Garcia
Garcia v. ISS Facility Services, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
CLAUDIA GARCIA,
Case No. 19-cv-07807-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DECERTIFY CLASS ISS FACILITY SERVICES, INC., et al., 13 Defendants.
15 The facts and procedural history of this action have been set out in prior orders and will not be recounted here. This issue at this juncture is whether the class should be decertified in light the fact that all but a few of its members signed agreements to resolve claims such as these in binding arbitration. Defendants have now made an adequate showing that there are at most nine employees who are not bound, or at least potentially bound, by written agreements to arbitrate, and that proceeding on a class basis is not appropriate. Defendants’ prior effort to establish the number of employees subject to arbitration was found to be insufficient for two basic reasons. First, the haphazard presentation of copies of the agreements rendered uncertain the…