Orozco
Orozco v. Gruma Corporation
Opinion
Trial Court Opinion
I. Background
15 Defendant Gruma Corporation produces and distributes tortillas, tortilla chips, and flour in 16 the United States through its Mission, Guerrero, and Calidad brands. It has production and 17 packaging plants in 12 states. Plaintiff Norma Orozco worked at Defendant’s plant in Fresno, CA 18 from June 2004 to July 13, 2018, on an assembly line packaging tortillas. While working for 19 Gruma, Orozco was asked to sign binding arbitration agreements that are governed by the Federal 20 Arbitration Act (“FAA”) in 2011 and 2016. At issue in this motion is the arbitration agreement 21 signed on December 21, 2016 (“2016 Agreement”). 22 Orozco filed suit against Gruma in June 2020 in California state court, alleging violations 23 of California labor laws, making claims based on overtime, meal period, rest period, minimum 24 wage, wage statement, waiting time, Private Attorney General Act (“PAGA”), and unfair 25 competition laws. Gruma removed the case to federal court. Gruma has made a motion to compel 26 arbitration and to dismiss this case based on the 2016 Agreement. Doc. 5. Orozco opposes the 27 motion. Doc. 8. As part of the briefing, both parties declarations…