Casey

I.

FACTUAL AND PROCEDURAL

BACKGROUND

Casey began working in 2015 as a real estate agent for D.R. Horton, a national homebuilding company. In 2017, she signed a new employment contract, which includes the arbitration clause that is the subject of these writ proceedings. This clause provides that if the parties are unable to resolve a dispute through negotiation or mediation, they agree to binding arbitration administered by JAMS. It further provides that by entering into the agreement, the parties agree they are giving up their right to litigate in court and that a party who refuses to submit to arbitration “MAY BE

COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE

CALIFORNIA CODE OF CIVIL PROCEDURE.” A separate clause, titled “Governing Law,” provides in full: “The construction and interpretation of this Agreement shall at all times and in all respects be governed by the laws of the State of California.” Casey was a successful agent for D.R. Horton and became one of the company’s top performers. In late 2022 she was assigned to work with Hansen at a remote development site in Fairfield. Starting on their second

2 The following facts are taken from Casey’s complaint and the…