Swann

Filed 5/6/13 Swann v. Specialty’s Café and Bakery CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

RACHEL SWANN,

Plaintiff and Respondent,

A134911

v. SPECIALTY’S CAFE AND BAKERY, (San Francisco County Super. Ct. No. CGC-11-514748) Defendant and Appellant.

BY THE COURT:

Rachel Swann filed a class action against her former employer, Specialty’s Café & Bakery, Inc. (Specialty’s), alleging claims for unpaid overtime and failure to provide meal breaks and rest periods. Specialty’s filed a motion to compel arbitration, which the trial court denied, concluding that Specialty’s failed to demonstrate an agreement to arbitrate and, moreover, that whatever agreement did exist was unconscionable. Specialty’s appealed. By letter of December 19, 2012, we notified…