SUSAN BYRNE v. HEARTLAND EMPLOYMENT SERVICES, LLC

I. INTRODUCTION

23 Byrne filed this suit in the Monterey County Superior Court, asserting discrimination, 24 wrongful termination, and other state law claims against her former employer, Heartland, and its 25 indirect parent company, HCR ManorCare. See Not. of Removal Ex. A (“Compl.”), ECF 1. 26 Byrne alleges that she worked for Heartland, a provider of home healthcare and related services, 27 for eighteen years before she was terminated at the age of seventy-two. See id. ¶¶ 5-7. She asserts claims for: (1) age discrimination under California’s Fair Employment and Housing Act (“FEHA”); (2) wrongful termination in violation of public policy; (3) failure to prevent discrimination under FEHA; (4) breach of implied contract; (5) breach of implied covenant of good faith and fair dealing; (6) failure to timely provide wage statements and personnel records; and (7) declaratory relief. See id. ¶¶ 16-64. Defendants answered and then removed the suit to federal district court on the basis of diversity of citizenship. See Not. of Removal & Ex. G. After removal, Defendants filed the current motion to compel arbitration, asserting that Byrne’s…