Wallace v. Advantage Sales & Marketing CA4/3
Defendant Advantage Sales & Marketing, LLC (Advantage) appeals from the trial court’s order denying its motion to compel arbitration of the employment-related claims of its former employee, plaintiff Michelle Wallace. Advantage produced evidence that when Wallace began her employment with Advantage, she had electronically signed a binding arbitration agreement, along with several other documents,. Wallace filed a declaration in support of her opposition to the motion to compel arbitration in which she categorically denied ever seeing, much less signing, the arbitration agreement. The trial court concluded that its ruling on the motion would hinge on the court’s credibility determination as to whether Wallace electronically signed the document or not, and scheduled an evidentiary hearing to explore that credibility issue. After the hearing, the court denied the motion, having found credible Wallace’s testimony she never signed the arbitration agreement.
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