Hormigas

Hormigas v. Apartment Management Consultants CA1/2

Good Law
Court of Appeal of CaliforniaSeptember 17, 2024A167657California3,879 words

Opinion

Opinion

Richman, J.

BACKGROUND

The General Setting and the Arbitration Agreements AMC is a real estate asset and property management company. One of the properties it manages is located in Fairfield, California. In December 2018, AMC hired Hormigas as a community manager. In January 2019, AMC hired Castro as a porter. On February 13, 2019, and May 21, 2019, Castro and Hormigas, respectively, each signed a document entitled, “California Binding Arbitration Agreement” (hereafter “Agreements”). Both Agreements state in relevant part: “This Agreement is entered into between [AMC] and the undersigned Employee. Employee acknowledges that any controversy or claim arising out of or relating to Employee’s employment with AMC shall be settled by final and binding arbitration . . . . [¶] “1. Any claim, dispute, and/or controversy that either party may have against the other shall be subject to this Agreement. This includes, but is not necessarily limited to, claims related to compensation . . . . The parties to this Agreement specifically agree that all claims under the California Labor Code, including, but not limited to, claims for overtime, unpaid wages, and claims involving meal and rest breaks shall be…

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