Hale

Hale v. Brinker International, Inc.

Good Law
United States District Court, Northern District of CaliforniaAugust 29, 20233:21-cv-09978California374 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AMANDA HALE, Case No. 21-cv-09978-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION AND

GRANTING IN PART MOTION TO

BRINKER INTERNATIONAL, INC., et STRIKE CLASS ALLEGATIONS al., Re: Dkt. No. 53 Defendants.

The motion to compel arbitration is granted. The motion to strike the class allegations from the operative complaint is granted in part. Brinker has proven by a preponderance of the evidence that Brewer signed an arbitration agreement. On the one hand, Brewer says she does not recall ever signing an arbitration agreement. Dkt. No. 56-1 at 2. On the other, Brinker has attached a copy of the agreement bearing Brewer’s electronic signature and a declaration from a company human resources official explaining that employee access to on-boarding documents is keyed to their own unique username and password. See Dkt. No. 55 at 6–9; Dkt. No. 57-1. On this record, it is more likely than not that Brewer signed the arbitration agreement. See Klink v. ABC Phones of North Carolina, Inc., 2021 WL 3709167, at *4 (N.D. Cal. Aug. 20, 2021); cf. Federal Election Commission…

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