Serafin

Serafin v. Balco Properties Ltd., LLC

Good Law
185 Cal. Rptr. 3d 151·2015 Cal. App. LEXIS 238·235 Cal. App. 4th 165·39 I.E.R. Cas. (BNA) 1534
Court of Appeal of CaliforniaMarch 16, 2015A141358California6,389 words

Opinion

Opinion

Ruvolo, J.

I.

INTRODUCTION

Madeline Serafín (Serafín) sued her former employer Balco Properties Ltd., LLC, and related individuals and entities (collectively Balco) alleging claims arising from her employment, including wrongful termination, harassment, and defamation. The trial court granted Balco’s motion to stay the litigation until the completion of binding arbitration based upon an arbitration agreement Serafín signed when she was hired by Balco. The arbitrator ultimately found in Balco’s favor on all issues, and the trial court granted Balco’s petition to confirm the arbitration award, entering judgment in Balco’s favor.

On appeal, Serafín argues the trial court erred in concluding her claims against Balco were subject to arbitration, contending she never entered into a binding agreement to arbitrate her employment-related claims. Alternatively, assuming the parties formed an agreement to arbitrate, Serafín contends the arbitration agreement was unenforceable because it was procedurally and substantively unconscionable. We disagree, and affirm the judgment in Baleo’s favor.

II.

FACTS AND PROCEDURAL HISTORY

Serafín was employed by Balco, an affiliate of Bay Alarm, as…

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