Martinez

Martinez v. Midway Venture CA4/1

Good Law
Court of Appeal of CaliforniaFebruary 18, 2025D083934California4,590 words

Opinion

Opinion

INTRODUCTION

Midway Venture, LLC (Midway Venture) appeals an order denying its motion to compel arbitration of a sexual harassment lawsuit filed by its former putative employee, Josephina Estrella Martinez. The trial court denied the motion after finding that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act, or EFAA; 9 U.S.C. §§ 401–402) permitted Martinez to void the parties’ arbitration agreement. We agree that the Act rendered the arbitration agreement voidable and allowed Martinez to litigate her case in court. Therefore, we affirm. II

BACKGROUND

A. Factual Background Midway Venture owns and operates Pacers Showgirls International (Pacers), a strip club located in the Midway District of San Diego. Peter Balov is the owner of Midway Venture. In 2012, Midway Venture hired Martinez to promote the club and drive customers, exotic dancers, and others to and from the club. On September 12, 2021, Martinez executed an agreement requiring her to arbitrate, on an individual basis, “any dispute, claim, action, or controversy that may arise out of or in any way relate to … any contractual or legal relationship” between herself and Midway Venture, such…

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