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, that’s 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 decision—that damages are not a remedy for breach of a contract to arbitrate. Just specific performance.)

 

Affirmed.

It Must Have Been Some Other Ernesto Zamora Ruiz ...

Ruiz v. Moss Bros. Auto Group, No. E057529 (D4d2 Dec. 23, 2014) 

The issue here is whether plaintiff electronically signed an arbitration clause in an employment agreement that contained a class action waiver. The file copy of the contract said (in print) “Ernesto Zamora Ruiz (Electronic Signature)” under the signature line. Plaintiff argued, and the trial court agreed, that the printing was insufficient to show that the signature was a “act attributable” to him under the Uniform Electronic Transactions Act, Civil Code § 1633.9(a).

Not So Clear Sailing ...

Ruiz v. California State Automobile Association Inter-Insurance Bureau, No. A136275 (D1d4 Dec. 20, 2013)

This case a must-read for anyone who drafts class action settlement documents. The court of appeal holds that a so-called “clear sailing” attorneys’ fees clause in a class action settlement agreement does not implicitly waive the class counsel’s right to appeal the trial court’s fee award.