Trial Court Lacked Authority To Decide Enforceability Of Arbitration Agreement.

Several years after she was hired, plaintiff signed an employment arbitration agreement. One of the agreement’s provisions stated: “The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.” After plaintiff was fired and the employer petitioned to compel arbitration, the trial court determined the arbitration agreement was unconscionable and denied the petition. The appellate court reversed, stating: “We hold that the trial court lacked the authority on the enforceability of the agreement because the parties’ delegation of this authority to the arbitrator was clear and is not revocable under state law.” (Tiri v. Lucky Chances, Inc. (Cal. App. First, Div. 4; May 15, 2014)226 Cal.App.4th 231, [171 Cal.Rptr.3d 621].)