On May 21, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Martinez, Esteban,
and
Does 1-20,
Mcgee, Trent,
"T" Mcgee Electric, Inc,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
Preview
'
CONN
I
R C00,:
Nfigflmé
D
‘1‘482‘9214‘OH/w
A
10. Martinez v. T. McGee Electric, Inc. et al. mgmifllvo
“'T
Clvssz1 14427 067 1 8 .2 a
Motion to Dismiss By 0C?
Tentative Ruling:
J fl ‘
a
Defendant's motion is ill-conceived on several levels. First, the Viking River
Cruises case applies only if the Federal Arbitration Act (FAA) applies, but defendant has
made no showing that the FAA governs. Second, defendant has made no showing that
an arbitration agreement with plaintiff exists. Third, unlike a class action, aggrieved
employees have no ability to “opt-out" of a PAGA case. The mqtiofi is denied.
Page 7 of 11
CVSZ6101822
Document Filed Date
October 18, 2022
Case Filing Date
May 21, 2021
Category
Complex Civil Unlimited
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' CONN I R C00,: Nfigflmé D ‘1‘482‘9214‘OH/w A 10. Martinez v. T. McGee Electric, Inc. et al. mgmifllvo “'T Clvssz1 14427 067 1 8 .2 a Motion to Dismiss By 0C? Tentative Ruling: J fl ‘ a Defendant's motion is ill-conceived on several levels. First, the Viking River Cruises case applies only if the Federal Arbitration Act (FAA) applies, but defendant has made no showing that the FAA governs. Second, defendant has made no showing that an arbitration agreement with plaintiff exists. Third, unlike a class action, aggrieved employees have no ability to “opt-out" of a PAGA case. The mqtiofi is denied. Page 7 of 11 CVSZ6101822