UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 1, 2005
KIMBERLY JONES, PLAINTIFF(S),
DEJA VU, INC., ET AL., DEFENDANT(S).
The opinion of the court was delivered by: Bernard Zimmerman United States Magistrate Judge
ORDER ON DEFENDANTS' MOTION TO DISMISS "SUBCLASS TWO" CLAIMS
In light of my June 30, 2005 Order on Motions of Defendants Chowder House, Inc. and Saw Entertainment, Ltd. to Compel Arbitration and my July 1, 2005 Order With Respect to Roe 7, defendants' motion to dismiss plaintiffs' "Subclass Two" causes of action premised on violations of the California Labor Code and causes of action for common law fraud and retaliatory discharge is DENIED without prejudice. See Chiron Corp. v. Ortho Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir. 2000) (noting that decisions regarding the merits of a claim and any defenses are left to the arbitrator).
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