Motion,Ex Parte: Tavarus Nesbitt et al -v- Muscolino Inventory Service, Inc. Print

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     SUPERIOR COURT
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     COUNTY 0F SAN BERNARDINO                                                                     RNAPDNBERCAUF
     247 West Third Street, Department $23
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                                                                                                                         SrR,C/No
     San Bemardino, California 9241 5                                                           ‘
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                       IN   THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                 FOR THE COUNTY OF SAN BERNARDINO

     TAVARUS NESBITT and SANDRA                                     )     Case No.: CIVSB2208409
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     LASSEN,   individually, and on behalf of                       )
                                                                    )
11   aggrieved employees   pursuant to the Private
                                                                    )     RULING ON MOTION TO COMPEL
     Attorneys General Act (“PAGA”)                                 )
                                                                          ARBITRATION AND DISMISS OR STAY
12                                                                  )     ACTION
                                     Plaintiffs,                    )
13                                                                  )
                vs.
                                                                    )
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      MUSCOLINO INVENTORY SERVICE, INC. )
15    D/B/A PICO ENTERPRISES, INC., a                               )

      California Corporation; and            DOES   1     through   )
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      100, inclusive;
                                                                     )
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                                     Defendants.                    )
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                This matter     came before    the Court for a hearing         on Defendant’s motion                      to   compel   arbitration

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      and dismiss or stay action. The Court has reviewed and considered the                                 briefs   of the     parties, as well as
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      the arguments of counsel and issues           its   ruling as follows:
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                                     PROCEDURAL AND FACTUAL BACKGROUND

24               On April    27, 2022, Plaintiffs Tavarus Nesbitt and Sandra Lassen filed this action against

25    Defendant Muscolino Inventory Service, Inc. dba Pico, Enterprises,                                Inc. alleging a single cause          of

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      action uhder the Private Attorneys General Act                (PAGA,     Lab. Code, §2698 et seq). The complaint

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      alleges Plaintiffs     were employees and Defendant               failed t0   pay   all   meal and         rest period        wages; failed
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0.!