Hale
Hale v. Brinker International, Inc.
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…