California Court of Appeal

In this employment discrimination action, order denying defendants' motion to compel arbitration is reversed with directions to grant the motion, where: 1) the arbitration clause in the employment application, standing alone, is sufficient to establish that the parties agreed to arbitrate their employment-related disputes, and that plaintiff's claims against defendant Kroger fall within the ambit of the arbitration agreement; and 2) because of Kroger's inability to establish the contents of the 2007 Arbitration Policy, defendants have failed to establish that the parties agreed to govern their arbitration by procedures different from those prescribed in the California Arbitration Act (CAA), and as such, the arbitration is to be governed by the CAA.

Appellate Information

• Decided 01/20/2015
• Published 01/20/2015

Judges

• Aldrich

Court

• California Court of Appeal

Counsel