Tobon

Tobon v. The Sherwin-Williams Company, Inc

Good Law
United States District Court, Northern District of CaliforniaAugust 16, 20223:22-cv-00375California271 words

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…

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