Ruiz

I. INTRODUCTION

Defendant and appellant, Moss Bros. Auto Group, Inc. (Moss Bros.), appeals from an order denying its petition to compel arbitration of the employment-related and putative class action, representative, and individual claims of its service technician employee, plaintiff and respondent, Ernesto Ruiz. The trial court denied the petition on the ground Moss Bros, did not meet its burden of proving the parties had an agreement to arbitrate the controversy. (Code Civ. Proc., § 1281.2.) No statement of decision was requested or issued (Code Civ. Proc., §§ 632, 1291), but the court implicitly found Moss Bros, did not present sufficient evidence to support a finding that an electronic signature on its proffered September 21, 2011, arbitration agreement (the 2011 agreement) was “the act of Ruiz” (see Civ. Code, § 1633.9; Evid. Code, § 1400). We conclude Moss Bros, did not present sufficient evidence to support a finding that Ruiz electronically signed the 2011 agreement. Accordingly, we affirm the order denying the petition.

II. FACTS AND PROCEDURAL BACKGROUND

A. The Complaint

In July 2012, Ruiz filed a putative class action complaint alleging Moss Bros, failed to…