Defendant The Ely Co., Inc.’s Petition to Compel Arbitration and to Stay or Dismiss Claims is GRANTED. The action is stayed pending the outcome of arbitration.
Procedurally, a petition to compel arbitration or stay proceedings must state verbatim the provisions providing for arbitration, or must have a copy of them attached. (CRC Rule 3.1330.) The arbitration provisions at issue are attached as Exhibit A to the declaration of Walter Senff, President of The Ely Co. Plaintiff’s signature appears directly under the heading “Agreement for Binding Arbitration” which agrees to the “Arbitration Agreement section of this manual.” (Senff Decl. Ex. A at 24.) The arbitration provisions provide:
[I]f any dispute, controversy or claim between us, including without limitation, contract claims, tort claims, breach of duty claims, wrongful termination claims, wage claims, claims of discrimination or harassment (whether in the hiring process or after employment) and all other common law and statutory
Hearing Date
July 26, 2017
Type
Wrongful Termination (General Jurisdiction)
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Defendant The Ely Co., Inc.’s Petition to Compel Arbitration and to Stay or Dismiss Claims is GRANTED. The action is stayed pending the outcome of arbitration.
Procedurally, a petition to compel arbitration or stay proceedings must state verbatim the provisions providing for arbitration, or must have a copy of them attached. (CRC Rule 3.1330.) The arbitration provisions at issue are attached as Exhibit A to the declaration of Walter Senff, President of The Ely Co. Plaintiff’s signature appears directly under the heading “Agreement for Binding Arbitration” which agrees to the “Arbitration Agreement section of this manual.” (Senff Decl. Ex. A at 24.) The arbitration provisions provide:
[I]f any dispute, controversy or claim between us, including without limitation, contract claims, tort claims, breach of duty claims, wrongful termination claims, wage claims, claims of discrimination or harassment (whether in the hiring process or after employment) and all other common law and statutory