DOA: Neither Appellant Nor Respondents Were Able To Discover Copy Of A Written Agreement To Arbitrate
It was undisputed that in the ordinary course of business, respondents required all employees to sign an arbitration agreement, and it was not clear why the appellant, Mr. Corselli "might have been an exception to this rule." Apparently, the employer's general business practice was the hook upon which plaintiff/appellant hung his petition to arbitrate. The trial court found that Mr. Corselli had not carried his burden to prove the existence of an agreement to arbitrate -- and the Court of Appeal agreed. Corselli v. Service Corporation International, Case No. E056131 (4th Dist. Div. 2 June 13, 2014) (Hollenhorst, Richli, Miller) (unpublished). "In short," wrote Justice Hollenhorst, "Mr. Corselli's evidence shows that it is possible that he entered into an agreement to arbitrate with his employers, but it does not compel such a finding as a matter of law."
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