Levin

Levin v. Caviar, Inc.

Good Law
146 F. Supp. 3d 1146·2015 WL 7529649·2015 U.S. Dist. LEXIS 161514
United States District Court, Northern District of CaliforniaNovember 16, 2015Case No. 15-cv-01285-EDLCalifornia6,036 words

Opinion

Lead Opinion

Laporte, J.

ORDER ON MOTION TO COMPEL INDIVIDUAL ARBITRATION AND . MOTION TO DISMISS

Re: Dkt. No.

I. INTRODUCTION

This matter involves a putative class action as well as a representative action under the California Private Attorneys General Act of 2004 (PAGA) (Cal. Lab. Code, § 2698 et seq.) brought by Plaintiff on behalf of himself and others similarly situated against Defendant Caviar, Inc. d/b/a/ Try Caviar. FAC at 1, ¶¶ 34-36. Before the Court is Defendant’s Motion to Compel Individual Arbitration and Motion to Dismiss. For the following reasons, the motion is GRANTED as to Defendant’s individual claims. The Court, however, defers ruling on the issue of whether Plaintiffs PAGA claim is arbitrable until the Court has received additional briefing from the parties.

II. BACKGROUND

The First Amended Complaint alleges that Defendant is a “San Francisco-based food delivery service, which provides food delivery services in cities throughout the country via an on demand dispatch system” (the “Caviar Platform”). FAC ¶8. Customers may request a courier, to pick *1150 up and deliver food from local restaurants using a smartphone application or via Defendant’s website. FAC ¶ 9. Couriers are…

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