Kistler
Kistler v. CableCom, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RYAN KISTLER, Case No. 21-cv-08258-VC
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTION TO COMPEL
ARBITRATION
CABLECOM, LLC, et al., Re: Dkt. No. 19 Defendants.
The motion to compel arbitration on an individual basis is granted. Courts faced with a motion to compel arbitration generally must decide two issues: whether the parties agreed to arbitrate and, if so, whether the agreement covers their present dispute. Chiron Corporation v. Ortho Diagnostic Systems, Inc., 207 F.3d 1126, 1130 (9th Cir. 2000). The party seeking to compel arbitration “must prove the existence of a valid agreement by a preponderance of the evidence.” Wilson v. Huuuge, Inc., 944 F.3d 1212, 1219 (9th Cir. 2019). CableCom has met its burden. Its human resources director declares that the company “adopted an arbitration program” in December of 2018 and that, at the start of 2019, CableCom presented arbitration agreements to its current employees, including the plaintiff, Ryan Kistler. The agreement covers “any claims or disputes that the Company may have against You or that You may have against the…