Oregel

BACKGROUND

Preliminary Observation We begin with an observation that, as the appellant, PacPizza was tasked with providing in its opening brief a summary of all evidence in the record that is material to the issues raised on appeal. (Cal. Rules of Court, rule 8.204(a)(2)(C); Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881.) This, it failed to do. PacPizza sets forth a less-than-candid “Chronology of Pertinent Events Underlying Appeal” that suggests little

1 transpired in the 17 months between Oregel’s filing of his complaint and PacPizza’s filing of its petition to compel arbitration. Among other things, PacPizza has omitted any discussion of the extensive class discovery it conducted—an omission that is nothing short of brazen given the trial court’s finding that Oregel was prejudiced by the discovery the parties conducted on his class allegations during the lengthy period of time PacPizza delayed in seeking arbitration. What follows is a chronology of what actually transpired. Oregel’s Job Application On July 24, 2008, Oregel submitted a written application for a job as a delivery driver at PacPizza’s Pizza Hut restaurant in El Cerrito. At the bottom of the two-page…