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1 AEGIS LAW FIRM, PC
KASHIF HAQUE (SBN 218672)
2 SAMUEL A. WONG (SBN 217104) E-FILED
JESSICA L. CAMPBELL (SBN 280626) 2/22/2021 4:17 PM
3
JOSEPH M. SZILAGYI (SBN 317450) Superior Court of California
4 9811 Irvine Center Drive, Suite 100 County of Fresno
Irvine, California 92618 By: E. Alvarado, Deputy
5 Email: jszilagyi@aegislawfirm.com
Telephone: (949) 379-6250
6 Facsimile: (949) 379-6251
7 Attorneys for Plaintiff Esteban Campos Soto,
individually, and on behalf of all others similarly situated.
8
MARK S. POSARD (SBN: 208790)
9
ANNETTE L. ROSE (SBN: 311274)
10 GORDON REES SCULLY MANSUKHANI, LLP
3 Parkcenter Drive, Suite 200
11 Sacramento, CA 95825
Telephone: (916) 565-2900
12 Facsimile: (916) 920-4402
13 arose@grsm.com
Attorneys for Defendant
14
Amware Pallet Services, LLC
15
SUPERIOR COURT OF THE STATE OF CALIFORNIA
16
FOR THE COUNTY OF FRESNO
17
18 ESTEBAN CAMPOS SOTO, individually Case No. 20CECG00227
and on behalf of all others similarly situated,
19 Assigned to:
Plaintiff, Hon. D Tyler Tharpe
20 Dept.: 501
vs.
21 THE PARTIES’ JOINT STIPULATION TO
AMWARE PALLET SERVICES, LLC, a CONTINUE DEFENDANT’S
22 DEMURRER/MOTION TO STRIKE AND
limited liability corporation doing business in
[PROPOSED] ORDER
23 California; and DOES 1 through 20,
inclusive,
24
Defendants.
25
26
27
28
THE PARTIES’ JOINT STIPULATION TO CONTINUE DEFENDANT’S DEMURRER/MOTION TO STRIKE
1 Plaintiff Esteban Campos Soto (“Plaintiff”) and Defendant Amware Pallet Services, LLC
2 (collectively the “Parties”), by and through their respective attorneys of record, stipulate and agree as
3 follows:
4 WHEREAS, Plaintiff initiated this wage and hour class action on January 21, 2020. Plaintiff’s
5 First Amended Complaint (“FAC”), the operative pleading, asserts six causes of action pursuant to the
6 California Labor Code and a seventh cause of action for violation of Business and Professions Code §§
7 17200;
8 WHEREAS, on June 8, 2020, Defendant filed a Demurrer to Plaintiff’s First Amended Complaint
9 (“Demurrer”) and Motion to Strike Portions of Plaintiff’s First Amended Complaint (“Motion to
10 Strike”).
11 WHEREAS, prior to Defendant’s previously scheduled demurrer and motion to strike hearing,
12 the Parties began discussions to resolve this matter through private mediation and an exchange of
13 documents and information in preparation of mediation. Consequently, the Parties stipulated, and this
14 Court granted, the Parties’ stipulation requesting a continuance of the hearing on Defendant’s Demurrer
15 and Motion to Strike;
16 WHEREAS, at Defendant’s request, the Parties agreed to reschedule mediation to February 16,
17 2021;
18 WHEREAS, on January 4, 2021 the Court issued an order continuing the hearing on Defendant’s
19 Demurrer and Motion to Strike to March 17, 2021;
20 WHEREAS, due to the mediator’s sudden unavailability to mediate on February 16, 2021 and
21 request for the Parties to reschedule mediation, the Parties agreed to reschedule mediation to March 8,
22 2021;
23 WHEREAS, the Parties continue to agree it best for that the Court to continue the hearing on
24 Defendant’s Demurrer and Motion to Strike to allow additional time for the parties to participate in
25 private mediation. The Parties agree that no Party will be prejudiced if Defendant’s pending Demurrer
26 and Motion to Strike is continued to a date following private mediation
27
28 -1-
THE PARTIES’ JOINT STIPULATION TO CONTINUE DEFENDANT’S DEMURRER/MOTION TO STRIKE
1 WHEREAS, the Parties agree the remaining briefing on Defendant’s Demurrer and Motion to
2 Strike will be pursuant to code based on the new hearing date.
3 THEREFORE, the Parties hereby stipulate and agree as follows:
4 1. The March 17, 2021 hearing on Defendant’s Demurrer to Plaintiff’s First Amended
5 Complaint and Motion to Strike Portions of Plaintiff’s First Amended Complaint be
6 continued to April 21, 2021 at 9:30 a.m., or at a time soon thereafter, based on the
7 Court’s availability;
8 2. The Parties agree the remaining briefing on Defendant’s Demurrer and Motion to
9 Strike will be pursuant to code based on the new hearing date.
10
11
12 Dated: February 22, 2021 AEGIS LAW FIRM, PC
13
14 By: /s/ Joseph M. Szilagyi _
Joseph M. Szilagyi
15 Attorneys for Plaintiff Esteban Campos Soto
16
17
18
19
Dated: February 22, 2021 GORDON REES SCULLY MANSUKHANI, LLP
20
21
By: /s/ Annette L. Rose
22 Mark Posard
23 Annette L. Rose
Attorneys for Defendant
24 Amware Pallet Services, LLC
25
26
27
28
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THE PARTIES’ JOINT STIPULATION TO CONTINUE DEFENDANT’S DEMURRER/MOTION TO STRIKE
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1 AEGIS LAW FIRM, PC KASHIF HAQUE (SBN 218672) 2 SAMUEL A. WONG (SBN 217104) E-FILED JESSICA L. CAMPBELL (SBN 280626) 2/22/2021 4:17 PM 3 JOSEPH M. SZILAGYI (SBN 317450) Superior Court of California 4 9811 Irvine Center Drive, Suite 100 County of Fresno Irvine, California 92618 By: E. Alvarado, Deputy 5 Email: jszilagyi@aegislawfirm.com Telephone: (949) 379-6250 6 Facsimile: (949) 379-6251 7 Attorneys for Plaintiff Esteban Campos Soto, individually, and on behalf of all others similarly situated. 8 MARK S. POSARD (SBN: 208790) 9 ANNETTE L. ROSE (SBN: 311274) 10 GORDON REES SCULLY MANSUKHANI, LLP 3 Parkcenter Drive, Suite 200 11 Sacramento, CA 95825 Telephone: (916) 565-2900 12 Facsimile: (916) 920-4402 13 arose@grsm.com Attorneys for Defendant 14 Amware Pallet Services, LLC 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 FOR THE COUNTY OF FRESNO 17 18 ESTEBAN CAMPOS SOTO, individually Case No. 20CECG00227 and on behalf of all others similarly situated, 19 Assigned to: Plaintiff, Hon. D Tyler Tharpe 20 Dept.: 501 vs. 21 THE PARTIES’ JOINT STIPULATION TO AMWARE PALLET SERVICES, LLC, a CONTINUE DEFENDANT’S 22 DEMURRER/MOTION TO STRIKE AND limited liability corporation doing business in [PROPOSED] ORDER 23 California; and DOES 1 through 20, inclusive, 24 Defendants. 25 26 27 28 THE PARTIES’ JOINT STIPULATION TO CONTINUE DEFENDANT’S DEMURRER/MOTION TO STRIKE 1 Plaintiff Esteban Campos Soto (“Plaintiff”) and Defendant Amware Pallet Services, LLC 2 (collectively the “Parties”), by and through their respective attorneys of record, stipulate and agree as 3 follows: 4 WHEREAS, Plaintiff initiated this wage and hour class action on January 21, 2020. Plaintiff’s 5 First Amended Complaint (“FAC”), the operative pleading, asserts six causes of action pursuant to the 6 California Labor Code and a seventh cause of action for violation of Business and Professions Code §§ 7 17200; 8 WHEREAS, on June 8, 2020, Defendant filed a Demurrer to Plaintiff’s First Amended Complaint 9 (“Demurrer”) and Motion to Strike Portions of Plaintiff’s First Amended Complaint (“Motion to 10 Strike”). 11 WHEREAS, prior to Defendant’s previously scheduled demurrer and motion to strike hearing, 12 the Parties began discussions to resolve this matter through private mediation and an exchange of 13 documents and information in preparation of mediation. Consequently, the Parties stipulated, and this 14 Court granted, the Parties’ stipulation requesting a continuance of the hearing on Defendant’s Demurrer 15 and Motion to Strike; 16 WHEREAS, at Defendant’s request, the Parties agreed to reschedule mediation to February 16, 17 2021; 18 WHEREAS, on January 4, 2021 the Court issued an order continuing the hearing on Defendant’s 19 Demurrer and Motion to Strike to March 17, 2021; 20 WHEREAS, due to the mediator’s sudden unavailability to mediate on February 16, 2021 and 21 request for the Parties to reschedule mediation, the Parties agreed to reschedule mediation to March 8, 22 2021; 23 WHEREAS, the Parties continue to agree it best for that the Court to continue the hearing on 24 Defendant’s Demurrer and Motion to Strike to allow additional time for the parties to participate in 25 private mediation. The Parties agree that no Party will be prejudiced if Defendant’s pending Demurrer 26 and Motion to Strike is continued to a date following private mediation 27 28 -1- THE PARTIES’ JOINT STIPULATION TO CONTINUE DEFENDANT’S DEMURRER/MOTION TO STRIKE 1 WHEREAS, the Parties agree the remaining briefing on Defendant’s Demurrer and Motion to 2 Strike will be pursuant to code based on the new hearing date. 3 THEREFORE, the Parties hereby stipulate and agree as follows: 4 1. The March 17, 2021 hearing on Defendant’s Demurrer to Plaintiff’s First Amended 5 Complaint and Motion to Strike Portions of Plaintiff’s First Amended Complaint be 6 continued to April 21, 2021 at 9:30 a.m., or at a time soon thereafter, based on the 7 Court’s availability; 8 2. The Parties agree the remaining briefing on Defendant’s Demurrer and Motion to 9 Strike will be pursuant to code based on the new hearing date. 10 11 12 Dated: February 22, 2021 AEGIS LAW FIRM, PC 13 14 By: /s/ Joseph M. Szilagyi _ Joseph M. Szilagyi 15 Attorneys for Plaintiff Esteban Campos Soto 16 17 18 19 Dated: February 22, 2021 GORDON REES SCULLY MANSUKHANI, LLP 20 21 By: /s/ Annette L. Rose 22 Mark Posard 23 Annette L. Rose Attorneys for Defendant 24 Amware Pallet Services, LLC 25 26 27 28 -2- THE PARTIES’ JOINT STIPULATION TO CONTINUE DEFENDANT’S DEMURRER/MOTION TO STRIKE