Najarro

Najarro v. Super. Ct.

Good Law
Court of Appeal of CaliforniaOctober 25, 2021E076328ACalifornia8,456 words

Opinion

Opinion

discussion below. As to the other two employees who signed this version, we find that

the arbitration agreement is unenforceable for the separate reason of fraud in the

execution. We also find that fraud in the execution voids the agreement for two of the

employees who signed the other, second version of the arbitration agreement. For

2 reasons substantially similar to those stated in the companion case, we deny the petition

as to the remaining two employees who signed the second version.

I. FACTUAL AND PROCEDURAL HISTORY

In August 2019, petitioners filed suit against real parties in interest Horizon

Personnel Services, Inc. (Horizon), Stay Safe Staffing, Inc. (Stay Safe), and J & J Snack

Foods Corp. of California (J&J), Raul Perez, and Crisanto Vargas, among other

defendants, alleging 18 employment-related causes of action. Real parties in interest filed

their answers in November, which is also when the trial court ordered the case related to 1 the companion case mentioned above.

In January 2020, Horizon, Stay Safe, Perez, and Vargas moved to compel

petitioners’ cases to arbitration. J&J filed notices of joinders to the motions. The

motions were based on two…

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