Inostroza

I. BACKGROUND

Amazon provides an online marketplace for the sale of products through its website, Amazon.com. In November 2020, Justin Inostroza and Mackenzie Grissom (collectively, plaintiffs) — who use this marketplace to sell products under their own names — filed an action against Amazon alleging numerous violations of the Labor Code under PAGA, including that Amazon improperly classified them, and other California sellers they represent by proxy, as independent contractors instead of as employees. Amazon disputes these contentions. A. Amazon’s Motion to Compel Arbitration and Dismiss Case On July 29, 2022, Amazon moved to compel arbitration on the ground that plaintiffs agreed to individually arbitrate disputes when they signed up to become sellers on Amazon.com.1 As evidentiary support for the motion, Amazon submitted a declaration prepared by its employee, Clarice Cohn. Cohn declared that she has worked for Amazon since 2017 and, at the time of executing the declaration, worked as a litigation paralegal. She stated that “[b]ased on [her] job responsibilities and [her] review of Amazon’s business records, as well as [her] years of work in Amazon’s Legal Department, [she…