Hernandez
Hernandez v. DMSI Staffing, LLC.
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO COMPEL ARBITRATION
(Docket No. 39)
On February 27, 2014, Plaintiff Martina Hernandez filed a class action complaint *1057 alleging various violations of California’s labor code and California’s Unfair Competition Law (“UCL”), and bringing a representative claim under the Private Attorneys General Act (“PAGA”). Docket No. 1-1 (“Compl.”). Ms. Hernandez brought this action against DMSI Staffing, LLC (“DMSI”) and Ross Stores, Inc. (“Ross”) (collectively “Defendants”). Pending before the Court is Defendants’ motion to compel arbitration.
I. FACTUAL AND PROCEDURAL BACKGROUND
Ms. Hernandez has filed a class action complaint against DMSI and Ross. Docket No. 1-1. Ms. Hernandez initially brought suit in Alameda County Superior Court, but Defendants removed the case in April of 2014. Docket No. 1. Ms. Hernandez’s motion to remand was denied. Docket No. 38.
In her Complaint, Ms. Hernandez alleges she was jointly employed by DMSI and Ross to work in Ross’s warehouse as a non-exempt employee who was paid by the hour. Compl. ¶ 1, 5. DMSI is a temporary staffing company that provides temporary staffing to Ross, a retail…