United States District Court, S.D. California
ASHLEY SALBERG, individually and on behalf of all others similarly situated, Plaintiff,
MASSAGE GREEN INTERNATIONAL FRANCHISE CORPORATION, a corporation, Defendant.
ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO
COMPEL INDIVIDUAL ARBITRATION, STRIKE PLAINTIFF’S CLASS
CLAIMS, AND DISMISS PLAINTIFF’S COMPLAINT [ECF NO.
GONZALO P. CURIEL, UNITED STATES DISTRICT JUDGE
Ashley Salberg (“Plaintiff”) filed a putative
class action (“Complaint”) against Defendant
Massage Green International Franchise Corporation
(“Defendant”) arising from Defendant’s
alleged failure to pay wages and overtime. (ECF No. 1.)
Before the Court is Defendant’s unopposed motion to (1)
compel individual arbitration; (2) strike or alternatively
dismiss Plaintiff’s class claims; and (3) stay
litigation or alternatively dismiss the Complaint. (ECF No.
8.) Plaintiff has filed a statement of non-opposition. (ECF
No. 10.) The Court finds the matter suitable for resolution
without oral argument pursuant to Local Civil Rule 7.1(d)(1).
For the reasons set forth below, the Court GRANTS
Defendant’s unopposed motion to compel individual
arbitration, strike Plaintiff’s class claims, and
dismiss the Complaint without prejudice.
December 14, 2015, Plaintiff, a former employee of Massage
Green, filed a Complaint against Defendant. (ECF No. 1.) The
Complaint alleges six causes of action against Defendant,
which are all premised on Defendant’s alleged failure
to pay wages and overtime pursuant to state and federal wage
and hour laws. (Id.)
5, 2016, Defendant filed an unopposed motion to (1) compel
individual arbitration pursuant to 9 U.S.C. § 2; (2)
strike any references to class allegations pursuant to
Federal Rule of Civil Procedure (“Rule”) 12(f) or
alternatively, dismiss all class claims pursuant to Rule
12(b)(6); and (3) stay litigation until the completion of
individual arbitration pursuant to 9 U.S.C. § 3 or
alternatively, dismiss the Complaint without prejudice. (ECF
asserts that Plaintiff is a party to an arbitration agreement
(“Agreement”) which covers all the claims alleged
in Plaintiff’s Complaint and requires that they be
resolved exclusively through individual arbitration. (ECF No.
8-1 at 7.)
Agreement signed by Plaintiff on May 1, 2015, provides in
I and the Company agree to utilize binding individual
arbitration as the sole and exclusive means to resolve all
disputes that may arise out of or be related in any way to my
employment, including but not limited to the termination of
my employment and my compensation . . .
All claims brought under this binding arbitration Agreement
shall be brought in the individual capacity of myself or the
Company. This binding arbitration Agreement shall not be
construed to . . . permit such claims or controversies to
proceed as a class action or collective action. No arbitrator
shall have the authority under this agreement to order any
such class or collective action. By signing this agreement, I
am agreeing to waive any substantive or procedural rights
that I may have to bring an action on a class or collective
(ECF No. 8-3, Harb Decl., Ex. A, Agreement ¶¶ 2,
Agreement also provides that it be governed by the Federal
Arbitration Act (“FAA”) because the
“[c]ompany’s business involves interstate
commerce, ” and that it be in conformity with the
procedures of the California Arbitration Act
(“CAA”). (Id. ¶ 2.)
Motion to Compel ...