Depianti

Depianti v. Jan-Pro Franchising International, Inc.

Good Law
United States District Court, Northern District of CaliforniaAugust 25, 20233:16-cv-05961California804 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GLORIA ROMAN, GERARDO VASQUEZ, and JUAN AGUILAR, No. C 16-05961 WHA Plaintiffs,

v.

ORDER RE MOTION TO CERTIFY

JAN-PRO FRANCHISING APPEAL AS FRIVOLOUS

INTERNATIONAL, INC., Defendant.

16 This appeal is frivolous for the reasons set forth in the order denying arbitration as to absent class members (Dkt. No. 464). This appeal is an obvious last-ditch stab at delaying a long-overdue trial (after fifteen years of litigation, seven of which were in this district, a majority of which was spent on appellate issues involving the merits). Defendant says that it seeks to stay the trial only as to those class members who signed arbitration agreements, but it fails to identify fully those who signed versus those who did not sign any arbitration agreements. The burden is on defendant, not plaintiffs, to present all such arbitration agreements. Defendant has not done so. Significantly, defendant…

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