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Contracts Keyed to Barnett
Samaniego v. Empire Today, LLC
Citation:
140 Cal. Rptr. 3d 492 (2012)Facts
Esteban Samaniego worked for Empire Today as a carpet installer but was classified as an independent contractor. When hired, Samaniego, whose primary language is Spanish, was required to sign various documents in English, including an arbitration agreement. The agreement was presented on a take-it-or-leave-it basis with no opportunity to negotiate terms. The arbitration provisions were heavily one-sided, requiring Samaniego to arbitrate all claims while allowing Empire to seek injunctive relief in court. Additionally, the agreement imposed significant costs on Samaniego, limited discovery, and contained a confidentiality clause. When Samaniego later sought to bring claims against Empire for labor code violations, Empire moved to compel arbitration based on the signed agreement.
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