Judge: Peter Wilson, Case: 30-2022-01242092, Date: 2023-05-25 Tentative Ruling

Defendant EFE Ruby’s Diner, LLC’s unopposed Motion to Compel Arbitration and Stay Proceedings is GRANTED.

Defendant presents undisputed evidence that Plaintiff Jose Flores signed a document entitled “Dispute Resolution Agreement” (Arbitration Agreement) during his onboarding. ROA 58, Westfall Decl., ¶2 and Ex. A, Arbitration Agreement. The Arbitration Agreement applies to “all disputes that might arise out of or be related in any way to [Plaintiff’s] employment by the Company…[including] … wage and hour violations”. ROA 58, Arbitration Agreement, ¶1. The Arbitration Agreement encompasses “all disputes that might arise out of or be related in any way to” Plaintiff’s employment including wage and hour violations. ROA 58, Arbitration Agreement, ¶1. Further, the Arbitration Agreement includes a class and collective action waiver and states that “[i]f under applicable law a representative claim under the California Private Attorneys General Act (‘PAGA’) is found to be unwaivable and such action is pursued in court, [the parties] agree that any such PAGA claim will be severed and stayed pending resolution of claims that are arbitrable.” ROA 58, Arbitration Agreement, ¶4.

Accordingly, Plaintiff is ordered to arbitrate his individual claims, including his individual PAGA claims.

The Court further orders a stay of this action, including non-individual PAGA claims, pending completion of arbitration pursuant to CCP § 1281.4.

The status conference is continued to January 19, 2024 at 9:00 a.m., and the parties are ordered to file a joint status report not later than January 12, 2024.

Defendant is ordered to give notice.