Dyer
Dyer v. New American Funding CA1/2
Opinion
Opinion
Desautels, J.
BACKGROUND
In October 2020, Dyer began working with NAF as a “Loan Officer Assistant” for NAF’s outside loan agent division. Dyer was diagnosed with
1 This opinion uses the term “motion” instead of “petition” because NAF
sought an order compelling arbitration of Dyer’s claims. (Code Civ. Proc., § 1003 [“An application for an order is a motion”]; see also Gomez v. Superior Court (2012) 54 Cal.4th 293, 302 [construing a writ petition “as an application for an order, which is the definition of a ‘motion’ ” and noting the term “ ‘motion’ is broad enough to include petitions”].)
1 cancer in February 2022, and the parties ended their relationship in September 2022, when Dyer exhausted her approved leave.2 In July 2023, Dyer filed a complaint against NAF, alleging various employment-related claims. In response, NAF moved to compel arbitration of Dyer’s claims pursuant to an electronically executed “Comprehensive Agreement Employment At-Will and Arbitration Policy” (the arbitration agreement), which purportedly bears Dyer’s electronic signature and a “Time Signed” of October 6, 2020 at 6:51 p.m. NAF restated the relevant terms of the arbitration agreement in its motion and attached a…