Najarro
Najarro v. Super. Ct.
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…