The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
AMANDA HALE, Case No. 21-cv-09978-VC
Plaintiff,
ORDER GRANTING MOTION TO
v. COMPEL ARBITRATION AND
GRANTING IN PART MOTION TO
BRINKER INTERNATIONAL, INC., et STRIKE CLASS ALLEGATIONS
al.,
Re: Dkt. No. 53
Defendants.
The motion to compel arbitration is granted. The motion to strike the class allegations
from the operative complaint is granted in part.
Brinker has proven by a preponderance of the evidence that Brewer signed an arbitration
agreement. On the one hand, Brewer says she does not recall ever signing an arbitration
agreement. Dkt. No. 56-1 at 2. On the other, Brinker has attached a copy of the agreement
bearing Brewer’s electronic signature and a declaration from a company human resources
official explaining that employee access to on-boarding documents is keyed to their own unique
username and password. See Dkt. No. 55 at 6–9; Dkt. No. 57-1. On this record, it is more likely
than not that Brewer signed the arbitration agreement. See Klink v. ABC Phones of North
Carolina, Inc., 2021 WL 3709167, at *4 (N.D. Cal. Aug. 20, 2021); cf. Federal Election
Commission v. Toledano, 317 F.3d 939, 950 (9th Cir. 2002).
Brewer is dismissed from this lawsuit. She has not argued that she should remain in the
case to pursue her non-individual PAGA claims—nor does it appear that she would have Article
III standing to do so. Because she must submit her individual claim to arbitration, Brewer has no
injury that this Court can redress. She cannot manufacture standing by relying on the redressable
injuries of third parties. See Magadia v. Wal-Mart Associates, Inc., 999 F.3d 668, 673-78 (9th
Cir. 2021).
The remaining named plaintiffs—Hale and Gomez—are not compelled to arbitrate their
claims, so they couldn’t fairly and adequately represent the interests of class members who
possibly are. See Farr v. Acima Credit LLC, 2021 WL 2826709, at *7 (N.D. Cal. July 7, 2021).
But some of the putative class members signed the same unconscionable arbitration agreement as
Hale and Gomez. For these members, Hale and Gomez remain potentially viable class
representatives. So if a class is certified, it will be limited to this subset of employees.
IT IS SO ORDERED.
Dated: August 29, 2023 Koo.
VINCE CHHABRIA
United States District Judge