Lopez

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FABIAN LOPEZ, Case No. 23-cv-03368-VC

Plaintiff,

ORDER DENYING MOTION TO

v. COMPEL ARBITRATION

THYSSENKRUPP SUPPLY CHAIN Re: Dkt. No.

SERVICES, NA INC.,

Defendant.

The motion to compel arbitration is denied. This ruling assumes that the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties.1 1. Neither the class action waiver nor the PAGA “individual action requirement” is enforceable under California law. The class action waiver is not enforceable, because Lopez has shown that the class mechanism would be a much more effective way of vindicating the rights of affected employees. See Muro v. Cornerstone Staffing Solutions, Inc., 20 Cal. App. 5th 784, 793 (2018). He has shown that any individual recovery would be modest—his lawyer estimates that Lopez himself would recover around $10,000 on his claims. Lopez also submitted a declaration saying that he “feared retaliation for making any complaints” about his working conditions. Dkt. No. 23-3 ¶ 8. And Lopez claims he was “not familiar” with his labor rights and…