Shifting Burdens Of Proof. Isabel Garcia sued her employer and its sales manager, alleging sexual harassment. Defendants petitioned to compel arbitration, and carried their initial burden by producing an arbitration agreement. But Garcia pushed back, claiming she had not signed, putting the employer to the test of authenticating her electronic signature. The employer was […]
After Employee Questioned The Agreement To Arbitrate, Burden Of Proof Shifted To Employer. Hope Gamboa sued Northeast Community Clinic for employment-related claims. The employer moved to arbitrate. The trial court denied the motion. Affirmed. No agreement to arbitrate existed. Gamboa v. Northeast Community Clinic, No. 394833 (2/7 11/30/21) (Ibarra, Perluss, Feuer). Why couldn't […]
Authentication Of Electronic Signatures Continues To Trip Up Employers. The trial court denied the employer's motion to compel arbitration, because the employee Bannister "presented evidence that she never saw the [arbitration] agreement during the onboarding process and did not affix her electronic signature to it," and the Court of Appeal affirmed. Maureen Bannister v. […]
Because Defendant Introduced Key Evidence In Supplemental Declaration, Rather Than In Moving Papers, Court Had To Address The Burden Of Proof. Yes, it happens. Sometimes, a published case deserving a post escapes my net. However, Espejo v. Southern California Permanente Medical Group, (2nd Dist. Div. 4 2016) (Collins, Epstein, Willhite), though filed back on […]