Plaintiff’s Motion to Vacate Court Order of Individual Claim Arbitration or to Reconsider Same is denied. Defendant Maruchan, Inc.’s Request for Judicial Notice is granted.
Plaintiff has not provided any legitimate basis for this court to vacate or reconsider its prior ruling, made almost eight months before plaintiff filed this motion, compelling plaintiff to arbitrate her individual claims and staying her class and PAGA claims. Plaintiff says she is concerned that the court’s order compelling arbitration would extinguish her ability to be a class representative. But if the law provides that the consequence of plaintiff arbitrating her individual claims, like she contractually agreed to do, is losing her ability to be the class representative, then that outcome is simply the legal consequence of her agreement, and it cannot serve as the basis for this court to change its original ruling, which was consistent with the facts and the law.
Defendant PriorityWorkforce is ordered to give no
Hearing Date
August 14, 2020
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Plaintiff’s Motion to Vacate Court Order of Individual Claim Arbitration or to Reconsider Same is denied. Defendant Maruchan, Inc.’s Request for Judicial Notice is granted.
Plaintiff has not provided any legitimate basis for this court to vacate or reconsider its prior ruling, made almost eight months before plaintiff filed this motion, compelling plaintiff to arbitrate her individual claims and staying her class and PAGA claims. Plaintiff says she is concerned that the court’s order compelling arbitration would extinguish her ability to be a class representative. But if the law provides that the consequence of plaintiff arbitrating her individual claims, like she contractually agreed to do, is losing her ability to be the class representative, then that outcome is simply the legal consequence of her agreement, and it cannot serve as the basis for this court to change its original ruling, which was consistent with the facts and the law.
Defendant PriorityWorkforce is ordered to give no