United States District Court, N.D. California, San Jose Division
ORDER GRANTING DEFENDANT'S MOTION TO COMPEL
ARBITRATION RE: DKT. NO. 8
J. DAVILA, UNITED STATES DISTRICT JUDGE
GameStop, Inc. moves to compel Plaintiff Angelina Broussard
to arbitrate her claims. Because Broussard's claims fall
within the scope of a valid arbitration agreement,
GameStop's motion will be GRANTED.
hired Broussard in 2009. Pl.'s Opp'n to Def.'s
Mot. to Compel Arbitration (“Opp'n”) 1, Dkt.
No. 9. GameStop operated a dispute-resolution program called
“GameStop C.A.R.E.S.” to arbitrate disputes
between GameStop and its employees. Id.; Def.'s
Mot. to Compel Arb. (“Mot.”) 2, Dkt. No. 8. When
she was hired, Broussard signed a document acknowledging that
she had received the rules of the GameStop C.A.R.E.S.
program. Opp'n 1-2; Mot. 2-3. She was given sixty days to
opt out, but she did not do so. Mot. 3.
2014, GameStop updated its associate handbook but did not
change the rules of the arbitration process. Mot. 2-3.
Broussard acknowledged receipt of the updated handbook and
again agreed to the GameStop C.A.R.E.S. rules. Id.
terminated Broussard's employment in August 2015.
Opp'n 2. Broussard filed her complaint in this Court on
October 20, 2016, bringing claims for (1) disability
discrimination in violation of Cal. Gov't Code §
12940(a); (2) failure to engage in the interactive process in
violation of Cal. Gov't Code § 12940(n); (3) failure
to accommodate disability in violation of Cal. Gov't Code
§ 12940(m); (4) failure to prevent discrimination in
violation of Cal. Gov't Code § 12940(k); (5)
interference under the California Fair Employment and Housing
Act in violation of Cal. Gov't Code § 12945.2; and
(6) wrongful termination in violation of public policy.
Compl. ¶¶ 29-114, Dkt. No. 1.
the Federal Arbitration Act (“FAA”), written
arbitration agreements “shall be valid, irrevocable,
and enforceable, save upon such grounds as exist at law or in
equity for the avoidance of any contract.” 9 U.S.C.
§ 2 (2012). The FAA “leaves no place for the
exercise of discretion by a district court, but instead
mandates that district courts shall direct the parties to
proceed to arbitration on issues as to which an arbitration
agreement has been signed.” Chiron Corp. v. Ortho
Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir.
2000) (citing Dean Witter Reynolds Inc. v. Byrd, 470
U.S. 213, 218 (1985)). A district court's role is limited
to determining (1) whether the parties agreed to arbitrate
and, if so, (2) whether the claims at issue are within the
scope of that agreement. Id. If the party seeking
arbitration meets these two requirements, the court must
compel arbitration. 9 U.S.C. § 4; Chiron, 207
F.3d at 1130.
contract contains an arbitration clause, the clause is
presumed to be valid. AT&T Techs., Inc. v.
Commc'ns Workers of Am., 475 U.S. 643, 650 (1986).
“[A]ny doubts concerning the scope of arbitrable issues
should be resolved in favor of arbitration.” Three
Valleys Mun. Water Dist. v. E.F. Hutton & Co., 925
F.2d 1136, 1139 (9th Cir. 1991). The party opposing
arbitration has the burden of showing that an arbitration
clause is invalid or otherwise unenforceable. Engalla v.
Permanente Med. Grp., Inc., 15 Cal.4th 951, 972 (1997).
“arbitration is a matter of contract and a party cannot
be required to submit to arbitration any dispute which he has
not agreed so to submit.” AT&T, 475 U.S.
at 648 (quoting Steelworkers v. Warrior & Gulf
Navigation Co., 363 U.S. 574, 582 (1960)). General
contract law principles govern the interpretation and
enforcement of arbitration agreements. First Options of
Chicago v. Kaplan, 514 U.S. 938, 944 (1995).
argues that GameStop's arbitration agreement is invalid
because it is procedurally and substantively unconscionable.
As discussed below, the Court finds that the agreement is
argues that the agreement is procedurally unconscionable
because GameStop gave her the relevant documents
“without giving her the opportunity to review
them.” Opp'n 5. The agreement is “oppressive,
” she argues, because “GameStop never provided
Broussard the GameStop C.A.R.E.S. ...