Sotelo

BACKGROUND

Sotelo worked for Performance Contracting, Inc. (PCI), a subsidiary of Performance Contracting Group (PCG), as a union carpenter from January 13, 2020 to February 25, 2020. Through his union, Sotelo agreed to arbitrate any individual wage and hour claims and to waive any class claims; he also agreed to a mandatory grievance procedure and to waive PAGA claims. On May 4, 2021, Sotelo filed a class action complaint against PCG, alleging violations of state wage and hour laws and unfair competition. In its

1 June 17, 2021 answer, PCG raised arbitration and the mandatory grievance procedure as affirmative defenses. On July 2, 2021, PCG filed a request for a jury trial. On August 20, 2021, PCG stipulated to Sotelo filing a first amended complaint, which added a PAGA claim; the first amended complaint was filed on October 22, 2021. PCG answered on November 17, 2021, and it again raised arbitration and the mandatory grievance procedure as affirmative defenses. In preparation for case management conferences, PCG served Sotelo with form case management statements (CMS) on November 2, 2021 and February 17, 2022. In both forms, PCG indicated it intended to move to compel…