Foothill Heights Care Center, LLC v. Jimenez CA2/5
Defendant and appellant Foothill Heights Care Center, LLC, appeals from an order denying a petition to compel arbitration in favor of plaintiff and respondent Lillian Jimenez in this employment discrimination action. The trial court found there was no objective manifestation of assent to the arbitration agreement under the circumstances of this case, because both parties knew Jimenez did not understand the document when she signed it; Foothill knew Jimenez had very limited understanding of English, her requests to obtain a translation were denied, and Foothill required her to sign the document by the end of her shift to keep her job. On appeal, Foothill contends: 1) although the company was aware Jimenez did not understand the contents of the arbitration agreement, Jimenez’s signature on the arbitration agreement was sufficient to constitute her objective manifestation of assent; and 2) her continued employment with Foothill also constituted acceptance of the arbitration agreement.
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