Moncibaez

INTRODUCTION

Erik Moncibaez sued his employer, Stericycle, Inc., and others alleging sexual harassment, racial discrimination, and retaliation. Stericycle moved to compel arbitration, and presented an arbitration agreement that Moncibaez purportedly signed electronically when he began working for Stericycle. Stericycle also submitted a declaration stating that Moncibaez and his supervisor accessed and signed the document through an online portal. Moncibaez opposed the motion, asserting that although he “clicked through” several documents, he did not recall seeing or signing the arbitration agreement. He also noted that the signature line stated “Paul Moncibaez,” a version of Moncibaez’s name he did not typically use. The trial court denied the motion, finding that Stericycle failed to meet its burden to demonstrate an enforceable arbitration agreement. Stericycle appealed. We affirm. Stericycle did not authenticate Moncibaez’s electronic signature as required by Civil Code, section 1633.9, subdivision (a). Moncibaez and his supervisor both had access to the arbitration agreement, and Stericycle did not meet its burden to prove the electronic signature was “the act of” Moncibaez.…