On May 25, 2021 a
Motion-Secondary
was filed
involving a dispute between
Sawyer, Michael,
and
Does 1 Through 10,
Kehe Distributors, Inc,
Nature'S Best Distribution, Llc,
for Other Employment Unlimited
in the District Court of San Bernardino County.
Preview
oer
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SUPERIOR COURTOF CALIFORNIA
COUNTY OF SAN BERNa \
, IN
SAN BE. RNARDIN( 1
DISTRICT
David P. Myers (SBN 206137)
dmyers@myerslawgroup.com OCT 07 4021
Ann Hendrix (SBN 258285)
ahendrix@myerslawgroup.com BY
Morgan J. Good (SBN 311344) MARIAMA PERRY e
mgood@myerslawgroup.com e
THE MYERS LAW GROUP, A.P.C.
9327 Fairway View Place, Ste. 100
Rancho Cucamonga, CA 91730
Telephone: (909) 919-2027
Facsimile: (888) 375-2102
Attorneys for Michael Sawyer
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO
1
12 MICHAEL SAWYER an individual, Case No. CIVSB2114784
13 Plaintiff, PLAINTIFF’S OPPOSITION TO
DEFENDANTS’ MOTION TO COMPEL
14 VS. ARBITRATION AND STAY LAWSUIT
PENDING ARBITRATION
15
KEHE DISTRIBUTORS, INC., a Delaware Date: October 21, 2021 °
16 Corporation, NATURE’S BEST Time: 9:00 a.m.
17
DISTRIBUTION, LLC, a California
Corporation, and DOES
inclusive
1 THROUGH 10, inde t.: $22
ge: Hon. Bryan Foster
18
Defendants.
19
20
21
22
23
Plaintiff, by and through his attorneys, hereby submits his Opposition to Defendants
KEHE DISTRIBUTORS, INC. and NATURE’S BEST DISTRIBUTION, LLC’s Motion to
Compel Arbitration and Stay Lawsuit Pending Arbitration.
27
28
PLAINTIFF’S OPPOSITION TO DEFENDANTS MOTION TO COMPEL
ARBITRATION AND STAY LAWSUIT PENDING ARBITRATION.
-0-
TABLE OF CONTENTS
1
2, INTRODUCTION -3-
3 IL. STATEMENT OF FACTS -3-
4)) UL. ARGUMENT -4-
5 A. The California Court Of Appeal Has Already Held That Exhibit 1 Is Not An Enforceable
Agreement To Arbitrate. -5-
6
B. Even If This Court Finds A Valid Agreement Was Formed, Exhibit 1 Is Unconscionable - 6
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1 Procedural Unconscionability. -7-
2 Substantive Unconscionabil 10-
10 Cc Even If This Court Finds Exhibit 1 To Be An Enforceable Agreement, Defendants Are
Unable To Compel Arbitration Under The Terms Of Exhibit 1 -13-
11
Iv. CONCLUSION -14-
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL
ARBITRATION AND STAY LAWSUIT PENDING ARBITRATION.
-1-
Document Filed Date
October 07, 2021
Case Filing Date
May 25, 2021
Category
Other Employment Unlimited
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oer ~ SUPERIOR COURTOF CALIFORNIA COUNTY OF SAN BERNa \ , IN SAN BE. RNARDIN( 1 DISTRICT David P. Myers (SBN 206137) dmyers@myerslawgroup.com OCT 07 4021 Ann Hendrix (SBN 258285) ahendrix@myerslawgroup.com BY Morgan J. Good (SBN 311344) MARIAMA PERRY e mgood@myerslawgroup.com e THE MYERS LAW GROUP, A.P.C. 9327 Fairway View Place, Ste. 100 Rancho Cucamonga, CA 91730 Telephone: (909) 919-2027 Facsimile: (888) 375-2102 Attorneys for Michael Sawyer SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO 1 12 MICHAEL SAWYER an individual, Case No. CIVSB2114784 13 Plaintiff, PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL 14 VS. ARBITRATION AND STAY LAWSUIT PENDING ARBITRATION 15 KEHE DISTRIBUTORS, INC., a Delaware Date: October 21, 2021 ° 16 Corporation, NATURE’S BEST Time: 9:00 a.m. 17 DISTRIBUTION, LLC, a California Corporation, and DOES inclusive 1 THROUGH 10, inde t.: $22 ge: Hon. Bryan Foster 18 Defendants. 19 20 21 22 23 Plaintiff, by and through his attorneys, hereby submits his Opposition to Defendants KEHE DISTRIBUTORS, INC. and NATURE’S BEST DISTRIBUTION, LLC’s Motion to Compel Arbitration and Stay Lawsuit Pending Arbitration. 27 28 PLAINTIFF’S OPPOSITION TO DEFENDANTS MOTION TO COMPEL ARBITRATION AND STAY LAWSUIT PENDING ARBITRATION. -0- TABLE OF CONTENTS 1 2, INTRODUCTION -3- 3 IL. STATEMENT OF FACTS -3- 4)) UL. ARGUMENT -4- 5 A. The California Court Of Appeal Has Already Held That Exhibit 1 Is Not An Enforceable Agreement To Arbitrate. -5- 6 B. Even If This Court Finds A Valid Agreement Was Formed, Exhibit 1 Is Unconscionable - 6 - 1 Procedural Unconscionability. -7- 2 Substantive Unconscionabil 10- 10 Cc Even If This Court Finds Exhibit 1 To Be An Enforceable Agreement, Defendants Are Unable To Compel Arbitration Under The Terms Of Exhibit 1 -13- 11 Iv. CONCLUSION -14- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL ARBITRATION AND STAY LAWSUIT PENDING ARBITRATION. -1-