Friday, September 21, 2018

You Sue Me. I Sue You.

Moss Bros. Toy, Inc. v. Ruiz, No. E057240 (D4d2 Sept. 20, 2018)

An employer sued one of its former employees for bringing two employment related lawsuits instead of resolving the disputes in arbitration. If suing someone for suing you sounds like a SLAPP, thats because it is. And since the employer can’t even prove up the existence of an arb agreement, it also can’t prevail. 
 
(Plaintiff could have also pointed out—per last-years Sargon decisionthat damages are not a remedy for breach of a contract to arbitrate. Just specific performance.)
 
Affirmed.


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