Tobon
Tobon v. The Sherwin-Williams Company, Inc
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
TROY TOBON, et al., Case No. 22-cv-00375-VC
Plaintiffs,
ORDER COMPELLING
v. ARBITRATION
THE SHERWIN-WILLIAMS COMPANY, Re: Dkt. No. 22 Defendant.
The Sherwin-Williams Company’s motion to compel arbitration is granted and the complaint is dismissed without prejudice. An arbitration agreement can assign the threshold question of arbitrability to an arbitrator if it does so “clearly and unmistakably.” AT&T Techs., Inc. v. Commc’ns Workers of Am., 475 U.S. 643, 649 (1986). Tobon, as the agent of Tobon’s Floorcovering, Inc., signed a sub- contractor agreement with Sherwin-Williams. Dkt. No. 22-8. That agreement makes arbitration “the exclusive, final, and binding means for resolving any dispute between Sherwin-Williams and Sub-Contractor (including its Personnel).” Id. at 8. And it provides that “[t]he arbitrator shall resolve all disputes regarding the timeliness or propriety of [a] demand for arbitration.” Id. at 10 (emphasis added). That is clear and unmistakable evidence that questions of arbitrability are for the arbitrator. Tobon argues that the entire agreement should be…