Judge: Mark H. Epstein, Case: 22SMCV00371, Date: 2022-12-14 Tentative Ruling

Case Number: 22SMCV00371    Hearing Date: December 14, 2022    Dept: R

The unopposed motion to compel arbitration is GRANTED.  The action is STAYED.

Plaintiff sued defendant alleging discrimination and harassment as well as wage and hour issues.  The employment contract contained an arbitration provision.  According to the moving papers, to apply for plaintiff’s position plaintiff had to go through a site run by PeopleMatter.  A prospective employee had to provide various identifiers to submit the application and to keep their credentials confidential.  Once hired, the employee was presented with the arbitration agreement electronically.  The applicant was told that it was required to read and agree to the various agreements, one of which was called the “At Will Arbitration Agreement.”  Plaintiff here was required to check a box saying that plaintiff had agreed to the terms, including that agreement. 

The agreement’s terms plainly cover the causes of action alleged here.  And, while there is recent legislation that would allow plaintiff to avoid arbitration, it does not apply to this agreement.

No one contends that the arbitration agreement was unconscionable, and the court cannot find that it is unconscionable under California law, which requires at least some showing of substantive unconscionability.  Thus, the clause is applicable and enforceable.

Defendant asks the court to dismiss the action.  The court exercises its discretion not to dismiss the action, but rather to stay it pending the outcome of the arbitration.