1) Defendant Jorge Avila’s Motion to Compel Arbitration and to Stay Proceedings
2) Defendant Chase Layton and JFAT Brea LLC’s Motion to Compel Arbitration and for a Stay of Proceedings
Defendants’ motions to compel arbitration are granted and arbitration of Plaintiff’s individual claims is compelled. The reminder of the action, Plaintiff’s 9th (UCL) and 10th (PAGA) causes of action, are stayed pending arbitration.
Plaintiff does not dispute entering the arbitration agreement which is attached as Exhibit A to the Declaration of Merilee Ekstrom. The agreement covers “all disputes that may arise out of or be related in any way to [plaintiff’s] employment.”
Thus, it covers the claims made in Plaintiff’s complaint. However, Plaintiff argues that the agreement is unconscionable and, therefore, unenforceable. Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114; Code Civ. Proc., § 1281. For an arbitration agreement to be unenforceable, both procedural and substan
Hearing Date
October 19, 2018
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1) Defendant Jorge Avila’s Motion to Compel Arbitration and to Stay Proceedings
2) Defendant Chase Layton and JFAT Brea LLC’s Motion to Compel Arbitration and for a Stay of Proceedings
Defendants’ motions to compel arbitration are granted and arbitration of Plaintiff’s individual claims is compelled. The reminder of the action, Plaintiff’s 9th (UCL) and 10th (PAGA) causes of action, are stayed pending arbitration.
Plaintiff does not dispute entering the arbitration agreement which is attached as Exhibit A to the Declaration of Merilee Ekstrom. The agreement covers “all disputes that may arise out of or be related in any way to [plaintiff’s] employment.”
Thus, it covers the claims made in Plaintiff’s complaint. However, Plaintiff argues that the agreement is unconscionable and, therefore, unenforceable. Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114; Code Civ. Proc., § 1281. For an arbitration agreement to be unenforceable, both procedural and substan