Francis Capital Management v. Lane CA2/4

INTRODUCTION

The parties are before us for the second time. In the prior case, Francis Capital Management LLC (FCM) appealed from an order denying its motion to compel a former employee, respondent Martin Keith Lane, Jr. (Lane) to arbitrate his employment claims against FCM. We held that the trial court erred in finding the arbitration agreement unconscionable, and we determined that all but one of Lane’s claims should be sent to arbitration. (See Lane v. Francis Capital Management, LLC (2014) 224 Cal.App.4th 676.) In the instant case, FCM appeals from an order denying its motion to compel Lane to arbitrate FCM’s claims against him pursuant to the same arbitration agreement. FCM contends the trial court erred in determining (1) that the arbitration agreement was unenforceable, and (2) that arbitration between the parties may take place only before the American Arbitration Association (AAA), which had refused to administer the arbitration between the parties. For the reasons stated below, we conclude that FCM is entitled to arbitration of its claims against Lane. We decline to reach the second issue, as in light of our construction of the controlling agreement, we have no basis to…