Thompson

Thompson v. SF Markets CA1/5

Good Law
Court of Appeal of CaliforniaSeptember 23, 2024A167659California4,100 words

Opinion

Opinion

Chou, J.

I. FACTS AND PROCEDURAL HISTORY

A. Arbitration Agreement The parties entered into a “Mutual Binding Arbitration Agreement” (Arbitration Agreement or Agreement) in connection with Thompson’s employment with SF Markets. The third paragraph of the Agreement required Thompson to submit all “claim[s]” (as defined) to final and binding arbitration administered by Judicial Arbitration and Mediation Services (JAMS) in accordance with the JAMS Employment Arbitration Rules & Procedures (JAMS Procedures). The 10th paragraph of the Arbitration Agreement, titled “Initiation of Arbitration Process,” sets forth the procedure for commencing arbitration: “Arbitration shall be initiated upon the express written notice of either party. Written notice of Team Member’s claim shall be mailed by certified or registered mail, return receipt requested, and by U.S. Mail, to SFM, LLC, 5455 E. High Street, Suite 111, Phoenix, AZ 85054, attn: Labor & Employment Counsel.” (Italics added.) Service of the notice would be “deemed effective on the earlier of the date the Team Member or [SF Markets] signs the return receipt or three days after the notice is sent by regular mail.” The Agreement further provided…

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