Vail

Vail v. California Coach Towing CA2/4

Good Law
Court of Appeal of CaliforniaJuly 25, 2024B325158California1,003 words

Opinion

Opinion

Zukin, J.

INTRODUCTION

Appellant California Coach Towing, Inc. (California Coach) appeals from an order denying its motion to compel arbitration. California Coach argues the trial court failed to apply the correct legal standard in determining that its right to arbitration had been waived. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Respondents Aaron Vail, Elmer Rivera, and Raul Rosales, Jr., initiated this case against California Coach, their employer, in July 2018. The operative complaint itself is not part of the record here, but other documents indicate that it contains 10 causes of action—six for violations of the Labor Code, three general tort claims, and one for violation of the Private Attorneys General Act (PAGA). Each of the respondents had signed an arbitration agreement with California Coach. The agreements provide that “any claim, dispute, and/or controversy . . . which would otherwise require or allow resort to any court . . . between [respondents] and [California Coach] . . . arising from, related to, or having any relationship or connection whatsoever with [respondents’] seeking employment with, employment by, or other association with [California Coach] . . . shall be…

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