Serpa

Serpa v. California Surety Investigations, Inc.

Caution
155 Cal. Rptr. 3d 506·2013 Cal. App. LEXIS 308·215 Cal. App. 4th 695·2013 WL 1694963·118 Fair Empl. Prac. Cas. (BNA) 302
Court of Appeal of CaliforniaMarch 21, 2013B237363California5,804 words

Opinion

Opinion

Perluss, J.

Valerie Serpa sued California Surety Investigations, Inc. (CSI), its employee Peter Holds worth and CSI’s parent company, Two Jinn, Inc., doing business as Aladdin Bail Bonds (collectively CSI parties), for sexual harassment, employment discrimination, wrongful termination in violation of public policy and related causes of action. The trial court denied the CSI parties’ motion to compel arbitration, finding the agreement to arbitrate lacked mutuality. The court rejected the CSI parties’ argument the requisite mutuality was provided by the bilateral arbitration provisions in CSI’s employee handbook, incorporated by reference into the arbitration agreement, because CSI could change the handbook at its sole discretion and without notice. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. Serpa’s Complaint

On June 24, 2011 Serpa filed a complaint in Los Angeles County Superior Court alleging claims against the CSI parties under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) for sexual harassment, gender discrimination, retaliation and failure to prevent harassment and discrimination (Gov. Code, § 12940, subds. (a), (h), (i), (j) & (k)).…

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