Little

Little v. Auto Stiegler, Inc.

Good Law
112 Cal. Rptr. 2d 56·92 Cal. App. 4th 329
Court of Appeal of CaliforniaDecember 19, 2001B147003California4,400 words

Opinion

Opinion

Certified for Partial Publication [*]

Auto Stiegler, Inc. (defendant) appeals from an order denying its motion to compel arbitration of an action for tortious demotion and termination brought by Alexander M. Little (plaintiff). The trial court held the arbitration agreement was unconscionable and hence unenforceable under Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 113-127 , 99 Cal.Rptr.2d 745 , 6 P.3d 669 (hereafter Armendariz). The complaint contains no statutory claims as was the case in Armendariz . Based on the language in Armendariz and the Supreme Court's discussion in Brennan v. Tremco Inc. (2001) 25 Cal.4th 310, 317 , 105 Cal. Rptr.2d 790 , 20 P.3d 1086 , we conclude the arbitration clause is enforceable in a case involving no statutory claims and the order under review is reversed.

Plaintiff signed three nearly identical arbitration agreements while employed by defendant. The most recent of the three stated as follows: "I agree that any claim, dispute, or controversy (including, but not limited to, any and all claims of discrimination and harassment) which would otherwise require or allow resort to any court or other…

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