Judge: Glenn R. Salter, Case: 22-1284668, Date: 2023-08-03 Tentative Ruling

Motion to Compel Arbitration

This action alleges defendants engaged in workplace discrimination and retaliation, including sexual harassment, against the plaintiff.

Defendant Mattress Firm, Inc., filed a motion to compel arbitration pursuant to a written agreement.  (See Code Civ. Proc., § 1281.2.)  Joinders were filed by other named defendants.

There is evidence plaintiff signed an arbitration agreement as part of the application process.  A copy of it is attached to the declaration of Chris Loll as Exhibit “A.”  (ROA 39.)  There is also evidence the arbitration provision covers the claims made.  (The court notes that the plaintiff does not appear to dispute the breadth of the arbitration provision.)  Based on this, the court makes the preliminary finding that there is an enforceable arbitration agreement.  The agreement falls under the Federal Arbitration Act.

However, there is a delegation clause within the arbitration agreement that provides:  “The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement [].”

Thus, the parties have agreed that the arbitrator will decide issues such as whether, and to what extent, the recent federal law entitled “Ending Forced Arbitration for Sexual Assault and Sexual Harassment Act of 2021” controls, especially given that the alleged sexual harassment occurred both before and after the effective date of the federal legislation.  The court is obligated to enforce the agreement of the parties.  (Mendoza v. Trans Valley Transport (2022) 75 Cal.App.5th 748, 767-768.)

The motion to compel arbitration is GRANTED.  The joinder motions are GRANTED.  The action is STAYED pending the arbitrator’s determination as to the applicability and enforceability of the arbitration agreement.

The court sets a Status Conference for November 16, 2023, at 8:30 am.

Case Management Conference

The Case Management Conference is CONTINUED on the court’s own motion to November 16, 2023, at 8:30 am.

Notice

The movant shall give notice.