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WESTERN BAGEL COMPANY, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent JOSE CALDERON, Real Party in Interest.

BENDIX, J.

NOT TO BE PUBLISHED

ORIGINAL PROCEEDING; PETITION FOR WRIT OF MANDATE. SUPER. CT. NO. 19STCV22699 KENNETH R. FREEMAN, JUDGE. PETITION GRANTED.

Lewis Brisbois Bisgaard & Smith, Brittany B. Sutton, Tracy D. Forbath, and Katherine E. Akamine for Petitioner.

No appearance for Respondent.

Bitton & Associates and Ophir J. Bitton for Real Party in Interest.

BENDIX, J.

At all relevant times, real party in interest Jose Calderon (Calderon), a Spanish-speaker who can read and write only basic English, was employed by petitioner Western Bagel Company, Inc. (Western Bagel) at one of its retail stores. Calderon commenced a putative class action against Western Bagel for allegedly failing to provide its employees with legally compliant meal and rest breaks. Western Bagel moved to compel arbitration, arguing that Calderon had executed an arbitration agreement that required him to resolve disputes arising out of his employment through binding arbitration. As the parties briefed the motion, it became apparent that the severability clause in the Spanish version of the arbitration agreement Calderon signed indicates the parties agreed to nonbinding arbitration, whereas the severability clause in the original English version of that document suggests the parties consented to binding arbitration. Western Bagel attributed the discrepancy to a typographical error that a third-party company had made when it translated the English version of the document to Spanish. Other provisions in both the English and Spanish versions of the agreement, however, either state explicitly, or strongly support the conclusion, that the agreement calls for binding arbitration.

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Western Bagel Company, Inc. v. Superior Court (Jose Calderon)
(Jun 24, 2021)