Gonzales v. P.T. Automotive CA2/5

I. INTRODUCTION

Plaintiff Robert Gonzales appeals from a judgment after the trial court confirmed an arbitration award in favor of defendant P.T. Automotive, LLC.1 Plaintiff contends the trial court erred by granting defendant’s motion to compel arbitration because there was no substantial evidence that plaintiff had agreed to arbitrate his claims, and, alternatively, the arbitration agreements were unenforceable as unconscionable. We affirm.

II. BACKGROUND

A. The Complaint

Plaintiff began working at Penske Toyota of Downey (Penske Toyota) in 1993 and had been employed by defendant for 32 years. Plaintiff alleged that after he experienced a number of heart attacks, he was subjected to harassment, discrimination, and retaliation based on his medical conditions, age, and physical disabilities. On May 19, 2021, plaintiff sued defendant for employment- related claims pursuant to the Fair Employment and Housing Act under Government Code sections 12900 and 12940, and whistleblower retaliation under Labor Code section 1102.5. On

Plaintiff initially sued RP Automotive, Inc. and Penske Toyota of Downey as defendants. RP Automotive, Inc. is an owner of P.T. Automotive,…