MUTUAL AGREEMENT TO ARBITRATE CLAIMS

  1. I agree and acknowledge that my employer Coastline Chrysler Dodge Jeep Ram, (the “Company”), including its brands, concepts, affiliates, subsidiaries, and related entities, past, present, or which may be formed, and I will utilize binding arbitration as the sole and exclusive means to resolve all disputes that may arise out of or be related to my employment, including but not limited to the termination of my employment and my compensation. The Company and I each specifically waive and relinquish our respective rights to bring a claim against the other in court, and this waiver will be equally binding
    on any person who represents or seeks to represent me or the Company in a lawsuit against the other in court. Both I and the Company agree that any claim, dispute, and/or controversy I may have against Company (or its owners, directors, officers, managers, employees, or agents), or the Company may have against me, will be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act (“FAA”). The binding arbitration will be determined in conformity with the procedures of the California Arbitration Act (“CAA”), Cal. Code Civ. Proc. §§ 1280 et seq., including
    Section 1283.05 and the CAA’s other mandatory and permissive rights to discovery; however, the court may not refuse to enforce this agreement or stay the arbitration proceeding under Cal. Code Civ. Proc. § 1281.2(c).
  2. The parties agree the FAA applies to this Agreement. Included within the scope of this Agreement are all disputes, whether based on tort, contract, statute (including, but not limited to, any claims of discrimination, harassment and/or retaliation, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation), equitable law, or otherwise. The only exception to the requirement of binding arbitration will be for claims arising under the National Labor Relations Act brought before the National
    Labor Relations Board, claims for medical and disability benefits under the California Workers’ Compensation Act, Employment Development Department claims, or as may otherwise be required by state or federal law. However, nothing herein will prevent me from filing and pursuing proceedings before the California Department of Fair Employment and Housing, or the United States Equal Employment Opportunity Commission (although if I pursue a claim following the exhaustion of such administrative remedies, that claim would be subject to this Agreement). By this binding arbitration provision, both the Company (or its owners, directors, officers, managers, employees, or agents) and I give up our respective rights to trial by jury of any claim I or the Company (or its owners, directors, officers, managers, employees, or agents) may have against the other that may arise out of or be related to my employment.
  3. All claims brought under this Agreement shall be brought in the individual capacity of myself or the Company.
  4. To the extent allowable under applicable law, this Agreement will not be construed to allow or permit claims brought on behalf of any state or government as a private attorney general, including claims under California Private Attorneys General Act of 2004 (“PAGA”). By signing this agreement, I am agreeing to waive any substantive or procedural rights I may have to sue on as a private attorney general. No court or arbitrator will have the authority under this agreement to order claims brought on behalf of any state or government as a private attorney general, including claims under PAGA, to proceed
    in arbitration.
  5. Both Company and I agree that a court of competent jurisdiction will be the sole determiner of any disputes regarding whether this Agreement allows for class, collective, or representative arbitration. A court of competent jurisdiction will decide all issues about the enforceability of the class, collective, or representative waivers herein. The parties agree and stipulate that the arbitrator has no authority or jurisdiction regarding these issues.
  6. Should a court determine that the prohibition on class, collective, private attorney general, or representative actions is invalid, both Company and I waive any right to arbitration of the class, collective, private attorney general, or representative actions at issue and instead agree and stipulate that such claims will proceed in court and not before an arbitrator, but only after any claims subject to this Agreement are fully arbitrated.
  7. If I assert PAGA-only claims in court, I agree to concurrently arbitrate any alleged violations of the California Labor Code and/or the California Industrial Welfare Commission Wage Orders in my individual capacity. I agree the Company can initiate such an arbitration proceedings.
  8. Both Company and I agree that a court of competent jurisdiction will be the sole determiner of whether the FAA applies to this Agreement. and whether the class, collective and representative action waivers are enforceable. Should a court determine that the class or collective action waivers are not enforceable, both Company and I waive any right to arbitration, and instead agree and stipulate that any class or collective claims will proceed in court and not before an arbitrator.
  9. This Agreement is not intended to interfere with my rights to collectively bargain, to engage in protected, concerted activity, or to exercise other rights protected under the National Labor Relations Act. I will not be subject to disciplinary action of any kind for opposing the arbitration provisions of this Agreement.
  10. Besides any other requirements imposed by law, the arbitrator selected will be a retired California Superior Court Judge, or an otherwise qualified individual to whom the parties mutually agree, and will be subject to disqualification on the same grounds as would apply to a judge of such court. All California rules of pleading (including the right of demurrer), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and judgment under Cal. Code Civ. Proc. § 631.8 will apply and be observed. The arbitrator will have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications made in good faith contemplation of, during, or for the arbitration proceedings are privileged under Cal. Code Civ. Proc. § 47(b). As reasonably required to allow full use and benefit of this Agreement’s modifications to the California Arbitration Act’s procedures, the arbitrator will extend the times set by the Act for giving notices and setting of hearings. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law. Awards shall include the arbitrator’s written reasoned opinion and, at either party’s written request within 10 days after issuance of the award, shall be subject to affirmation, reversal or modification, following review of the record and arguments of the parties by a second arbitrator who shall, as far as practicable, proceed according to the law and procedures applicable to appellate review by the California Court of Appeal of a civil judgment following court trial.
  11. Oral representations or agreements made before or after my employment regarding procedures for dispute resolution do not alter this agreement.
  12. If any term or provision, or portion of this Agreement is declared void or unenforceable, including, but not limited to, my agreement to waive any right I may have to bring a class, collective, and/or representative action, said term or provision shall be severed and the remainder of this Agreement shall be enforceable.
  13. All claims brought under this Agreement will be held in the county in which the claims arose, or any other county where venue is otherwise appropriate under statute.
  14. I acknowledge that I may consult with my own attorney for advice about this Agreement. I further acknowledge that this Agreement is entered into voluntarily and that my signature was not coerced or made under duress.