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Case 212cv01114JAMEFB Document 26 Filed 062713 Page 1 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiff, 14 v. 15 16 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230g. The hearing was originally scheduled for June 5, 2013. 1 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LAURIE BUECHE, an individual, on behalf of herself, and on behalf of all persons similarly situated, No. 212CV1114JAME

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 2 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. BACKGROUND Plaintiffs first amended class action complaint Doc. 11, Ex. C alleges that she was an escrow officerescrow manager employed by Defendant from April 2000 to July 2011. Plaintiff alleges on behalf of herself and those similarly situated that she was undercompensated by Defendant because she was unlawfully misclassified as exempt from Californias wa

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 3 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 this Contract, shall be referred to a single arbitrator agreed upon by the parties hereto. Ex. 2 9. Defendant argued in its moving papers that the arbitration clause requires that this matter be submitted to binding arbitration and that her representative claims cannot be arbitrated and should therefore be dismissed. Plaintiff Santos Decl. Doc. 152, responded

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 4 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Legal Standard II. OPINION The Federal Arbitration Act FAA specifies that arbitration provisions are valid and enforceable, representing a liberal federal policy favoring arbitration, and the fundamental principle that arbitration is a matter of contract. ATT Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1446 2011 quotations and citations omitted. employment c

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 5 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 guarantee may have expired in March 2006, but the arbitration clause along with other aspects of their agreement continued indefinitely. Defendant argues that the contracts expiration only applied to the just cause termination provision of the contract, but that the remaining contractual terms remained in effect including the amount of Plaintiffs salary, her job

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 6 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employment is defined as an employment, having no specified term, which may be terminated at the will of either party on notice to the other. An atwill employment may be ended by either party at any time without cause, for any or no reason, and subject to no procedure except the statutory requirement of notice. Guz v. Bechtel Natl Inc., 24 Cal. 4th 317, 335 2000

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 7 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 continued employment, even though it was under completely different contractual terms, implies that the arbitration agreement continued. To support its position, Defendant first cites Jones v. Deja Vu, Inc., 419 F. Supp. 2d 1146, 1150 N.D. Cal. 2005. In Jones, dancers at the defendant employers club signed contracts agreeing to arbitrate disputes arising from the

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 8 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 five years past termination of the agreement as well as extending the arbitration and attorneys fees provision to future disputes related to the arbitration award itself. Id. at 54445. The decision simply determined that the arbitration award arose directly from the original agreement to arbitrate, meaning that the arbitrators did not exceed the scope of their au

Case 212cv01114JAMEFB Document 26 Filed 062713 Page 9 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. ORDER For the foregoing reasons, Defendants Motion to Compel Arbitration and Dismiss Plaintiffs Representative Claims is DENIED. IT IS SO ORDERED. Dated June 27, 2013 JOHN A. MENDEZ, 9UNITED STATES DISTRICT JUDGE Like in Just Film, there is no evidence in this case that Plaintiffs claims arise from her expired employment contract. She is not contesting the c

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