Bautista v. Fantasy Activewear, Inc.Annotate this Case
The Court of Appeal affirmed the trial court's order denying Fantasy's petitions to compel arbitration in two actions involving substantially similar wage and hour allegations. Plaintiffs both signed settlement agreements with Fantasy in 2014 in connection with a case called Guerra v. Fantasy Activewear, Inc. (LASC No. BC517633) containing the arbitration clauses at issue.
The court held that plaintiffs were not acting as agents of the Labor and Workforce Development Agency (LWDA) when they entered into their settlement agreements with AW and DF. Because plaintiffs were not acting as agents of the state when they entered into the arbitration agreements at issue here, the court held that Fantasy has identified no arbitration agreement that would bind the real party in interest—the state—to arbitration, even of the question of arbitrability.