Sheila Tovar, on behalf of herself and others similarly situated v. LGCY Power, LLC, et al.

Tovar · United States District Court for the Southern District of California · December 5, 2025 · No. 25-cv-02627-AJB-MSB

Summary

The United States District Court for the Southern District of California grants LGCY Power, LLC’s motion to compel individual arbitration in Sheila Tovar’s putative wage-and-hour class action. The court finds the arbitration agreement valid and enforceable, determines that Tovar’s individual claims fall within its scope, and dismisses the class claims without prejudice under the class-action waiver. The action is stayed pending arbitration, with the parties ordered to submit periodic status reports.

Holdings

  1. The electronically signed arbitration agreement was valid and enforceable because Plaintiff signed it, did not dispute her signature, and raised no defense to contract formation or enforcement.
  2. Plaintiff's individual claims fell within the broad scope of the arbitration agreement and were required to proceed to individual arbitration.
  3. The class claims were barred by the agreement's class-action waiver and were dismissed without prejudice because Plaintiff's individual claims were subject to arbitration.
  4. The action was required to be stayed pending completion of individual arbitration.

Questions Presented

  1. Whether a valid and enforceable arbitration agreement existed between Plaintiff and Defendant.
  2. Whether Plaintiff's individual employment-related claims fell within the scope of the arbitration agreement.
  3. Whether the agreement's individual-arbitration and class-action waiver barred Plaintiff's putative class claims.
  4. Whether the action should be stayed pending completion of individual arbitration.

Disposition

other

Cases Cited (14)

  • Brennan v. Opus Bank, 796 F.3d 1125, 1129-30 (9th Cir. 2015)(followed)
  • AT&T Mobility LLC v. [citation incomplete in source], 344 (2011)(followed)
  • Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 218 (1985)(followed)
  • Kilgore v. KeyBank, Nat. Ass'n, 673 F.3d 947, 955 (9th Cir. 2012), on reh'g en banc, 718 F.3d 1052 (9th Cir. 2013)(followed)
  • AT&T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 649 (1986)(followed)
  • Knutson v. Sirius XM Radio Inc., 771 F.3d 559, 565 (9th Cir. 2014)(followed)
  • Heckman v. Live Nation Entertainment, Inc., 120 F.4th 670, 680 (9th Cir. 2024), cert. denied sub nom. Live Nation v. Heckman, No. 24-1145, 2025 WL 2823733 (U.S. Oct. 6, 2025)(followed)
  • Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681, 687 (1996)(followed)
  • Marsh v. S.D. County, 432 F. Supp. 2d 1035, 1043 (S.D. Cal. 2006)(followed)
  • Cooper v. Adobe Systems Inc., No. 18-CV-06742-BLF, 2019 WL 5102609, at *4 (N.D. Cal. Oct. 11, 2019)(followed)

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