Agustin Maldonado vs Ramsey Asphalt Construction Corp

Case Number

23CV01345

Case Type

Hearing Date / Time

Wed, 09/27/2023 - 10:00

Nature of Proceedings

CMC and Motion for Stay

Tentative Ruling

David Levi for Plaintiff Agustin Maldonado [“Maldonado”]

Airene Williamson for Defendant Ramsey Asphalt Construction Corp [“Ramsey”]

Issues

CMC and Motion for Stay

Rulings

Ramsey’s Motion to stay proceedings and compel arbitration is GRANTED. The matter is continued to September 24, 2024 for follow-up to be certain the case has been dismissed and no longer the responsibility of this Bench Officer.

Analysis

On 6/27/23 Ramsey filed a Motion to stay proceedings and compel arbitration; [summarized]; set the hearing for 9/27/23; argues that Maldonado entered into a written agreement to submit all disputes against Ramsey that are related in any way to his employment or termination of his employment with Ramsey, including the claims raised in this litigation, to final and binding arbitration.

Supported by Points and Authorities; summarized; in consideration of his employment with Ramsey, Maldonado signed an arbitration agreement on September 18, 2020, entitled "Mutual Agreement to Arbitrate Employment-Related Disputes" attached Ramsey’s Employment Handbook ("Arbitration Agreement"); pursuant to the terms of the Arbitration Agreement, Maldonado agreed that:  

“Mandatory Arbitration. Any controversy, dispute, or claim arising out of or relating to this agreement or breach thereof shall be first settled through good faith negotiation. If the dispute cannot be settled through negotiation, the parties agree to attempt in good faith to settle the dispute by mediation administered by JAMS pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness. Judgment on the Award may be entered in any Court having jurisdiction.”

AND

“Covered Claims. This Agreement to arbitrate covers all grievances, disputes, claims, or causes of action (collectively, "claims") in a federal, state, or local Court or agency under applicable federal, state or local laws, arising out of Employee's employment with the Employer and the termination thereof, including claims Employee may have against the Employer or against its officers, directors, supervisors, managers, employees, or agents in their capacity as such or otherwise, or that the Employer may have against Employee.”

AND

“This agreement to arbitrate is freely negotiated between Employee and Employer and is mutually entered into between the parties. Each party fully understands and agrees that they are giving up certain rights otherwise afforded to them by civil Court actions, including but not limited to the right to a jury trial.”

Irrespective of his agreement to submit any employment-related dispute to binding arbitration, Maldonado filed the instant action on March 30, 2023.  Each of Maldonado’s claims, however, arises out of or is related to Maldonado’s employment with Ramsey.

Ramsey argues that by its terms, the Arbitration Agreement provides the same substantive, procedural and remedial provisions Maldonado would be provided in a California Court, such that the Maldonado is able to vindicate his rights in the arbitral forum. Accordingly, this Court should grant the motion and compel this action to arbitration.

Supported by the Declaration of Laura Mora: Administrative Personnel for Ramsey; in the course and scope of her duties for Ramsey, she maintains custody and control of personnel documents related to Maldonado; the personnel documents include the Employee Handbook executed by Maldonado, including: "Mutual Agreement to Arbitrate Employment-Related Disputes;" a true and correct copy of the Mutual Agreement to Arbitrate Employment-Related Disputes was attached to her Declaration.

CMCS filed by Maldonado’s counsel on 7/26/23 for the 8/2/23 CMC; reported that Maldonado’s complaint is a wage and hour class action lawsuit against Ramsey.

On 8/2/23 Counsel for the parties appeared by zoom; the Case Management Conference was continued to 9/27/2023 at 10:00am, to be heard with the Motion for Stay, already on calendar. No further Case Management Statements were required. This case was designated Complex. The associated Complex Case fees were waived.

Opposition

The Motion is not opposed.

The Court’s Conclusion

The Motion should be granted.