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`GIBSON, DUNN & CRUTCHER LLP
`RACHEL S. BRASS, SBN 219301
`
`rbrass@gibsondunn.com
`NOAH F. STERN, SBN 297476
`nstern@gibsondunn.com
`555 Mission Street, Suite 3000
`San Francisco, CA 94105-0921
`Telephone: 415.393.8200
`Facsimile: 415.393.8306
`
`BRIAN L. JOHNSRUD, SBN 184474
`bjohnsrud@chjllp.com
`CURLEY, HURTGEN & JOHNSRUD LLP
`4400 Bohannon Drive, Suite 230
`8 Menlo Park, CA 94025
`Telephone: 650.600.5300
`Facsimile: 650.323.1002
`bj ohnsrud@chjllp.com
`
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`F E E4
`E D
`3.
`San Francisco County Superior Court
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`JUL 3 0 2019
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`CLERK/95.- .2 e0
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`‘ /,;
`By.
`
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`DeputyCIerk
`
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`XV:IA8031E
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`Gibson, Dunn &
`Crmcher LLP
`
`Attorneys for Petitioner JUUL Labs, Inc.
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF SAN FRANCISCO
`
`JUUL LABS, INC.,
`
`..
`
`Pet1tloner,
`
`CASE NO.
`
`CPF-19-5167 79
`
`PETITIONER JUUL LABS, INC.’S NOTICE
`OF PETITION AND PETITION TO
`
`v.
`
`SIDDHARTH BREJA,
`
`Respondent.
`
`
`
`CONIPEL ARBITRATION
`
`.
`.
`.
`[Memorandum ofPaints and Authorities,
`Declaration ofBrian L. Johnsrud, Declaration of
`Angela Hayes, and [Proposed] Orderfiled
`concurrently herewith]
`
`PETITION TO COMPEL ARBITRATION
`
`

`

`r ”‘\
`
`// ‘\
`
`Petitioner JUUL Labs, Inc. (“JLI” or “Petitioner”) states and alleges as follows:
`
`1.
`
`In May 2018, JLI offered Respondent Siddharth Breja (“Breja”) employment as
`
`Senior Vice President of Finance. At that time, JLI sent Breja an offer letter that included an
`
`arbitration provision (“Arbitration Agreemen ”). Breja signed the offer letter, which contains the
`
`following Arbitration Agreement:
`
`Except as prohibited by law, each of you and the Company agrees that, any claim,
`controversy or legal dispute between them or between you and the Company (or
`between you and any current or former officer, director, shareholder, agent or employee
`of the Company or its subsidiaries, each of whom is hereby designated a third-party
`beneficiary of this letter agreement regarding arbitration), arising out of your
`employment or termination of such employment or this letter agreement (a “Dispute”)
`will be re-solved through binding arbitration in San Francisco County, California under
`the Federal Arbitration Act and, to the extent not inconsistent with or preempted by the
`Federal Arbitration Act, the Arbitration Rules set forth in California Code of Civil
`Procedure Section 1280 et
`seq. THE PARTIES UNDERSTAND THAT BY
`AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT TO
`A JURY TRIAL...
`
`A true and correct copy of the offer letter containing the Arbitration Agreement is attached as Exhibit
`
`A to the Declaration of Angela Hayes, filed concurrently with this petition.
`
`2.
`
`Breja worked at JLI’s headquarters in San Francisco, California. The events on which
`
`JLI’s claims are based occurred in San Francisco County. The corporate records relevant to Breja’s
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`employment are maintained at JLI’s corporate headquarters in San Francisco, Breja’s supervisors and
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`decision makers regarding Breja’s employment work in JLI’s San Francisco headquarters, and Breja
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`would have continued to work for JLI at its San Francisco headquarters if his employment had not
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`been terminated.
`
`3.
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`Breja was terminated on March 21, 2019, after less than a year of employment at ILI,
`
`because he displayed serious deficiencies in his management style, his ability to recruit senior
`
`leaders, and his ability to collaborate with peers and consistently treat others with respect, and
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`because he had misrepresented his role at his prior company. At no time during the termination
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`meeting (or during his entire 10 months of employment) did Breja complain that he had been
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`retaliated against, suggest he had ever identified any safety or quality concerns, or claim that his
`
`employment had been wrongfully terminated. While JLI could have terminated Breja’s employment
`
`for “Cause,” it nonetheless offered him severance because of his senior role, the fact that he was
`
`2
`PETITION TO COMPEL ARBITRATION
`
`\OOO\]O\UI4>UJNi—A
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`NNNNNN[\JNI—d,_.r—tr—Av—Ar—I>—Ir—lr—ir—A\]ONU}4}-WNH'O\O00\1O\U]-PWN’—‘O
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`
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`28
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`Gibson, Dunn &
`Cnncher LLP
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`

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`nearing his first equity vesting date, and to avoid a potential dispute over whether there was Cause.
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`_ On the date of his termination, JLI provided Breja with a proposed Separation Agreement and
`
`Release (the “Release”). Breja rejected the Release.
`4.
`On April 23, 2019, Breja sent JLI a demand letter (through counsel) claiming that he
`
`was retaliated against and wrongfully terminated and threatening to bring a wrongful termination
`
`action against JLI in California Superior Court. All such claims are covered by the Arbitration
`
`Agreement.
`
`5.
`
`JLI requested that Breja honor his agreement and obligation to arbitrate this dispute.
`
`On July 22, 2019, JLI sent Breja an arbitration demand including a claim for declaratory relief that
`
`.ILI lawfully terminated Breja’s at-will employment. With its demand, .ILI asked Breja to choose to
`
`arbitrate before either AAA or JAMS. But Breja has' not answered JLI’s arbitration demand, as
`
`reflected in email exchanges with Breja’s legal counsel, true and correct copies of which are attached
`
`as Exhibit A to the Declaration of Brian L. Johnsrud, filed herewith.
`
`6.
`
`Because Breja has refused to arbitrate the present dispute, JLI is compelled to seek
`
`judicial intervention by filing the instant petition to compel arbitration pursuant to Section 1281.2 of
`
`California’s Code of Civil Procedure and the Federal Arbitration Act (9 U.S.C. § 2).
`
`7.
`
`8.
`
`JLI has not made any previous applications to this Court for the relief sought herein.
`
`This Petition is based upon this Petition, the accompanying Memorandum of Points
`
`and Authorities, the accompanying Declaration of Angela Hayes, the accompanying Declaration of
`
`#UJN
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`Brian L. Johnsrud, all papers and pleadings from this case on file with the Court in this matter, all
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`other matters of which the Court may take judicial notice, any further evidence or argument offered
`
`to the Court in Reply to any Opposition to this Petition or at or before the hearing on this Petition,
`
`and any other matters that the Court may consider.
`WHEREFORE, JLI prays:
`
`(a)
`
`That the Court order Respondent Breja to arbitrate the claims raised by JLI in its
`
`arbitration demand of July 22, 2019; and
`
`(b)
`
`For such other and further relief as the Court may deem proper.
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`Gibson. Dunn 8.
`Cnnmer LLP
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`3
`PETITION TO COMPEL ARBITRATION
`
`

`

`1
`
`Dated: July 26, 2019
`
`GIBSON, DUNN & CRUTCHER LLP
`
` 4:.UJN
`
`Rachel S. Brass J
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`U3'~<
`
`Attorneysfor Defendant JUUL LABS, INC.
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`Crmcher LLP
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`4
`PETITION TO COMPEL ARBITRATION
`
`

`

`* /
`cm-o1o
`e--.
`FOR COURT USE ONLY
`ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
`
`Gibson, Dunn & Crutcher LLP
`
`Rachel S. Brass
`555 Mission Street
`FEEED
`
`San Francisco, CA 94105-0921
`TELEPHONE NO.: 415.393.8200
`ATTORNEY FOR (Name): JUUL Labs Inc.
`SUPERIOR couar OF CALIFORNIA, COUNTY or: San Francisco
`STREET ADDRESS: 400 McAllister St.
`MAILING ADDRESS: 400 MCAlliSter St.
`
`
`
`San-Francisco County Superior Court
`
`FAX NO.: JUUL Labs, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7 @6943?
`
`
`
`
`
`Deputy Clerk
`
`
`CASE NUMBER:
`
`
`CPF—1 . - 67 79
`
`
`JUDGE:
`
`
`JUL 3 0 2019
`
`CITY AND ZIP CODE: San Francisco CA 94102-4515
`BRANCH NAME; C1V1c Center Courthouse
`CASE NAME:
`
`JUUL Labs, Inc. v. Bre'a
`
`'
`
`.
`
`Complex Case Designation
`CIVIL CASE COVER SHEET
`i:i Counter
`i:i Joinder
`Unlimited
`I: Limited
`
`(Amount
`(Amount
`Filed with first appearance by defendant
`demanded
`demanded is
`
`
`
`DEPT:
`exceeds $25,000)
`$25,000 or less)
`(Cal. Rules of Court, rule 3.402)
`
`
`
`
`Items 1—6 below must be completed (see instructions on page 2).
`. Check one box below for the case type that best describes this case:
`Auto Tort
`Contract
`E] Auto (22)
`Breach of contract/warranty (06)
`|:l Uninsured motorist (46)
`Rule 3.740 collections (09)
`Other PIIPDIWD (Personal InjuryIProperty
`Other collections (09)
`Damage/Wrongful Death) Tort
`Insurance coverage (18)
`i: Asbestos (04)
`Other contract (37)
`Product liability (24)
`Real Property
`1 Medical malpractice (45)
`E] Eminent domain/Inverse
`C] Other PIIPDIWD (23)
`condemnation (14)
`Non-PIIPDIWD (Other) Tort
`El Wrongful eviction (33)
`Business tort/unfair business practice (07) El Other real property (26)
`Civil rights (08)
`Unlawful Detainer
`Defamation (13)
`[:1 Commercial (31)
`Fraud (16)
`D Residential (32)
`Intellectual property (19)
`El Bugs (38)
`Professional negligence (25)
`Judicial Review
`Other non-PIIPDIWD tort (35)
`El Asset forfeiture (05)
`Em loyment
`'3 Petition re: arbitration award (11)
`Wrongful termination (36)
`E] Writ of mandate (02)
`
`
`El Other employment (15)
`|:] Other 'udicial review 39
`2. This case - is n is not
`complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
`factors requiring exceptional judicial management:
`a. El Large number of separately represented parties
`b. I: Extensive motion practice raising difficult or novel
`issues that will be time-consuming to resolve
`c. E Substantial amount of documentary evidence
`
`Provisionally Complex Civil Litigation
`(Cal. Rules of Court, rules 3.400-3.403)
`Antitrust/Trade regulation (03)
`Construction defect (10)
`Mass tort (40)
`Securities litigation (28)
`Environmentalfl'oxic tort (30)
`Insurance coverage claims arising from the
`above listed provisionally complex case
`types (
`)
`Enforcement of Judgment
`[3 Enforcement ofjudgment (20)
`Miscellaneous Civil Complaint
`El RICO (27)
`El Other complaint (not specified above) (42)
`Miscellaneous Civil Petition
`
`[:1 Partnership and corporate governance (21)
`Other petition (not specified above) (43)
`
`d. E] Large number of witnesses
`e. El Coordination with related actions pending in one or more courts
`in other counties, states, or countries, or in a federal court
`f. l: Substantial postjudgmentjudicial supervision
`
`3. Remedies sought (check all that apply): a.[:l monetary b.- nonmonetary; declaratory or injunctive relief
`4. Number of causes of action (specify):
`1 - Petition to Compel Arbitration
`5. This case Ci is
`is not
`a class action suit.
`
`c. [:lpunitive
`
`If there are any known related cases, file and serve a notice of related case. (You may use form -_CM—015.)
`6.
`
`Date: July 3, 2019
`I,
`'
`r .
`.-
`
`Rachel S. Brass
`.
`-
`'
`-
`-
`.
`
`(TYPE OR PRINT NAME)
`
`
`NOTICE
`
`. Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
`
`
`under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
`in sanctions.
`
`
`0 File this cover sheet in addition to any cover sheet required by local court rule.
`0 If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
`
`
`other parties to the action or proceeding.
`
`
`0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes onI .
`,
`
`Farm Adopted for Mandatory Use
`Cal. Rules of Court, I'Ui
`Cal.
`a
`Judicial Council ofCaIifomia
`
`CIVIL CASE COVER SHEET
`
`
`
`CM»010[RevJuly1,2007}
`
`6
`
`

`

`INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
`To Plaintiffs and Others Filing First Papers.
`If you are filing a first paper (for example, a complaint) in a civil case, you must
`complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
`statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet
`In item 1, you must check
`one box for the case type mat best describes the case.
`If the case fits both a general and a more specific type of case listed in item 1,
`check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
`To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
`sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
`its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
`To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
`owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
`which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
`damages,
`(2) punitive damages,
`(3) recovery of real property,
`(4) recovery of personal property, or (5) a prejudgment writ of
`attachment The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
`time—for—service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
`case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
`To Parties in Complex Cases.
`In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
`case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
`completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the coversheet must be served with the
`complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
`plaintiff‘s designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
`the case is complex.
`CASE TYPES AND EXAMPLES
`Auto Tort
`Auto (22)—Personal Injury/Property
`Damage/Wrongful Death
`Uninsured Motorist (46) (if the
`case involves an uninsured
`motorist claim subject to
`arbitration, check this item
`instead of Auto)
`Other PIIPDIWD (Personal Injuryl
`Property DamageIWrongful Death)
`Tort
`
`’
`
`Contract
`Breach of Contract/Warranty (06)
`Breach of Rental/Lease
`Contract (not unlawful detainer
`or wrongful eviction)
`Contract/Warranty Breach—Seller
`Plaintiff (not fraud or negligence)
`Negligent Breach of Contract/
`Warranty
`Other Breach of Contract/Warranty
`Collections (e.g., money owed, open
`book accounts) (09)
`Collection Caseéeller Plaintiff
`Other Promissory Note/Collections
`Case
`Insurance Coverage (not provisionally
`complex) (18)
`Auto Subrogation
`Other Coverage
`Other Contract (37)
`Contractual Fraud
`Other Contract Dispute
`Real Property
`Eminent Domain/Inverse
`Condemnation (14)
`Wrongful Eviction (33)
`Other Real Property (e.g., quiet title) (26)
`Writ of Possession of Real Property
`Mortgage Foreclosure
`Quiet Title
`Other Real Property (not eminent
`domain, landlord/tenant, or
`foreclosure)
`Unlawful Detainer
`Commercial (31)
`Residential (32)
`Dmgs (38) (if the case involves illegal
`drugs, check this item; otherwise,
`report as Commercial or Residential)
`Judicial Review
`Asset Forfeiture (05)
`Petition Re: Arbitration Award (11)
`Writ of Mandate (02)
`Writ—Administrative Mandamus
`Writ—Mandamus on Limited Court
`Case Matter
`Writ—Other Limited Court Case
`Review
`Other Judicial Review (39)
`Review of Health Officer Order
`Notice of Appeal—Labor
`Commissioner Appeals
`CIVIL CASE COVER SHEET
`
`Asbestos (04)
`Asbestos Property Damage
`Asbestos Personal Injuryl
`Wrongful Death
`Product Liability (not asbestos or
`toxic/environmental) (24)
`Medical Malpractice (45)
`Medical Malpractice-
`Physicians & Surgeons
`Other Professional Health Care
`Malpractice
`Other Pl/PDNVD (23)
`Premises Liability (e.g., slip
`and fall)
`Intentional Bodily lnjury/PD/WD
`(e.g., assault, vandalism)
`Intentional Infliction of
`Emotional Distress
`Negligent lnfliction of
`Emotional Distress
`Other Pl/PDNVD
`Non-PIIPDIWD (Other) Tort
`Business Tort/Unfair Business
`Practice (07)
`Civil Rights (e.g., discrimination,
`false arrest) (not civil
`harassment) (08)
`Defamation (e.g., slander, libel)
`(13)
`Fraud (16)
`Intellectual Property (19)
`Professional Negligence (25)
`Legal Malpractice
`Other Professional Malpractice
`(not medical or legal)
`Other Non-PIIPDIWD Tort (35)
`Employment
`Wrongful Termination (36)
`Other Employment (15)
`
`cM-o1o [Rev. July 1. 2007]
`
`CM-01O
`
`Provisionally Complex Civil Litigation (Cal.
`Rules of Court Rules 3.400—3.403)
`Antitrust/Trade Regulation (03)
`Construction Defect (10)
`Claims Involving Mass Tort (40)
`Securities Litigation (28)
`Environmental/Toxic Tort (30)
`Insurance Coverage Claims
`(arising from provisionally complex
`case type listed above) (41)
`Enforcement of Judgment
`Enforcement of Judgment (20)
`Abstract of Judgment (Out of
`County)
`Confession of Judgment (non—
`domestic relations)
`Sister State Judgment
`Administrative Agency Award
`(not unpaid taxes)
`Petition/Certification of Entry of
`Judgment on Unpaid Taxes
`Other Enforcement of Judgment
`Case
`Miscellaneous Civil Complaint
`RICO (27)
`Other Complaint (not specified
`above) (42)
`Declaratory Relief Only
`lnjunctive Relief Only (non-
`harassment)
`Mechanics Lien
`Other Commercial Complaint
`Case (non-tort/non—complex)
`Other Civil Complaint
`(non—tort/non—complex)
`Miscellaneous Civil Petition
`Partnership and Corporate
`Governance (21)
`Other Petition (not specified
`above) (43)
`Civil Harassment
`Workplace Violence
`Elder/Dependent Adult
`Abuse
`Election Contest
`Petition for Name Change
`Petition for Relief From Late
`Claim
`Other Civil Petition
`
`Page 2 of 2
`
`

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