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Kevin A. Adams, State Bar No. 239171
kadams@mortensontaggart.com
MORTENSON TAGGART ADAMS LLP
300 Spectrum Center Dr., Suite 1200
Irvine, CA 9261 8
l
SUPERIOR COURT OF CALIFOHNL-z
Telephone: (949) 774—2224 COUNTY OF SAN BERNARDINC
Facsimile: (949) 774-2545 SAN BERNARDINO DISTRICT
Attorney for LOLLICUP USA, INC. and ,JUN 30 20g3
KARAT PACKAGING INC.
m w. .LCQIIE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10
MOHAMED HAMED AJAN ALHADEED, Case No. CIVSB2309481
11 individually and 0n behalf of all others similarly Hon. Joseph T. Ortiz
situated, Dept. S 1 7
12
Plaintiff,
13 DEFENDANTS’ NOTICE OF
vs. MOTION AND MOTION TO
14 COMPEL PLAINTIFF MOHAMED
LOLLICUP USA INC., a California ALHADEED TO ARBITRATE
15 Corporation; KARAT PACKAGING INC., a INDIVIDUAL PAGA CLAIMS AND
Delaware Corporation and DOES 1—50, TO STAY JUDICIAL
16 inclusive,
PROCEEDINGS PENDING
17 Defendants. COMPLETION OF
ARBITRATION; MEMORANDUM
18 OF POINTS AND AUTHORITIES
IN SUPPORT THEREOF
19
20 [Declarations ofKevin A. Adams and
Howard Shih, and [Proposed] Order
21 filed concurrently herewith]
22 DATE: September 28, 2023
TIME: 8:30 a.m.
23
24 Complaint Filed: April 21, 2023
25
26
27
28
MORTENSON
TAGGART DEFENDANTS’ MOTION TO COMPEL ARBITRATION
ADAMS LLP
T0 ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on September 28, 2023 at 8:30 a.m., in Department
b.)
Sl7 of the above-entitled court, located at 247 West Third Street, San Bemardino, California
92415, the Honorable Joseph T. Ortiz presiding, Defendants Lollicup USA, Inc. and Karat
Packaging Inc. (collectively, “‘Lollicup”) will, and hereby d0, move this Court for an order: (i)
compelling Plaintiff Mohamed Hamed Ajan Alhadeed (“Plaintiff’) to submit his individual
VON
California Private Attorneys General Act of 2004 (“PAGA”) claims against Lollicup to binding,
bilateral arbitration in accordance with the parties’ Arbitration Agreement, and (ii) stay all
judicial proceedings pending completion of arbitration pursuant California Code of Civil
10 Procedure § 1281.4.
11 This motion is made on the ground that all 0f Plaintiff’s individual PAGA claims
12 asserted in this action are subj ect to resolution exclusively through final and binding arbitration
13 as required by the parties’ Arbitration Agreement and the Federal Arbitration Act, 9 U.S.C.
14 section 1, et seq., and Plaintiff lacks standing t0 pursue his representative PAGA claims in this
’g
15 Court. See Viking River Cruises, Inc. v. Mariana, 142 S. Ct. 1906 (2022), reh denied, No. 20-
16 1573, 2022 WL 3580311 (U.S. Aug. 22, 2022). Prior t0 filling this motion, Lollicup requested
17 that Plaintiff arbitrate his dispute as required pursuant to the parties’ Arbitration Agreement, but
18 Plaintiff refused.
19 This Motion is based on this Notice of Motion and Motion, the attached memorandum
20 of points and authorities, the declarations 0f Kevin A. Adams and Howard Shih and exhibits
21 attached thereto, the concurrently filed proposed order, the other pleadings and papers on file in
22 this action, other evidence and argument as the Court may properly consider, and any matters
23 0f which the Court may or must take judicial notice.
%
24 DATED: June 30, 2023 MORTENSON TAGGART ADAMS LLP
25
26 By:
“xx
KeV'in A. ‘Adams
27 Attorney for Defendant
LOLLICUP USA INC. AND KARAT
28 PACKAGING INC.
MORTENSON -2-
TAGGART DEFENDANTS’ MOTION TO COMPEL ARBITRATION
ADAMS LLP
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Kevin A. Adams, State Bar No. 239171 kadams@mortensontaggart.com MORTENSON TAGGART ADAMS LLP 300 Spectrum Center Dr., Suite 1200 Irvine, CA 9261 8 l SUPERIOR COURT OF CALIFOHNL-z Telephone: (949) 774—2224 COUNTY OF SAN BERNARDINC Facsimile: (949) 774-2545 SAN BERNARDINO DISTRICT Attorney for LOLLICUP USA, INC. and ,JUN 30 20g3 KARAT PACKAGING INC. m w. .LCQIIE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 MOHAMED HAMED AJAN ALHADEED, Case No. CIVSB2309481 11 individually and 0n behalf of all others similarly Hon. Joseph T. Ortiz situated, Dept. S 1 7 12 Plaintiff, 13 DEFENDANTS’ NOTICE OF vs. MOTION AND MOTION TO 14 COMPEL PLAINTIFF MOHAMED LOLLICUP USA INC., a California ALHADEED TO ARBITRATE 15 Corporation; KARAT PACKAGING INC., a INDIVIDUAL PAGA CLAIMS AND Delaware Corporation and DOES 1—50, TO STAY JUDICIAL 16 inclusive, PROCEEDINGS PENDING 17 Defendants. COMPLETION OF ARBITRATION; MEMORANDUM 18 OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 19 20 [Declarations ofKevin A. Adams and Howard Shih, and [Proposed] Order 21 filed concurrently herewith] 22 DATE: September 28, 2023 TIME: 8:30 a.m. 23 24 Complaint Filed: April 21, 2023 25 26 27 28 MORTENSON TAGGART DEFENDANTS’ MOTION TO COMPEL ARBITRATION ADAMS LLP T0 ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 28, 2023 at 8:30 a.m., in Department b.) Sl7 of the above-entitled court, located at 247 West Third Street, San Bemardino, California 92415, the Honorable Joseph T. Ortiz presiding, Defendants Lollicup USA, Inc. and Karat Packaging Inc. (collectively, “‘Lollicup”) will, and hereby d0, move this Court for an order: (i) compelling Plaintiff Mohamed Hamed Ajan Alhadeed (“Plaintiff’) to submit his individual VON California Private Attorneys General Act of 2004 (“PAGA”) claims against Lollicup to binding, bilateral arbitration in accordance with the parties’ Arbitration Agreement, and (ii) stay all judicial proceedings pending completion of arbitration pursuant California Code of Civil 10 Procedure § 1281.4. 11 This motion is made on the ground that all 0f Plaintiff’s individual PAGA claims 12 asserted in this action are subj ect to resolution exclusively through final and binding arbitration 13 as required by the parties’ Arbitration Agreement and the Federal Arbitration Act, 9 U.S.C. 14 section 1, et seq., and Plaintiff lacks standing t0 pursue his representative PAGA claims in this ’g 15 Court. See Viking River Cruises, Inc. v. Mariana, 142 S. Ct. 1906 (2022), reh denied, No. 20- 16 1573, 2022 WL 3580311 (U.S. Aug. 22, 2022). Prior t0 filling this motion, Lollicup requested 17 that Plaintiff arbitrate his dispute as required pursuant to the parties’ Arbitration Agreement, but 18 Plaintiff refused. 19 This Motion is based on this Notice of Motion and Motion, the attached memorandum 20 of points and authorities, the declarations 0f Kevin A. Adams and Howard Shih and exhibits 21 attached thereto, the concurrently filed proposed order, the other pleadings and papers on file in 22 this action, other evidence and argument as the Court may properly consider, and any matters 23 0f which the Court may or must take judicial notice. % 24 DATED: June 30, 2023 MORTENSON TAGGART ADAMS LLP 25 26 By: “xx KeV'in A. ‘Adams 27 Attorney for Defendant LOLLICUP USA INC. AND KARAT 28 PACKAGING INC. MORTENSON -2- TAGGART DEFENDANTS’ MOTION TO COMPEL ARBITRATION ADAMS LLP