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Monday, February 6, 2017

Flores v. Nature's Best Distribution

Flores v. Nature's Best Distribution (CA4/3 G052410A, filed12/2/16, pub. ord. 12/27/16, reposted by court for correct format 12/28/16) Arbitration



Plaintiff Julie Flores filed a lawsuit against Nature’s Best Distribution, LLC, Nature’s Best, KeHe Distributors, Inc., and KeHe Distributors, LLC (collectively referred to as defendants), alleging several claims under the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq.).  Defendants filed a petition to compel arbitration based on evidence that plaintiff signed an agreement for alternative dispute resolution (the Agreement).  The trial court denied the petition.  Defendants contend the trial court erroneously concluded defendants failed to prove plaintiff agreed to arbitrate her claims and that the arbitration provision contained in the Agreement was unenforceable because it is unconscionable.

         

We affirm.  Defendants failed to prove plaintiff agreed to submit her claims to final and binding arbitration

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