Pettie

I. INTRODUCTION

On March 22, 2019, plaintiffs Terry Pettie and Rey Borge filed a civil complaint

alleging various employment claims against defendants Amazon.com, Inc. and Amazon

Logistics, Inc. The trial court denied a motion to compel arbitration brought by

defendants, and defendants appeal asserting the trial court erred in its interpretation of

various provisions of the purported agreement to arbitrate.

However, we need not address defendants’ claims of error based upon

interpretation of the purported arbitration agreement at this time. The trial court never

made a factual finding on the threshold issue of whether an agreement to arbitrate existed

between the parties. Without the existence of an agreement, there is no occasion to

consider what law should govern the interpretation of the purported agreement, whether

its terms are enforceable, or whether any other defense to enforcement exists. Thus, we

reverse and remand the matter so that the trial court may make a factual finding on the

threshold issue of whether an agreement to arbitrate exists.

II. FACTS AND PROCEDURAL HISTORY

On March 22, 2019, plaintiffs filed a civil complaint against defendants,…