 service by electronic transmission, I electronically served the document(s) to the person(s) at the electronic service address(es) listed above. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is 24 true and correct. 25 Executed January 5, 2021, at Sacramento, California. 26 Vicki Rathke By: Print Name Signature 27 28 1 PROOF OF SERVICE FP 39532492.1