Judge: James A. Mangione, Case: 37-2023-00027109-CU-OE-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00027109-CU-OE-CTL KHAN VS HEARTLAND PAYMENT SYSTEMS LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Defendant Heartland Payment Systems, LLC's Motion to Compel Arbitration is granted in part.

The Court finds that the California Sales Employee Agreement ('Agreement') is a valid agreement to arbitrate between the parties which encompasses the class action claims asserted by Plaintiff.

Additionally, the Court finds that Plaintiff has failed to establish that the arbitration agreement is unconscionable. Any procedural unconscionability is minimal, and the arbitration agreement satisfies the five-factor test established in Armendariz v. Found. Health Psychcare Servs., Inc. (2000) 24 Cal. 4th 83, 102.

The Court finds that, pursuant to subdivision (e) of paragraph 19 of the Agreement, Plaintiff's individual PAGA claims are not subject to arbitration. Subdivision (e) states '[n]otwithstanding the foregoing, nothing herein shall prevent Employee from filing and pursuing' a PAGA claim in court.

Merriam-Webster defines 'notwithstanding' as 'despite' or 'nevertheless' and 'forgoing' as 'listed, mentioned, or occurring before.' Given that subdivision (e) is the final section of paragraph 19, which itself constitutes an agreement independent of the overall contract, the only reasonable interpretation of this clause is that it permits court resolution of PAGA claims despite any other provision of paragraph 19.

Therefore, the parties expressly excluded PAGA claims from arbitration.

Plaintiff's class action claims are ordered to arbitration, and the remaining causes of action are stayed pending arbitration. The Court sets a status conference on July 26, 2024, at 9:45 a.m. in this Department.

All requests for judicial notice are granted.

The minute order is the order of the Court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3030210  11