Opinion

Guillermo Bill Gonzalez v. Anheuser-Busch Companies

Court
District Court, C.D. California
Filed
Apr 18, 2023
Cited by
0 cases
Authority
More cited than 16.4%

“[T]he party 15 opposing arbitration must demonstrate that the contract 16 as a whole or a specific clause in the contract is both 17 procedurally and substantively unconscionable.”

How later courts described this case

  • “[T]he party 15 opposing arbitration must demonstrate that the contract 16 as a whole or a specific clause in the contract is both 17 procedurally and substantively unconscionable.”
  • “The fact that [a declarant] did 2 not complete [a form] himself, and his failure to 3 identify either the specific person who completed [the 4 form] or when that person completed it, do not keep [the 5 form] from being a business record.”
  • “[D]ue 16 regard must be given to the federal policy favoring 17 arbitration, and ambiguities as to the scope of the 18 arbitration clause itself resolved in favor of 19 arbitration.”
  • holding that an 15 employee impliedly accepted reduced compensation by 16 continuing to work after receiving a letter from the 17 employer regarding the compensation change

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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CV 21-08060-RSWL-MAR x

12 GUILLERMO BILL GONZALEZ,

ORDER re:

13 Plaintiff,

Defendant’s Motion to

14 v. Compel Arbitration [17]

15

ANHEUSER-BUSCH COMPANIES,

16 et al.,

17 Defendant.

18

Plaintiff Guillermo Bill Gonzalez (“Plaintiff”)

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brings this Action against Defendant Anheuser-Busch

20

Commercial Strategy, LLC (“Defendant”) alleging: 1)

21

disability discrimination; 2) age discrimination; 3)

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failure to accommodate a disability; 4) failure to

23

engage in the interactive process; 5) retaliation; 6)

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wrongful termination; 7) constructive discharge; 8)

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violation of the California Family Rights Act; and 9)

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failure to pay all wages due and owed at the time of

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termination. Currently before the Court is Defendant’s

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1 Motion to Compel Arbitration (“Motion”) [17].

2 Having reviewed all papers submitted pertaining to

3 the Motion, the Court NOW FINDS AND RULES AS FOLLOWS:

4 the Court GRANTS Defendant’s Motion.

5 I. BACKGROUND

6 A. Factual Background

7 1. Plaintiff’s Complaint

8 Plaintiff is an individual who resides in the State

9 of California, County of Ventura. Compl. ¶ 1, ECF

10 No. 1-2. Defendant is a large brewing company that

11 operates in the United States. Id. ¶ 12.

12 On July 11, 1978, Defendant hired Plaintiff to work

13 at one of Defendant’s breweries. Id. ¶ 13. Plaintiff

14 worked for Defendant for thirty-five years, eventually

15 becoming a business manager at the brewery. Id. ¶ 14.

16 In 2014, Plaintiff suffered multiple work-related

17 injuries. Id. ¶ 15. Plaintiff stopped working and

18 started to receive disability benefits. Id. Time

19 passed, and Plaintiff recovered to a degree in which he

20 could perform sedentary work. Id. ¶ 16. Plaintiff’s

21 supervisor refused to accommodate Plaintiff and

22 requested that Plaintiff work in a position which

23 required a “great deal of walking.” Id. Due to the

24 supervisor’s demands, Plaintiff quit working for

25 Defendant. Id. In 2019, as a condition of a worker’s

26 compensation settlement, Plaintiff agreed to never

27 return to work for Defendant. Id. ¶¶ 17-18.

28 ///

1 B. Procedural Background

2 On April 13, 2021, Plaintiff filed his Complaint

3 [1-2] in the Superior Court of the State of California,

4 County of Los Angeles. On October 8, 2021, Defendant

5 filed its Notice of Removal [1].

6 On December 6, 2022, Defendant filed the instant

7 Motion to Compel Arbitration [17]. On January 17, 2023,

8 Plaintiff opposed [21]. On January 24, 2023, Defendant

9 replied [22].

10 II. DISCUSSION

11 A. Legal Standard

12 “[T]he Federal Arbitration Act (“FAA”) makes

13 agreements to arbitrate ‘valid, irrevocable, and

14 enforceable, save upon such grounds as exist at law or

15 in equity for the revocation of any contract.’” AT&T

16 Mobility LLC v. Concepcion, 563 U.S. 333, 336 (2011)

17 (quoting 9 U.S.C. § 2).

18 Provided that a court is “satisfied that the making

19 of the agreement for arbitration or that failure to

20 comply therewith is not an issue,” the court is required

21 to direct the parties to proceed to arbitration. See 9

22 U.S.C. § 4; Rent-A-Center, W., Inc. v. Jackson, 561 U.S.

23 63, 68 (2010). When Congress enacted FAA section 2, it

24 intended to declare a “national policy favoring

25 arbitration.” Southland Corp. v. Keating, 465 U.S. 1,

26 10 (1984). “[A]ny doubts concerning the scope of

27 arbitrable issues should be resolved in favor of

28 arbitration.” Ferguson v. Corinthian Colls., Inc.,

1 733 F.3d 928, 938 (9th Cir. 2013).

2 “Generally, a court’s role under the FAA is limited

3 to determining ‘two gateway issues: (1) whether there is

4 an agreement to arbitrate between the parties; and

5 (2) whether the agreement covers the dispute.’” Manuwal

6 v. BMW of N. Am., LLC, 484 F. Supp. 3d 862, 865

7 (C.D. Cal. 2020) (quoting Brennan v. Opus Bank, 796 F.3d

8 1125, 1130 (9th Cir. 2015)).

9 B. Discussion

10 In deciding a motion to compel arbitration under

11 the FAA, a court’s inquiry is limited “to determining

12 (1) whether a valid agreement to arbitrate exists and,

13 if it does, (2) whether the agreement encompasses the

14 dispute at issue.” Revitch v. DIRECTV, LLC, 977 F.3d

15 713, 716 (9th Cir. 2020) (quoting Chiron Corp. v. Ortho

16 Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir.

17 2000)). “If the response is affirmative on both counts,

18 then the [FAA] requires the court to enforce the

19 arbitration agreement in accordance with its terms.”

20 Id.

21 “Under California law, ‘the party opposing

22 arbitration bears the burden of proving any defense,

23 such as unconscionability.’” Poublon v. C.H. Robinson

24 Co., 846 F.3d 1251, 1260 (9th Cir. 2017) (quoting

25 Pinnacle Museum Tower Ass’n v. Pinnacle Mkt. Dev. (US),

26 LLC, 55 Cal. 4th 223, 236 (2012)).

27 Here, Plaintiff argues that he is not bound by

28 Defendant’s DRP because Plaintiff never agreed to it.

1 Opp’n at 4:15-17. Furthermore, Plaintiff contends that

2 even if he did accept the terms of Defendant’s DRP, the

3 arbitration agreement is unconscionable and should not

4 be enforced. See id. at 9:15-27.

5 1. Evidentiary Objections

6 Plaintiff objects to excerpts of the Marjorie Yocum

7 Declaration. See Pl.’s Evid. Objs., ECF No. 21-3.

8 Defendant objects to excerpts of the Guillermo Bill

9 Gonzalez and Marc Appell Declarations. See Def.’s Evid.

10 Objs., ECF Nos. 23, 24.

11 “On a motion to compel arbitration, the court

12 applies a standard similar to the summary judgment

13 standard applied under Rule 56 of the Federal Rules of

14 Civil Procedure.” E.g., Alvarez v. T-Mobile USA, Inc.,

15 2011 U.S. Dist. LEXIS 146757, at *8 (E.D. Cal. Dec. 20,

16 2011). Under Federal Rule of Civil Procedure 56, “[a]

17 party may object that the material cited to support or

18 dispute a fact cannot be presented in a form that would

19 be admissible in evidence.” Fed. R. Civ. P. 56(c)(2).

20 Consequently, the focus of an objection on a motion to

21 compel arbitration is not “the admissibility of the

22 evidence’s form” but on the “admissibility of its

23 contents.” See Fraser v. Goodale, 342 F.3d 1032, 1036

24 (9th Cir. 2003). The Court has considered the

25 admissibility of the evidence and has not considered

26 facts that are irrelevant or that could not be in a form

27 that would be admissible at trial. See Norse v. City of

28 Santa Cruz, 629 F.3d 966, 973 (9th Cir. 2010).

1 a. Plaintiff’s Objections

2 Here, Plaintiff’s objects to the Marjorie Yocum

3 Declaration on the grounds that: (1) Ms. Yocum lacks

4 personal knowledge; (2) her testimony is inadmissible

5 hearsay; (3) she is not a qualified witness under

6 Federal Rule of Evidence (“Rule”) 803(6); and (4) her

7 offered documentary evidence lacks foundation. See

8 generally Pl.’s Evid. Objs.

9 Ms. Yocum administers Defendant’s DRP as a

10 “Benefits Manager,” and is familiar with its history and

11 how it currently applies. Decl. of Marjorie Yocum ¶¶ 2-

12 6. Therefore, her statements are within the scope of

13 her job responsibilities and are based on personal

14 knowledge. See Abrahim v. Esis, Inc., No. C-07-04014

15 JCS, 2008 U.S. Dist. LEXIS 8909, at *6-7 (N.D. Cal. Jan.

16 25, 2008) (holding that an employee had personal

17 knowledge of how a company administered its arbitration

18 policy given the employee’s title and job

19 responsibilities).

20 Accordingly, to the extent that Ms. Yocum’s

21 testimony may constitute hearsay, it falls under the

22 Rule 803(6) exception. Considering the Supplemental

23 Declaration of Marjorie Yocum, the requirements of the

24 business record exception are met.1 See generally

25 1 District courts may in their discretion consider a

supplemental declaration or a supplemental piece of testimony

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attached to a reply brief “to the extent that it replies to

27 arguments raised in the Opposition and does not raise new issues

or introduce new information.” Sweet v. Pfizer, 232 F.R.D. 360,

28 364 n.6 (C.D. Cal. 2005).

1 Suppl. Decl. of Marjorie Yocum, ECF No. 22-1; see Fed.

2 R. Evid. 803(6). As to Plaintiff’s specific objection

3 that Ms. Yocum is not a qualified witness, Ms. Yocum is

4 a qualified witness under Rule 803(6) because “[t]he

5 phrase ‘other qualified witness’ is broadly interpreted

6 to require only that the witness understand the record-

7 keeping system.” United States v. Ray, 930 F.2d 1368,

8 1370 (9th Cir. 1990). Ms. Yocum has testified that she

9 understands Defendant’s record keeping as it relates to

10 the DRP. See generally Suppl. Decl. of Marjorie Yocum.

11 Plaintiff lastly objects to Ms. Yocum’s documentary

12 evidence as lacking foundation. “Rule 803(6)’s

13 foundation requirement ‘may be satisfied by the

14 testimony of anyone who is familiar with the manner in

15 which the document was prepared, even if [s]he lacks

16 firsthand knowledge . . . and even if [s]he did not

17 [herself] either prepare the record or even observe its

18 preparation.’” Lomeli v. Midland Funding, LLC, No. 19-

19 CV-01141-LHK, 2019 U.S. Dist. LEXIS 166151, at *16 (N.D.

20 Cal. Sep. 26, 2019) (quoting Miller v. Fairchild Indus.,

21 Inc., 885 F.2d 498, 514 (9th Cir. 1989)).

22 Here, as a qualified witness, Ms. Yocum understands

23 how the DRP is administered, and further understands the

24 DRP’s mailing process. See generally Suppl. Decl. of

25 Marjorie Yocum. Simply because Ms. Yocum did not work

26 for Defendant in 2004 or mail the DRP herself to

27 Plaintiff, does not mean that Rule 803(6) is not

28 satisfied. See United States v. Bland, 961 F.2d 123,

1 127 (9th Cir. 1992) (“The fact that [a declarant] did

2 not complete [a form] himself, and his failure to

3 identify either the specific person who completed [the

4 form] or when that person completed it, do not keep [the

5 form] from being a business record.”). While Plaintiff

6 has not demonstrated that Ms. Yocum’s testimony lacks

7 trustworthiness, Ms. Yocum has testified that credible

8 business records exist that assert that the DRP was

9 mailed to Plaintiff’s address in 2004. See generally

10 Suppl. Decl. of Marjorie Yocum; see generally Pl.’s

11 Evid. Objs.

12 Therefore, after reviewing Plaintiff’s objections

13 to the Marjorie Yocum Declaration, Plaintiff’s

14 objections are OVERULLED.

15 b. Defendant’s Objections

16 Given that the Court does not rely on the excerpts

17 to which Defendant objects to in the Guillermo Bill

18 Gonzalez and Marc Appell Declarations, the Court DENIES

19 as moot Defendant’s objections to those

20 Declarations. See Muhammad v. Reese L. Grp., APC, No.

21 16cv2513-MMA (BGS), 2017 U.S. Dist. LEXIS 91792, at *5

22 (S.D. Cal. June 14, 2017) (denying evidentiary

23 objections as moot in which the court “did not rely on

24 the . . . declarations and exhibits in ruling on the . .

25 . motion.”).

26 2. A Valid Arbitration Agreement Exists

27 General California principles of contract law

28 determine whether parties have entered into a binding

1 agreement to arbitrate. See Chan v. Drexel Burnham

2 Lambert, Inc., 178 Cal. App. 3d 632, 640 (1986). A

3 party’s acceptance of an agreement to arbitrate may be

4 express or implied. See Gorlach v. Sports Club Co., 209

5 Cal. App. 4th 1497, 1507 (2012).

6 In California, an at-will employee accepts changed

7 employment terms if the employee continues working after

8 the employer gives notice of the changed terms. See

9 Asmus v. Pac. Bell, 23 Cal. 4th 1, 11 (2000)

10 (“California law permits employers to implement policies

11 that may become unilateral implied-in-fact contracts

12 when employees accept them by continuing their

13 employment.”); see also DiGiacinto v. Ameriko-Omserv

14 Corp., 59 Cal. App. 4th 629, 632 (1997) (holding that an

15 employee impliedly accepted reduced compensation by

16 continuing to work after receiving a letter from the

17 employer regarding the compensation change).

18 Here, Defendant argues the DRP is a binding

19 agreement between the Parties to arbitrate because

20 Plaintiff accepted the DRP’s terms by continuing to be

21 employed by Defendant and the DRP is not substantively

22 and procedurally unconscionable. See generally Mot.

23 a. Plaintiff Agreed to Arbitrate His

24 Employment Disputes with Defendant

25 “Under both [California] and federal law, a

26 properly mailed letter is presumed to have been

27 received.” Pollok v. Vanguard Grp., Inc., 774 F. App’x

28 407, 408 (9th Cir. 2019). “When there is evidence of

1 mailing, it can only be rebutted by actual evidence of

2 non-receipt.” Chavez v. Bank of Am., No. C 10-653 JCS,

3 2011 U.S. Dist. LEXIS 116630, at *19 (N.D. Cal. Oct. 7,

4 2011) (holding that a plaintiff’s specific factual

5 denial of receipt was insufficient to rebut the

6 presumption of mailing).

7 Plaintiff began working for Defendant in 1978.

8 Compl. ¶ 13. Defendant started its DRP in 1994. See

9 Decl. of Marjorie Yocum ¶ 4. Defendant updated its DRP

10 in 2004. Id. ¶ 5.

11 In 2004, Defendant sent a packet in the mail

12 explaining the DRP updates to Plaintiff. Id. ¶ 6. The

13 DRP packet explained what arbitration is and explained

14 that Plaintiff was making a new binding agreement by

15 continuing to be employed by Defendant. See Decl. of

16 Marjorie Yocum, Ex. 1 at 2. The DRP packet explained to

17 Plaintiff that by continuing to be employed by

18 Defendant, Plaintiff agreed to submit all his “covered

19 claims” to arbitration. Id. at 1.

20 In 2004, Defendant noted and recorded that it sent

21 a DRP packet through the mail to Plaintiff’s home

22 address. See Decl. of Marjorie Yocum ¶ 7. In 2019,

23 Plaintiff stopped working for Defendant. Compl. ¶¶ 17-

24 18.

25 In his declaration attached to the Opposition,

26 Plaintiff asserts that he has “never received, saw, or

27 heard of the [DRP] letter . . . attached to Ms. Yocum’s

28 declaration prior to this [M]otion being filed.” Decl.

1 of Guillermo Bill Gonzalez ¶ 6, ECF No. 22-1. Plaintiff

2 further asserts that no one discussed Defendant’s DRP

3 with him and he never agreed to arbitrate his employment

4 disputes. Id. ¶¶ 7-8. This alone is insufficient to

5 show that Plaintiff did not receive the DRP packet. See

6 Castro v. Macy's, Inc., No. C 16-5991 CRB, 2017 U.S.

7 Dist. LEXIS 9925, at *9 (N.D. Cal. Jan. 24, 2017)

8 (holding that an employee’s “mere denial of receipt” of

9 an arbitration agreement was insufficient to show that

10 the agreement was not received in the mail).

11 Given that Plaintiff continued to be employed by

12 Defendant after receiving the 2004 updated DRP packet,

13 Plaintiff has accepted the DRP terms, and he has agreed

14 to arbitrate his employment disputes with Defendant.

15 See Cal. Labor & Workforce Dev. Agency v. Compucom Sys.,

16 No. 2:21-cv-02327-KJM-KJN, 2022 U.S. Dist. LEXIS 133411,

17 at *6 (E.D. Cal. July 26, 2022) (“An employee consents

18 even if he does not sign the arbitration agreement or

19 otherwise affirmatively consent to the change.”).

20 b. The DRP Is Not Unconscionable

21 Plaintiff argues that the arbitration agreement

22 encompassed in Defendant’s DRP is unconscionable. Opp’n

23 at 9:15-15:17. “Under California law both procedural

24 and substantive unconscionability must ‘be present in

25 order for a court to exercise its discretion to refuse

26 to enforce a contract or clause under the doctrine of

27 unconscionability.’” Acevedo v. Russell Cellular, No.

28 1:20-cv-01440-, 2021 U.S. Dist. LEXIS 49300, at *23

1 (E.D. Cal. Mar. 16, 2021) (quoting Peng v. First

2 Republic Bank, 219 Cal. App. 4th 1462, 1469 (2013)).

3 i. Procedural Unconscionability

4 Plaintiff argues that the DRP is procedurally

5 unconscionable because it was given to Plaintiff on a

6 “take-it-or-leave-it” basis or it constituted an

7 adhesion contract in which Plaintiff had little ability

8 to bargain. Opp’n at 10:15-11:9. When assessing

9 procedurally unconscionability, “[t]he court focuses on

10 whether the contract was one of adhesion.” Soltani v.

11 W. & S. Life Ins. Co., 258 F.3d 1038, 1042 (9th Cir.

12 2001). “A contract of adhesion is defined as a

13 standardized contract, imposed upon the subscribing

14 party without an opportunity to negotiate the terms.”

15 Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1281 (9th

16 Cir. 2006). Here, Defendant does not argue that the DRP

17 is an adhesion contract. See Mot. at 19:9 (“[T]he DRP

18 Policy Manual represents an adhesion contract[.]”).

19 Therefore, there is at least some degree of procedural

20 unconscionability in the DRP. See Molina v.

21 Scandinavian Designs, Inc., No. 13-cv-04256 NC, 2014

22 U.S. Dist. LEXIS 55863, at *23 (N.D. Cal. Apr. 21, 2014)

23 (“[B]ecause the [a]rbitration [a]greement is an adhesion

24 contract offered to a person with little bargaining

25 power on a take-it-or-leave-it basis, the [c]ourt finds

26 that the [a]rbitration [a]greement contains a minimal

27 degree of procedural unconscionability.”); see also

28 Davis v. Kozak, 53 Cal. App. 5th 897, 907 (2020)

1 (“[A]dhesion establishes only a “low” degree of

2 procedural unconscionability.”)

3 ii. Substantive Unconscionability

4 “The substantive element of the unconscionability

5 analysis focuses on overly harsh or one-sided results.”

6 Baxter v. Genworth N. Am. Corp., 16 Cal. App. 5th 713,

7 724 (2017). When assessing substantive

8 unconscionability, courts look to see whether the terms

9 “are unreasonably favorable to the [more powerful]

10 party.” Sonic-Calabasas A, Inc. v. Moreno, 57 Cal. 4th

11 1109, 1145 (2013).

12 Plaintiff argues that the DRP is substantively

13 unconscionable because the DRP requires Plaintiff to

14 first present his disputes to “Local Management Review,”

15 which will give Defendant a “sneak peak of his entire

16 case.” Opp’n at 11:24-12:9. However, the DRP similarly

17 requires Defendant to disclose information to Plaintiff

18 prior to arbitration. See Decl. of Marjorie Yocum, Ex.

19 1 at 3-5. Given the bilateral nature of the DRP’s

20 internal review mechanism, it is not one sided or

21 substantively unconscionable. See Harper v. Charter

22 Commc’ns., LLC, No. 2:19-cv-01749 WBS DMC, 2019 U.S.

23 Dist. LEXIS 218440, at *13-14 (E.D. Cal. Dec. 18, 2019)

24 (holding that since the requirements of an internal

25 review term in an arbitration agreement applied equally

26 to both the company and the employee, it was not one

27 sided).

28 Furthermore, Plaintiff argues that the DRP is

1 unconscionable because Plaintiff must proceed to

2 mediation and pay $50. Opp’n at 12:10-15. However,

3 Plaintiff will pay less proceeding through the DRP than

4 if Plaintiff paid an initial filing fee to litigate his

5 claims. See Colvin v. NASDAQ OMX Grp., Inc., No. 15-cv-

6 02078-EMC, 2015 U.S. Dist. LEXIS 149932, at *26 (N.D.

7 Cal. Nov. 4, 2015) (finding “no substantive

8 unconscionability because there is no evidence that the

9 [arbitration program] will require [the] [p]laintiff to

10 pay more than the initial filing fee.”).

11 Plaintiff also argues that the DRP is substantively

12 unconscionable because it limits Plaintiff’s ability to

13 conduct discovery. Opp’n at 13:13-26. However,

14 “[l]imited discovery rights are the hallmark of

15 arbitration.” Coast Plaza Doctors Hosp. v. Blue Cross

16 of Cal., 83 Cal. App. 4th 677, 689 (2000). Furthermore,

17 the DRP provides that the arbitrator can expand

18 discovery if the requesting party provides a good

19 justification to expand it. See Decl. of Marjorie

20 Yocum, Ex. 1 at 13. Here, the DRP allows for two

21 individual depositions and ten interrogatories. See id.

22 These limitations do not make the DRP substantively

23 unconscionable. See Abeyrama v. J.P. Morgan Chase Bank,

24 No. CV12-00445 DMG (MRWx), 2012 U.S. Dist. LEXIS 87847,

25 at *12 (C.D. Cal. June 22, 2012) (“While the arbitration

26 agreement normally allows only two depositions, such

27 limitations are generally legal if either party can ask

28 the arbitrator to expand discovery for good cause.”);

1 see also Maxson v. Beazer Homes Holdings Corp., No. SA

2 CV 17-0583-DOC (AFMx), 2017 U.S. Dist. LEXIS 225839, at

3 *13-14 (C.D. Cal. June 21, 2017) (holding that an

4 arbitration agreement which limited a party to ten

5 interrogatories was not substantively unconscionable

6 because the arbitrator was allowed to expand discovery

7 as appropriate).

8 Thus, Plaintiff has failed to establish that the

9 DRP is substantively unconscionable. Therefore, even

10 though the DRP may be somewhat procedurally

11 unconscionable, it is not substantively unconscionable,

12 and Plaintiff has not met his burden of showing

13 unconscionability. See Poublon v. C.H. Robinson Co.,

14 846 F.3d 1251, 1260 (9th Cir. 2017) (“[T]he party

15 opposing arbitration must demonstrate that the contract

16 as a whole or a specific clause in the contract is both

17 procedurally and substantively unconscionable.”).

18 3. The DRP Encompasses the Disputes at Issue

19 Plaintiff does not dispute that the DRP applies to

20 his employment related claims in this Action. See

21 generally Opp’n.

22 Here, the DRP specifies that covered claims

23 include: “(1) involuntary terminations . . . when those

24 terminations are alleged to be discriminatory; (2)

25 [e]mployment discrimination and harassment claims based

26 on . . . disability; (3) retaliation claims; (4)

27 [c]laims relating to workplace accommodation due to

28 disabilities; [and] (5) [c]laims of violation of public

1 policy.” Decl. of Marjorie Yocum, Ex. 1 at 5.

2 Plaintiff asserts nine claims in his Complaint: (1)

3 disability discrimination; (2) age discrimination; (3)

4 failure to accommodate a disability; (4) failure to

5 engage in the interactive process; (5) retaliation; (6)

6 wrongful termination; (7) constructive discharge; (8)

7 violation of the California Family Rights Act; and (9)

8 failure to pay all wages due and owed at the time of

9 termination. See generally Compl. In general,

10 Plaintiff’s claims are work-related disability,

11 retaliation, and wrongful termination claims that

12 clearly fall within the DRP’s specified covered claims.

13 Thus, the Court finds that the DRP encompasses all the

14 claims at issue in this Action. See Mastrobuono v.

15 Shearson Lehman Hutton, 514 U.S. 52, 62 (1995) (“[D]ue

16 regard must be given to the federal policy favoring

17 arbitration, and ambiguities as to the scope of the

18 arbitration clause itself resolved in favor of

19 arbitration.”). Therefore, the Court GRANTS Defendant’s

20 Motion to Compel Arbitration.

21 4. Dismiss or Stay the Action

22 Having determined that the Parties’ disputes are

23 arbitrable, the Court next addresses whether to stay or

24 dismiss this Action pending completion of the

25 arbitration proceedings. Under the FAA, if the court is

26 satisfied that a dispute is referable to arbitration, it

27 “shall on application of one of the parties stay the

28 trial of the action until such arbitration has been had

1 in accordance with the terms of the agreement.”

2 9 U.S.C. § 3. The Ninth Circuit has held that,

3 “notwithstanding the language of § 3, a district court

4 may either stay the action or dismiss it outright when,

5 as here, the court determines that all of the claims

6 raised in the action are subject to arbitration.”

7 Johnmohammadi v. Bloomingdale’s, Inc., 755 F.3d 1072,

8 1074 (9th Cir. 2014). All of Plaintiff’s claims are

9 subject to arbitration. Plaintiff did not argue for a

10 stay in the event the Court compelled arbitration of all

11 claims. See generally Opp’n. Defendant argued the

12 Court should either dismiss or stay the Action pending

13 arbitration. See Mot. at 22:17-28. Here, given that

14 all the claims in this Action are subject to

15 arbitration, the Court in its discretion DISMISSES the

16 Action without prejudice.

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1 III. CONCLUSION

2 Based on the foregoing, the Court GRANTS

3 Defendants’ Motion to Compel Arbitration and ORDERS the

4 Parties to arbitrate their disputes in accordance with

5 the terms of the DRP. This Action is DISMISSED without

6 prejudice. The Clerk of the Court shall close this

7 Action.

8

9 IT IS SO ORDERED.

10

11 DATED: April 18, 2023 /s/Ronald S.W. Lew

HONORABLE RONALD S.W. LEW

12

Senior U.S. District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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