Declaration of Plaintiff In Support of His Opposition

Opposition

Cal. Super. - 2nd Dist.October 23, 2018

Electronically FILE DJ O O 0 N N Ln BA W N = N N N N N N N N N = mm e m e m e m e m e m e m e m co NN O N Ln BR A W N D = R O O X N N D N RE E W N = Oo y Superior Court of California, County of Los Angeles on 02/28/2019 11:28 AM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy ( Edward W. Choi, State Bar No. 211334 Paul M. Yi, Esq. SBN 207867 LAW OFFICES OF CHOI & ASSOCIATES, APLC 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 Attorneys for Plaintiff MICHAEL SILVA SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES CENTRAL DISTRICT - UNLIMITED CIVIL MICHAEL SILVA, an individual, Case No.: 18STCVO01915 Assigned for All Purposes to Honorable Plaintiff, Mark V. Mooney in Department 68 Vs. DECLARATION OF MICHAEL ) ) ) ) ) ) ) SILVA IN SUPPORT OF NEXEM-ALLIED, LLC., a Limited Liability ) PLAINTIFEF’S OPPOSITION TO Company, POLARIS INDUSTRIES, INC, a ) DEFENDANTS’ MOTION TO Corporation, and DOES 1 through 30, inclusive, ) COMPEL ARBITRATION ) ) DATE: March 14, 2019 Defendants. ) TIME: 8:30 a.m. ) DEPT: 68 ) ) I, MICHAEL SILVA, declare: I. I am over the age of 18 years and the following facts are within my personal knowledge and if called as a witness, I could and would competently thereto. 2. On or about April 23, 2018, I began working for Defendant NEXEM-ALLIED, LLC (“NEXEM-ALLIED”) as a fork lift operator. 3. I was not provided an opportunity to negotiate any of the terms contained in the DECLARATION OF MICHAEL SILVA IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL ARBITRATION- 1 lerk O O 0 N N Ln BA W N = N N ND ND ND N N N ND E m Em Em e m e m e m e m e s co NN O N Ln BR A W N D = R O O X N N D N RE E W N = Oo arbitration agreement. 4. I did not have the opportunity to fully review the agreement due to the complex nature of the document. 3. Prior to signing any of the foregoing agreement, I was never afforded an opportunity to make any changes. 6. I was told that if I did not sign the arbitration agreement, I would not be able to obtain employment with NEXEM-ALLIED. Therefore, I was forced to sign the agreement. Further, I never received a copy of the arbitration nor was I ever informed that the arbitration agreement was ever signed by NEXEM-ALLIED. 7. During my entire employment with NEXEM-ALLIED, I never performed any fork lift operations outside of California. 8. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 27" day of February 2019, in the City of Los Angeles, State of California. MICHAEL SILVA By: DECLARATION OF MICHAEL SILVA IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL ARBITRATION- 2 PROOF OF SERVICE I'am employed in the County of Los Angeles; I am over the age of 18 years and not a party to the within action; my business address is 515 S. Figueroa St. Suite 1250, Los Angeles, California 90071. On February 28, 2019, I served the foregoing document(s) described as: DECLARATION OF MICHAEL SILVA IN SUPPORT OF PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ARBITRATION, on the interested parties in this action by placing a true copy thereof, in a sealed envelope(s) addressed as follows: Martin L. Pitha Cheryl A. Canty Lillis Pitha LLP 4100 MacArthur Blvd. Suite 150 2 Park Plaza, Suite 480 Newport Beach, CA 92660 Irvine, CA 92614 _X BY PRIORITY MAIL -1 DAY SERVICE _X_ As follows: Iam “readily familiar” with the practice of Choi & Associates, Attorneys at Law for collection and processing of correspondence for mailing with the United States Postal Service and that correspondence placed in the outgoing mail tray in my office for collection would be deposited in the United States Mail that same day in the ordinary course of business. BY PERSONAL SERVICE I caused such envelope to be delivered by hand to the offices of the addressee. BY FACSIMILE TRANSMISSION I caused a true and complete copy of the document(s) described above to be transmitted by facsimile transmission to the telephone number(s) of the person(s) set forth above. ___X___ (State) I declare under penalty of perjury that the foregoing is true and correct. (Federal) I declare under penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on February 28, 2019, at Los Angeles, California. Cina Kim PROOF OF SERVICE