Preview
Electronically Filed
12/1/2020 12:06 PM
Superior Court of California
1 ALDEN J. PARKER, SBN 196808 County of Stanislaus
Email: aparker@fisherphillips.com Clerk of the Court
2 DREW M. TATE, SBN 312219 By: Mouang Saechao, Deputy
Email: dtate@fisherphillips.com
3 FISHER & PHILLIPS LLP $465 PAID
621 Capitol Mall, Suite 1400
4 Sacramento, California 95814
Telephone: (916) 210-0400
5 Facsimile: (916) 210-0401
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 MOTION AND MOTION TO
15 inclusive, 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 MOTION AND MOTION TO COMPEL
ARBITRATION IN LIEU OF FILING AN ANSWER
FP 39110849.2
1 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that, on January 12, 2021, at 8:30 a.m., or as soon thereafter as the
3 matter may be heard, in Department 24, of the above-captioned Court, located at 801 10th Street,
4 Modesto, CA 95354, Defendant BELKORP AG, LLC (“Defendant”), by and through its attorneys of
5 record, will move, and hereby does move, the Court for an Order compelling Plaintiff’s causes of action
6 to binding arbitration pursuant to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the California
7 Arbitration Act (Code Civ. Proc., § 1281, et seq.). Defendant’s Motion is made on the following grounds:
8 Plaintiff executed a valid, binding, and enforceable Arbitration Agreement during his employment with
9 Defendant. As such, Plaintiff’s claims must be compelled to binding arbitration. Defendant further
10 moves, and hereby does move, the Court for an Order dismissing this action or, in the alternative, staying
11 this action pending the completion of binding arbitration pursuant to Code of Civil Procedure
12 section 1281.4 and 9 U.S.C. section 3.
13 Defendant’s Motion is based on this Notice of Motion and Motion to Compel Arbitration In Lieu
14 of Filing an Answer, the attached Memorandum of Points and Authorities in support thereof, the
15 Declaration of Drew M. Tate and all exhibits attached thereto, and the Declaration of Patricia Smith and
16 all exhibits attached thereto, all of which are served and filed concurrently herewith. This Motion is also
17 based on the complete files and records on file in this action and such oral and documentary evidence as
18 may be presented at or before the hearing of this motion.
19 Pursuant to Local Rule 3.01(C), tentative rulings will be issued on law and motion matters the
20 Court day prior to the hearing date. Tentative rulings can be accessed on the Internet at www.stanct.org
21 after 1:30 p.m. Parties may request a hearing by calling the calendar line at (209) 530-3162 or the main
22 line at (209) 530-3100, prior to 4:00 p.m., or by e-mailing at civil.tentatives@stanct.org. E-mail requests
23 must be made prior to 4:00 p.m. and confirmed by return e-mail. If a party does not receive confirmation
24 e-mail from the clerk, the party must call (209) 530-3162 to request your hearing.
25 DATE: November 30, 2020 FISHER & PHILLIPS LLP
26
27 By: _____________________________________
ALDEN J. PARKER
28 DREW M. TATE
1
DEFENDANT BELKORP AG, LLC’S NOTICE OF MOTION AND MOTION TO COMPEL
ARBITRATION IN LIEU OF FILING AN ANSWER
FP 39110849.2
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 November 30, 2020, I served the foregoing document(s), DEFENDANT BELKORP AG,
5 LLC’S NOTICE OF MOTION AND 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 November 30, 2020, at Sacramento, California.
26 Vicki Rathke By:
Print Name Signature
27
28
1
PROOF OF SERVICE
FP 39110849.2
Preview
Electronically Filed 12/1/2020 12:06 PM Superior Court of California 1 ALDEN J. PARKER, SBN 196808 County of Stanislaus Email: aparker@fisherphillips.com Clerk of the Court 2 DREW M. TATE, SBN 312219 By: Mouang Saechao, Deputy Email: dtate@fisherphillips.com 3 FISHER & PHILLIPS LLP $465 PAID 621 Capitol Mall, Suite 1400 4 Sacramento, California 95814 Telephone: (916) 210-0400 5 Facsimile: (916) 210-0401 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 MOTION AND MOTION TO 15 inclusive, 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 MOTION AND MOTION TO COMPEL ARBITRATION IN LIEU OF FILING AN ANSWER FP 39110849.2 1 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that, on January 12, 2021, at 8:30 a.m., or as soon thereafter as the 3 matter may be heard, in Department 24, of the above-captioned Court, located at 801 10th Street, 4 Modesto, CA 95354, Defendant BELKORP AG, LLC (“Defendant”), by and through its attorneys of 5 record, will move, and hereby does move, the Court for an Order compelling Plaintiff’s causes of action 6 to binding arbitration pursuant to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the California 7 Arbitration Act (Code Civ. Proc., § 1281, et seq.). Defendant’s Motion is made on the following grounds: 8 Plaintiff executed a valid, binding, and enforceable Arbitration Agreement during his employment with 9 Defendant. As such, Plaintiff’s claims must be compelled to binding arbitration. Defendant further 10 moves, and hereby does move, the Court for an Order dismissing this action or, in the alternative, staying 11 this action pending the completion of binding arbitration pursuant to Code of Civil Procedure 12 section 1281.4 and 9 U.S.C. section 3. 13 Defendant’s Motion is based on this Notice of Motion and Motion to Compel Arbitration In Lieu 14 of Filing an Answer, the attached Memorandum of Points and Authorities in support thereof, the 15 Declaration of Drew M. Tate and all exhibits attached thereto, and the Declaration of Patricia Smith and 16 all exhibits attached thereto, all of which are served and filed concurrently herewith. This Motion is also 17 based on the complete files and records on file in this action and such oral and documentary evidence as 18 may be presented at or before the hearing of this motion. 19 Pursuant to Local Rule 3.01(C), tentative rulings will be issued on law and motion matters the 20 Court day prior to the hearing date. Tentative rulings can be accessed on the Internet at www.stanct.org 21 after 1:30 p.m. Parties may request a hearing by calling the calendar line at (209) 530-3162 or the main 22 line at (209) 530-3100, prior to 4:00 p.m., or by e-mailing at civil.tentatives@stanct.org. E-mail requests 23 must be made prior to 4:00 p.m. and confirmed by return e-mail. If a party does not receive confirmation 24 e-mail from the clerk, the party must call (209) 530-3162 to request your hearing. 25 DATE: November 30, 2020 FISHER & PHILLIPS LLP 26 27 By: _____________________________________ ALDEN J. PARKER 28 DREW M. TATE 1 DEFENDANT BELKORP AG, LLC’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION IN LIEU OF FILING AN ANSWER FP 39110849.2 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 November 30, 2020, I served the foregoing document(s), DEFENDANT BELKORP AG, 5 LLC’S NOTICE OF MOTION AND 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 November 30, 2020, at Sacramento, California. 26 Vicki Rathke By: Print Name Signature 27 28 1 PROOF OF SERVICE FP 39110849.2