Oregel v. PacPizza, LLC
Annotate this CaseOregel filed a class action against his former employer, PacPizza, alleging that PacPizza failed to fully reimburse delivery drivers for necessary expenses associated with using their personal vehicles to deliver pizza on PacPizza’s behalf. Seventeen months and more than 1,300 attorney hours later, PacPizza petitioned to compel arbitration. The agreement to arbitrate appeared, in a very small font, on the employment application. There is no evidence that Oregel was given a copy of the application or saw it at any point after he submitted it. The trial court denied the petition, finding PacPizza waived its right to enforce a purported arbitration agreement. The court of appeal affirmed. Although the trial court made no express finding of bad faith, the tone of its ruling is suggestive of such a finding and, had it been made, sufficient evidence would have supported the finding. While California has a strong public policy in favor of arbitration, that goal was frustrated by defendant’s conduct.”
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