No Showing Electronic Signature Was That Of Plaintiff, So Motion To Compel Arbitration Denied.

In a class action wage and hour action, the trial court denied defendant’s petition to compel arbitration, implicitly finding defendant did not present evidence to support its claim there was an arbitration agreement. At the hearing, defendant asserted plaintiff electronically signed a 2011 arbitration agreement, but did not explain how it verified there was such an electronic signature. Plaintiff conceded he may have signed an agreement, but was uncertain. In affirming, the appellate court noted that Civil Code section 1633.9 describes how to show that an electronic signature is attributable to a particular person. (Ruiz v. Moss Bros. Auto Group, Inc. (Cal. App. Fourth Dist., Div. 2; December 23, 2014) 232 Cal.App.4th 836, [181 Cal.Rptr.3d 781].)