On June 08, 2023 a
Motion-Secondary
was filed
involving a dispute between
Torres, Ralph Francisco,
and
Does 1-20 , Inclusive,
Merit Aluminum Foundry Inc.,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
Preview
AEGIS LAW FIRM, PC F| |_ E D
KASHIP HAQUb, State Bar s
No. 218672 ”cguflflgggfigggtggggm
SAMUEL A. WONG, State Bar No. 2 l 7 04
I SAN BERNARDINO DISTRICT
JESSICA L. CAMPBELL, Slate Bar N0. 280626
ALI s. CARLSEN, slate Bar No. 289964 JAN 2 4 2024
981 l Irvine Center Drive, Suite 100
Irvine, California 9261 8 BY
Telephone: (949) 379-6250 J LES, ury
Facsimile: (949) 379-6251
Email: acarlscn@acgislawfiml.com
Attorneys for Plaintiff Ralph Francisco Torres, individually,
and on behalf of all others similarly situated.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY 0F SAN BERNARDINO
RALPH FRANCISCO TORRES, Case No. CIVSBZ31+%§;§
individually and 0n bchalfof all others
similarly situated, Assignedfor All Purposes t0:
Judge Jessica Morgan
Plaintiffs, Dept. $26
v. DECLARATION 0F ALI S. CARLSEN IN
SUPPORT 0F PLAINTIFF’S OPPOSITION
MERIT ALUMINUM FOUNDRY INC; T0 DEFENDANTS’ MOTION TO COMPEL
MERIT ALUMINUM INC; and DOES 1 ARBITRATION
through 20. inclusive,
Date: February 6, 2024
Defendants. Time: 8:30 a.m.
Dept; $26
'
DECLARATION 0F ALI s. CARLSEN IN SUPPORT 0F PLAINTiFF's dpibsfiidfi 10
DEFENDANTy MOTION T0 COMPEL ARBITRATION
I, Ali S. Carlsen, hereby declare as follows:
l. l am an attorney at law licensed to practice before all 0f the courts ofthe State of
California. l am a senior associate with Aegis Law Firm, PC (“Aegis”), counsel for Plaintiffin
this matter. I am thoroughly familiar with and have personal knowledge of all 0fthc facts sct
forth herein.
2. I make this declaration in support of Plaintiff’s Opposition to Defendants’ Motion
t0 Compel Arbitration of Individual Claims and Stay Litigation Pending Completion of
Arbitration (“Motion“).
3. l have rcvicwcd documents produced hy Defendants in response t0 a prc-litigation
request for Plaintiff‘s personnel file and payroll documents. Based on those documents,
Plaintiff‘s hourly rate with Defendants was set at $19.75 per hour from his hire in December
2021 through April 30, 2022. From May l, 2022 t0 May 28, 2022, Plaintiff‘s hourly rate was
$23.00 pcr hour. And from May 29, 2022 through thc cnd of his employment in July 2022, his
hourly rate was $25.00.
4. Beginning in February 2022, Plaintiff’s paystubs show a bonus being paid
approximately once per month.
5. The documents produced by Defendants show that Plaintiff‘s first shifi was 0n
December IS. 202] and that he last worked 0n July 7, 2022. Plaintiff generally worked shifts
bclwccn lcn (l0) and clevcn (l l) hours in length, and l06 shifts total, a1] of which were more
than 3.5 hours in length, and 105 0f which wcrc more than six hours in length.
6. Based on thc paystubs, Defendants paid weekly.
7. Assuming onc meal period and one rest period violation per shift, minus the meal
period premiums already paid to Plaintiff. Plaintiff‘s rest period penalties would total $2,260.50,
-2-
DECLARATION OF ALI S. CARLSEN IN SUPPORT 0F PLAINTIFF’S OPPOSITION T0
DEFENDANTS’ MOTION TO COMPEL ARBITRATION
Document Filed Date
January 24, 2024
Case Filing Date
June 08, 2023
Category
Complex Civil Unlimited
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AEGIS LAW FIRM, PC F| |_ E D KASHIP HAQUb, State Bar s No. 218672 ”cguflflgggfigggtggggm SAMUEL A. WONG, State Bar No. 2 l 7 04 I SAN BERNARDINO DISTRICT JESSICA L. CAMPBELL, Slate Bar N0. 280626 ALI s. CARLSEN, slate Bar No. 289964 JAN 2 4 2024 981 l Irvine Center Drive, Suite 100 Irvine, California 9261 8 BY Telephone: (949) 379-6250 J LES, ury Facsimile: (949) 379-6251 Email: acarlscn@acgislawfiml.com Attorneys for Plaintiff Ralph Francisco Torres, individually, and on behalf of all others similarly situated. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY 0F SAN BERNARDINO RALPH FRANCISCO TORRES, Case No. CIVSBZ31+%§;§ individually and 0n bchalfof all others similarly situated, Assignedfor All Purposes t0: Judge Jessica Morgan Plaintiffs, Dept. $26 v. DECLARATION 0F ALI S. CARLSEN IN SUPPORT 0F PLAINTIFF’S OPPOSITION MERIT ALUMINUM FOUNDRY INC; T0 DEFENDANTS’ MOTION TO COMPEL MERIT ALUMINUM INC; and DOES 1 ARBITRATION through 20. inclusive, Date: February 6, 2024 Defendants. Time: 8:30 a.m. Dept; $26 ' DECLARATION 0F ALI s. CARLSEN IN SUPPORT 0F PLAINTiFF's dpibsfiidfi 10 DEFENDANTy MOTION T0 COMPEL ARBITRATION I, Ali S. Carlsen, hereby declare as follows: l. l am an attorney at law licensed to practice before all 0f the courts ofthe State of California. l am a senior associate with Aegis Law Firm, PC (“Aegis”), counsel for Plaintiffin this matter. I am thoroughly familiar with and have personal knowledge of all 0fthc facts sct forth herein. 2. I make this declaration in support of Plaintiff’s Opposition to Defendants’ Motion t0 Compel Arbitration of Individual Claims and Stay Litigation Pending Completion of Arbitration (“Motion“). 3. l have rcvicwcd documents produced hy Defendants in response t0 a prc-litigation request for Plaintiff‘s personnel file and payroll documents. Based on those documents, Plaintiff‘s hourly rate with Defendants was set at $19.75 per hour from his hire in December 2021 through April 30, 2022. From May l, 2022 t0 May 28, 2022, Plaintiff‘s hourly rate was $23.00 pcr hour. And from May 29, 2022 through thc cnd of his employment in July 2022, his hourly rate was $25.00. 4. Beginning in February 2022, Plaintiff’s paystubs show a bonus being paid approximately once per month. 5. The documents produced by Defendants show that Plaintiff‘s first shifi was 0n December IS. 202] and that he last worked 0n July 7, 2022. Plaintiff generally worked shifts bclwccn lcn (l0) and clevcn (l l) hours in length, and l06 shifts total, a1] of which were more than 3.5 hours in length, and 105 0f which wcrc more than six hours in length. 6. Based on thc paystubs, Defendants paid weekly. 7. Assuming onc meal period and one rest period violation per shift, minus the meal period premiums already paid to Plaintiff. Plaintiff‘s rest period penalties would total $2,260.50, -2- DECLARATION OF ALI S. CARLSEN IN SUPPORT 0F PLAINTIFF’S OPPOSITION T0 DEFENDANTS’ MOTION TO COMPEL ARBITRATION