Sanchez

STATEMENT OF FACTS

The arbitration agreement was signed in October 2006, at the time Sanchez applied for employment by CarMax. (Sanchez, supra, 224 Cal.App.4th at p. 401.) At that time, Sanchez acknowledged receipt of CarMax’s Dispute Resolution Rules and Procedures (the Rules), and agreed the Rules would govern any arbitration. (Ibid.) The arbitration agreement was governed by the Federal Arbitration Act (FAA; 9 U.S.C. § 1 et seq.) and the Uniform Arbitration Act of Virginia (Va Code §§ 8.01- 581.01 et seq.). On the prior appeal, we rejected claims that the Rules were procedurally and substantively unconscionable, and that they impermissibly limited the parties’ rights to discovery. (Sanchez, supra, at p. 401.)

In February 2015, following the issuance of remittitur after the first appeal, CarMax initiated arbitration by the American Arbitration Association (AAA), and Hon. Eli Chernow (Ret.) was selected as the Arbitrator. Without reference to the record, CarMax claims the Arbitrator said at the outset that he would apply the AAA employment rules, not the parties’ Rules, and (also without reference to the record)

2 CarMax insists the Arbitrator repeatedly refused…