Jazmin Ayala-Ventura filed a putative class action complaint against her former employer, CCS Facility Services-Fresno Inc. (CCS), alleging various state law violations for unpaid wages, meal and rest break violations, failure to reimburse business expenses, and unlawful business practices.  CCS moved to compel arbitration of Ayala-Ventura’s claims pursuant to an arbitration agreement she executed when she was hired.  The trial court granted CCS’s motion, ordered arbitration of Ayala-Ventura’s individual claims, and dismissed the class claims.

On appeal, Ayala-Ventura contends:  (1) the arbitration agreement is unconscionable because it is overbroad, lacks mutuality, and indefinite in duration; and (2) the trial court is bound by stare decisis to follow Cook v. University of Southern California (2024) 102 Cal.App.5th 312 (Cook), and erred by finding Cook factually distinguishable, not persuasive, and not binding. 

Given the uncertainty of the trial court order’s appealability, we deem the appeal a petition for writ of mandate.  We deny the petition on the merits.

https://www4.courts.ca.gov/opinions/documents/F089695.PDF