BROWNLEE v. CALIFORNIA INTERMODAL ASSOCIATES, INC.


MOTION FOR RECONSIDERATION REGARDING DEFENDANTS’ MOTION TO COMPEL INDIVIDUAL ARBITRATION AND TO DISMISS, OR IN THE ALTERNATIVE, STAY THE PROCEEDINGS

TENTATIVE RULING

Grant reconsideration of the Court’s October 26, 2016 Ruling and Order re: Arbitration; upon reconsideration, grant defense motion and modify the October 26, 2016 ruling accordingly.

DISCUSSION

I. Background

Plaintiff Jason Brownlee (“Plaintiff”) has brought this putative class action against Defendants California Intermodal Associates, Inc. (“CIA”) and California Transportation Dynamics, LLC (“CTD”) (collectively, “Defendants”). Defendants provide intermodal and warehousing services, and utilize drivers, which retrieve container freight from ports and rail yards, and then drive long distances to deliver the freight to Defendants’ customers. [Complaint, ¶1.] Plaintiff alleges Defendants misclassified him and their other intermodal truck drivers (“Drivers”) as “i