Arbitration, Existence Of Agreement: CCA 2/7 Holds Employer Failed To Carry Burden Of Proof Agreement To Arbitrate Existed

After Employee Questioned The Agreement To Arbitrate, Burden Of Proof Shifted To Employer.

        Hope Gamboa sued Northeast Community Clinic for employment-related claims. The employer moved to arbitrate. The trial court denied the motion. Affirmed. No agreement to arbitrate existed. Gamboa v. Northeast Community Clinic, No. 394833 (2/7  11/30/21) (Ibarra, Perluss, Feuer).

        Why couldn't the employer prove an agreement to arbitrate existed? The employer provided a signed contract and a statement by the HR manager that the employee had signed the agreement. This shifted the burden of proof to the employee, who testified she didn't remember the agreement, and wouldn't have signed it if she had known what it was. This amounted to a denial of the existence of the agreement. Unfortunately for the employer, the declaration it provided did not provide foundation that the declarant had personal knowledge that the employee signed.