Young

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

REECE YOUNG, et al., Case No. 22-cv-01883-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION

BYTEDANCE INC., et al., Re: Dkt. No. 78 Defendants.

This is a proposed class action filed by two plaintiffs who were hired by a company, Telus International, to moderate content for TikTok. The plaintiffs allege they suffered psychological harm as a result of their working conditions. They have sued TikTok, but not Telus. One of the plaintiffs, Ashley Velez, signed an arbitration agreement with Telus. TikTok was not a party to the agreement, and it was not named as a third-party beneficiary. TikTok nonetheless moves to compel Velez to arbitration, invoking the doctrine of equitable estoppel. The theory is that it would be unfair for Velez to avoid the consequences of an arbitration agreement covering the conditions of her employment by suing a third party, and not her employer, based on those conditions. This motion presents two questions. First, who decides whether the doctrine of equitable estoppel requires Velez to arbitrate her dispute with TikTok? The…