Capili
Capili v. Finish Line, Inc.
Opinion
Lead Opinion
Gilliam, J.
ORDER DENYING MOTION TO COMPEL BINDING ARBITRATION
On May 15, 2015, Defendant The Finish Line, Inc. (“Finish Line”) — an athletic shoe and apparel retailer — moved to compel binding arbitration of the workplace discrimination claims of former sales associate Ritarose Capili. Dkt. No. 18 (“Mot.”). Both parties agree that: (1) Capili agreed to abide by Finish Line’s Employee Dispute Resolution Plan (the “Arbitration Agreement”) at the.outset of her employment; (2) Capili could not have worked for Finish Line without consenting to the Arbitration Agreement; and (3) that the claims at issue in this case fall under the scope of the Arbitration Agreement. Capili seeks to avoid arbitration on the ground that the Arbitration Agreement is *1003 an unenforceable contract of adhesion that is both proeedurally and substantively unconscionable. See Dkt. No. 26 (“Opp.”).
The Court has considered the arguments made by the parties in their submissions to the Court and at oral argument and, for the reasons discussed below, DENIES Finish Line’s motion to compel binding arbitration.
I. BACKGROUND
Capili worked as a sales associate at Finish Line’s store in Daly City, California from June 26,…