Sandquist v. Lebo Automotive
Annotate this CasePlaintiff filed a class action suit against Lebo, alleging violations of California's Fair Employment and Housing Act (FEHA), Gov. Code 12940 et seq., and Unfair Competition Law, Bus. & Prof. Code, 17200 et seq. On appeal, plaintiff challenged the trial court's order granting defendants' motion to compel him to arbitrate his individual claims, as well as defendants' motion to dismiss all class claims without prejudice. The court held that the question whether the parties agreed to class arbitration was for the arbitrator rather than the trial court to decide, and that the trial court erred by deciding that issue in this case. The court did not reach the merits of whether the arbitration provisions plaintiff signed permit arbitration. The court also did not address plaintiff's argument that the trial court failed to consider extrinsic evidence demonstrating that the parties impliedly agreed to arbitrate on a class-wide basis. Accordingly, the court reversed and remanded with instructions.
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