On October 23, 2020 a
Motion-Secondary
was filed
involving a dispute between
Gomez, Jacob,
Mott-Smith, Robert,
and
Charter Communications, Llc A Delaware Limited Liability Company,
for Employment - Complex
in the District Court of San Bernardino County.
Preview
v "
ORIGINAL
F I
SUPERIOR COURT OF CALIFORNIA
Sam Kim [SBN 258467] COUNW OF SAN BERNARDWO
SAN BERNARDINO DIS rRsCT
Yoonis Han [SBN 256151]
VERUM LAW GROUP, APC
360 N. Pacific Coast Hwy, Suite 1025 JAN 9 3 2023
El Segundo, CA 90245
Telephone: (424) 320-2000
' '
FaCSImlle. (424) 221-50] 0
.
By.
? / r"
"‘1’
I
[6/
/
.L
Richafd Mécham’ Deputy
skim@verumlg.com
yhan@verumlg.com
Attorneys for Plaintiffs ROBERT MOTT-SMITH and JACOB GOMEZ, and
all aggrieved employees
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
ROBERT MOTT—SMITH and JACOB Case No. CIV DS 2022503
GOMEZ, individuals, on behalfof the State of
California, as a private attorney general, Assigned for All Purposes t0:
13 The Hon. David Cohn
Plaintiffs, Dept: S-26
14
vs.
15
PLAINTIFF ROBERT MOTT-SMITH’S
CHARTER COMMUNICATIONS, LLC, OPPOSITION TO DEFENDANT’S
16 a Delaware limited liability company; and MOTION TO COMPEL ARBITRATION GE'IH
DOES 1 through 20, inclusive, OF PLAINTIFF ROBERT MOTT-
17
SMITH’S PAGA CLAIM AND DISMISS
18
Defendants. ACTION
19 [Filed Concurrently with Requestfor Judicial A8
Notice and Declaration ofSam Kim]
20
XV:|
21
Hearing Date: January 17, 2023
Time: 8:30 a.m.
22
Complaint Filed: October 23, 2020
23
24
TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS
25
OF RECORD:
26
Plaintiff ROBERT MOTT—SMITH hereby submits his Opposition to Defendant Charter
27
Communications, LLC’s Motion to Compel Arbitration ofPlaintiff Robert Mott—Smith’s
28
PAGA Claim and Dismiss Action.
i
PLAINTIFF ROBERT MOTT-SMlTH’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL
ARBITRATION OF PLAINTIFF ROBERT MOTT—SMITH’S PAGA CLAIM AND DISMISS ACTION
MEMORANDUM OF POINTS AND AUTHORITIES
I. SUMMARY OF OPPOSITION
Defendant Charter Communications, LLC (“Defendant”) requests that this Court order
Plaintiff Robert Mott Smith’s (“Plaintiff" or “Plaintiff M0tt~Smith”) individual PAGA claim t0
arbitration, and dismiss the entire action, namely the remaining representative PAGA claims,
pursuant t0 the recent United States Supreme Court decision in Viking River Cruises v. Mariana
(2022) 142 S. Ct. 1906 (“Viking River Cruises”). However, Defendant fails to point out that, (1)
it has unequivocally waived its right t0 binding arbitration in this case; and (2) assuming
arguendo that Charter did not waive its right t0 arbitration, the issue 0f whether the
10 remaining representative PAGA claim should be dismissed is being reviewed by the
ll California Supreme Court.
12 Accordingly, Plaintiff respectfully urges the Court to deny Defendant’s Motion to Compel
13 Arbitration 0f Plaintiff Robert Mott-Smith’s PAGA Claim and Dismiss Action (the “Motion”),
14 in its entirety.
15 II. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
16 On October 23, 2020, plaintiffs Robert Mott—Smith (“Plaintiff Mott-Smith”) and Jacob
Gomez (“Plaintiff Gomez”) (collectively, “Plaintiffs”) filed this representative action against
18 Charter Communications, LLC (“Defendant” 0r “Charter”) (the “‘Action”). Declaration of Sam
19 Kim (“Kim Decl.”), 11
2. The Action alleges numerous Labor Code violations, including
20 minimum wage, failure to pay overtime wage, failure t0 provide meal periods, failure to provide
21 rest periods, and failure t0 provide accurate wage statements and waiting time penalties. Id.
22 The following represents a summary of discovery conducted by Plaintiffs in this Action‘:
23 1. Mott—Smith’s Request for Production of Documents, Set 1; served 0n April l6, 2021;
and
24
2. Mott-Smith’s Special Interrogatories, Set 1; served 0n April 16, 2021. Kim Decl., fl 3.
25
26
27
‘
Plaintiffdid not need to conduct much additional written discovery, 0r take a number 0f
28 depositions in this case, because the parties agreed at the outset of this case that discovery from
the Prieto Action will be used in this Action.
1
PLAINTIFF ROBERT MOTT-SMITH’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL
ARBITRATION OF PLAINTIFF ROBERT MOTT-SMITH’S PAGA CLAIM AND DISMISS ACTION
Document Filed Date
January 03, 2023
Case Filing Date
October 23, 2020
Category
Employment - Complex
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
v " ORIGINAL F I SUPERIOR COURT OF CALIFORNIA Sam Kim [SBN 258467] COUNW OF SAN BERNARDWO SAN BERNARDINO DIS rRsCT Yoonis Han [SBN 256151] VERUM LAW GROUP, APC 360 N. Pacific Coast Hwy, Suite 1025 JAN 9 3 2023 El Segundo, CA 90245 Telephone: (424) 320-2000 ' ' FaCSImlle. (424) 221-50] 0 . By. ? / r" "‘1’ I [6/ / .L Richafd Mécham’ Deputy skim@verumlg.com yhan@verumlg.com Attorneys for Plaintiffs ROBERT MOTT-SMITH and JACOB GOMEZ, and all aggrieved employees SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ROBERT MOTT—SMITH and JACOB Case No. CIV DS 2022503 GOMEZ, individuals, on behalfof the State of California, as a private attorney general, Assigned for All Purposes t0: 13 The Hon. David Cohn Plaintiffs, Dept: S-26 14 vs. 15 PLAINTIFF ROBERT MOTT-SMITH’S CHARTER COMMUNICATIONS, LLC, OPPOSITION TO DEFENDANT’S 16 a Delaware limited liability company; and MOTION TO COMPEL ARBITRATION GE'IH DOES 1 through 20, inclusive, OF PLAINTIFF ROBERT MOTT- 17 SMITH’S PAGA CLAIM AND DISMISS 18 Defendants. ACTION 19 [Filed Concurrently with Requestfor Judicial A8 Notice and Declaration ofSam Kim] 20 XV:| 21 Hearing Date: January 17, 2023 Time: 8:30 a.m. 22 Complaint Filed: October 23, 2020 23 24 TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS 25 OF RECORD: 26 Plaintiff ROBERT MOTT—SMITH hereby submits his Opposition to Defendant Charter 27 Communications, LLC’s Motion to Compel Arbitration ofPlaintiff Robert Mott—Smith’s 28 PAGA Claim and Dismiss Action. i PLAINTIFF ROBERT MOTT-SMlTH’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL ARBITRATION OF PLAINTIFF ROBERT MOTT—SMITH’S PAGA CLAIM AND DISMISS ACTION MEMORANDUM OF POINTS AND AUTHORITIES I. SUMMARY OF OPPOSITION Defendant Charter Communications, LLC (“Defendant”) requests that this Court order Plaintiff Robert Mott Smith’s (“Plaintiff" or “Plaintiff M0tt~Smith”) individual PAGA claim t0 arbitration, and dismiss the entire action, namely the remaining representative PAGA claims, pursuant t0 the recent United States Supreme Court decision in Viking River Cruises v. Mariana (2022) 142 S. Ct. 1906 (“Viking River Cruises”). However, Defendant fails to point out that, (1) it has unequivocally waived its right t0 binding arbitration in this case; and (2) assuming arguendo that Charter did not waive its right t0 arbitration, the issue 0f whether the 10 remaining representative PAGA claim should be dismissed is being reviewed by the ll California Supreme Court. 12 Accordingly, Plaintiff respectfully urges the Court to deny Defendant’s Motion to Compel 13 Arbitration 0f Plaintiff Robert Mott-Smith’s PAGA Claim and Dismiss Action (the “Motion”), 14 in its entirety. 15 II. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND 16 On October 23, 2020, plaintiffs Robert Mott—Smith (“Plaintiff Mott-Smith”) and Jacob Gomez (“Plaintiff Gomez”) (collectively, “Plaintiffs”) filed this representative action against 18 Charter Communications, LLC (“Defendant” 0r “Charter”) (the “‘Action”). Declaration of Sam 19 Kim (“Kim Decl.”), 11 2. The Action alleges numerous Labor Code violations, including 20 minimum wage, failure to pay overtime wage, failure t0 provide meal periods, failure to provide 21 rest periods, and failure t0 provide accurate wage statements and waiting time penalties. Id. 22 The following represents a summary of discovery conducted by Plaintiffs in this Action‘: 23 1. Mott—Smith’s Request for Production of Documents, Set 1; served 0n April l6, 2021; and 24 2. Mott-Smith’s Special Interrogatories, Set 1; served 0n April 16, 2021. Kim Decl., fl 3. 25 26 27 ‘ Plaintiffdid not need to conduct much additional written discovery, 0r take a number 0f 28 depositions in this case, because the parties agreed at the outset of this case that discovery from the Prieto Action will be used in this Action. 1 PLAINTIFF ROBERT MOTT-SMITH’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL ARBITRATION OF PLAINTIFF ROBERT MOTT-SMITH’S PAGA CLAIM AND DISMISS ACTION