Wilkins v. Cruise, LLC, 121 Cal. App. 5th 927 (2026)

A Cruise employee was injured while riding in one of the company’s autonomous vehicles, but he was off duty and using the ride-hailing service as a customer. He sued Cruise and related entities, which sought arbitration under both his employment agreement and the Terms of Service associated with his customer account. The trial…

Morales v. Superior Court, 122 Cal. App. 5th 239 (2026)

A former employee asserted disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation under the California Family Rights Act, and common law wrongful termination claims. The trial court granted the employer’s motion to compel arbitration based on an arbitration clause that applied to disputes “regarding any aspect” of the…

Cluck v. GEO Secure Services, LLC, 122 Cal. App. 5th 249 (2026)

A former employee brought a putative wage-and-hour class action, and GEO sought to enforce an arbitration agreement signed during onboarding. The Court of Appeal held that the arbitration agreement had to be read together with a confidentiality agreement that was signed at the same time. Taken as a package, the documents…

Hickenbottom v. Medical Solutions LLC, 2026 WL 2511310 (Cal. Ct. App. 2026)

Medical Solutions first moved to compel a travel nurse’s wage-and-hour claims under an arbitration provision in its handbook. After the trial court denied the motion because that provision had been superseded, the company filed a second motion relying on a different arbitration agreement. The Court of Appeal held that the second filing…

Mitchell v. Lilac Solutions, Inc., 2026 WL 2443955 (Cal. Ct. App. 2026)

Employees sued for wrongful termination, discrimination, and sexual harassment. The employer answered, pursued extensive discovery over the course of three months, filed cross-claims, and otherwise advanced the court proceedings before moving to compel arbitration shortly after the employees filed an anti-SLAPP motion. Applying the California Supreme Court decision in Quach v. California…

Combs v. Netflix, Inc., 180 F.4th 1201 (9th Cir. 2026)

Jessica Combs alleged that from 2017 through 2021, she repeatedly complained to Netflix about a sexually charged workplace and specific incidents of harassment, that Netflix failed to correct the situation, and that she was terminated in retaliation for her complaints in December 2021. Combs filed an administrative complaint in August 2023 and later…

Ding v. Structure Therapeutics, Inc., 2026 WL 2420555 (9th Cir. 2026)

After her termination, former CFO Dr. Ding Ding filed an arbitration demand, alleging discrimination and harassment based on national origin and her status as a domestic-violence victim. Discovery revealed evidence suggesting that the alleged mistreatment was motivated by her sex (based on a document identifying a male as the “ideal phenotype” for the…

Ever since the enactment of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) in 2022, the plaintiffs’ bar has made it Job One to insert often implausible claims of sexual harassment into all manner of disparate employment cases (having nothing whatsoever to do with sexual harassment) in an often successful effort to avoid arbitration. (The EFAA permits a person alleging…

Cocom v. ABM Aviation, Inc., 2026 WL 1793637 (9th Cir. 2026)

In this putative wage and hour class action, the district court denied the employer’s motion to compel arbitration after concluding it was procedurally and substantively unconscionable based on the analysis of Cook v. University of S. Cal., 102 Cal. App. 5th 312 (2024).  The Ninth Circuit, relying largely upon Ayala-Ventura…

Fuentes v. Empire Nissan, Inc., 19 Cal. 5th 93 (2026)

When applying to work at Empire Nissan, Evangelina Yanez Fuentes was given an employment application packet that included an arbitration agreement that was written in a very small font with text that was “so blurry and broken up that it is nearly unreadable.”  When Fuentes went on medical leave for cancer treatment two…