In Nanavati, 99 F. Supp.3d to 1079, the court found in the same way that I did not control Horton because, unlike Horton I, there was a ”lack of coercion in the employee`s agreement (by non-opt-out) to communicate.” Nanavati, 99 F. Supp.3d 1078. Judge Henderson said: For the above reasons, the court grants Adecco asks to seek claims for non-payment of minimum wages, non-rest or rest bonuses, non-payment of wages at the deadline, and unfair business practices at arbitration. The Adecco denies court asks to apply for paddle party claims to obtain arbitration, but the paddle claims will remain until the outcome of the arbitration proceedings. We reserve the right to terminate your account or deny you services at any time and for no reason, without notice. Without limitation, we will permanently terminate your account under appropriate circumstances and remove the information from the site. You have the right to terminate your account at any time. We assume no responsibility for conduct that does not comply with these Terms of Use, an Agreement under which you use our Services or applicable legislation. In deciding an arbitral award, a district court must decide ”whether there is a valid conciliation agreement and, if so, whether the agreement includes the dispute.” Chiron Corp.
v. Ortho Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir. 2000). ”If the answer is positive on both counts, then [the lack of application of the savings clause] the law requires the court to apply the arbitration agreement in accordance with its terms. Id. In deciding an arbitration application, a district court must also ”treat the facts as they would if they decide on a summary decision application, and construct all the reasonable facts and conclusions that can be drawn from these facts from a more favourable view to the non-moving party.” Chavez v. Bank of Am., No.C 10-653 JCS, 2011 WL 4712204, at No. 3 (N.D.
Cal Oct. 7, 2011). Finally, the courts apply federal law to issues relating to the interpretation and applicability of arbitration agreements and national contract law to questions of whether the parties have consented to conciliation. Moses H. Cone Mem`l Hosp., 460 U.S. at 22-24; First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995).
Adecco asked that the court maintain the PAGA claims until the outcome of the arbitration.
