Nicholas Laboratories v. Chen
In a role reversal of the archetypal case, ex-employee Christopher Chen appeals the trial courts denial of his petition to compel contractual arbitration against his ex-employer, Nicholas Laboratories, LLC.[1] The court found Chen did not meet his statutory burden of establishing the existence of a written arbitration agreement between the parties. (Code Civ. Proc., 1281.2.) Chen failed to attach the alleged agreement to his petition, instead relying on a declaration claiming he recalled signing a document with a broad arbitration agreement covering all disputes. Because the court, as the trier of fact, was entitled to find Chen did not meet his burden of establishing the existence of an arbitration agreement, Court affirm.
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