Gutierrez v. Carter Bros. Security Services, LLC

63 F. Supp. 3d 1206, 2014 U.S. Dist. LEXIS 154400, 2014 WL 5501327
CourtDistrict Court, E.D. California
DecidedOctober 30, 2014
DocketNo. 2:14-cv-00351-MCE-CKD
StatusPublished
Cited by1 cases

This text of 63 F. Supp. 3d 1206 (Gutierrez v. Carter Bros. Security Services, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gutierrez v. Carter Bros. Security Services, LLC, 63 F. Supp. 3d 1206, 2014 U.S. Dist. LEXIS 154400, 2014 WL 5501327 (E.D. Cal. 2014).

Opinion

MEMORANDUM AND ORDER

MORRISON C. ENGLAND, JR., Chief Judge.

On March 10, 2014, Plaintiffs filed the instant class action on behalf of themselves and other putative class members (collectively “Plaintiffs” or “Class Members”) against Carter Brothers Security Services, LLC (“Carter Brothers”), AT & T Digital Life, Inc. (“AT & T”), Pacific Bell Telephone Company dba AT & T Datacomm, Inc. (“PacBell”), AT & T Corp., and Does 1 through 10 inclusive (“Doe Defendants”). See ECF No. 8. Plaintiffs are seeking damages, restitution, civil penalties, and injunctive relief as a result of Defendants’ alleged violations of both state and federal labor laws. Plaintiffs further allege causes of action for conversion and violations of California’s Unfair Competition Law. Id. Presently before the court are two motions brought by Defendant Carter Brothers. The first seeks an order compelling arbitration and dismissing, or alternatively staying the action, and the second seeks to dismiss the complaint or, in the alternative, to transfer the proceedings to Georgia. See ECF Nos. 38, 34. For the following reasons, both motions are DENIED.1

BACKGROUND2

In 2012, Carter Brothers entered into a contract with AT & T that called for Carter Brothers to provide technicians for the installation of AT & T Digital Life security systems in customer homes and businesses. Carter Deck, ¶ 2. Under the terms of that contract, Carter Brothers pledged to hire, train, and supply labor and construction related installation and monitoring technicians to AT & T in California and various other states. Prior to commencing work, Carter Brothers required Plaintiffs and Class Members to sign an Independent Contractor Agreement (“Agreement”), which Plaintiffs allege misclassified them as independent contractors rather than employees. Plaintiffs claim that Carter Brothers entered into these Agreements knowing the contract between Carter Brothers and AT & T did not include sufficient funds to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided.

The thrust of Plaintiffs’ argument is that Plaintiffs were required to enter into the Agreements so that Carter Brothers and AT & T could avoid and evade federal and state labor laws, wage and hour laws, and [1210]*1210other laws, taxes, and requirements. According to Plaintiffs, Carter Brothers and AT & T knew that their contract failed to provide sufficient funds to comply with such requirements. As an inducement for Plaintiffs to sign the Agreements, Plaintiffs claim that Defendants fraudulently promised Class Members they would be converted to W-2 employees after a short introductory period of employment, which never happened. The Agreements, Plaintiffs claim, contained illegal, unconscionable, void and voidable terms. Those terms included provisions relating to non-competition, indemnification, dispute resolution, and governing law. Plaintiffs seek to rescind the Agreements, and request that the Court find the Agreements unconscionable and therefore invalid and unenforceable in their entirety.

Although Plaintiffs signed Agreements purporting to state they were independent contractors, Plaintiffs claim they were in fact employees of both Carter Brothers and AT & T. In support of that proposition, Plaintiffs aver that Class Members were given their work schedule, for example, by both Carter Brothers and AT & T, and were expected to abide by the scheduling dictated by those two entities. Additionally, Class Members were required to drive vehicles owned and provided by AT & T, that displayed AT & T’s logo and branding. Class Members were not allowed to use those vehicles for any personal reason. Class Members had no ownership or investment in the work they did for Carter Brothers and for AT & T, and had to provide their own tools and supplies, even though Carter Brothers and AT & T promised those items would be provided. Class Members were also required to wear uniforms bearing AT & T logos and were expressly forbidden from engaging in any outside work with competing employers during and after the term of the Agreements. Class Members were required to participate in a two-week initial training session provided by Carter Brothers and AT & T, and to also participate in on-going training sessions. Additionally, Class Members’ work was regularly overseen, supervised, and directed by Carter Brothers and by AT & T.

In Carter Brothers’ first motion, the company seeks to compel arbitration under the terms of the Agreement and to dismiss the present action by virtue of the Agreement’s alternative dispute resolution provisions. See ECF No. 34. In Carter Brothers’ second motion, it asks the Court to transfer this action to Georgia under Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. § 1406(a), pursuant to the forum selection clause contained in the Agreement, and to accordingly dismiss the action pending in this District. Alternatively, Carter Brothers requests that these proceedings be stayed pending completion of arbitration proceedings. See ECF No. 33.

As set forth below Defendant’s motions to compel arbitration and to dismiss or stay the action based upon the arbitration provision are denied. Because the Court concludes the Agreements at issue are unconscionable and therefore unenforceable, Defendant Carter Brothers’ Motion to Compel Arbitration based on the Agreements must necessarily fail. Additionally, the fact that the Agreements are unenforceable means that Carter Brothers’ second motion, to dismiss or transfer venue of the action based on the Agreements’ forum selection clause, also fails.

ANALYSIS

The Federal Arbitration Act (“FAA”) provides that a written provision in a “contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract ... shall be valid, irrevocable, and [1211]*1211enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. The FAA allows a party to seek a court order compelling arbitration where another party refuses to arbitrate. 9 U.S.C. § 4. Valid arbitration agreements must be “rigorously enforced.” Perry v. Thomas, 482 U.S. 483, 490, 107 S.Ct. 2520, 96 L.Ed.2d 426 (1987) (citation omitted). The FAA “leaves no place for the exercise of discretion by a district court, but instead mandates that district courts shall direct the . parties to proceed to arbitration on issues as to which an arbitration agreement has been signed.” Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 218, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985) (emphasis in the original).

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Cite This Page — Counsel Stack

Bluebook (online)
63 F. Supp. 3d 1206, 2014 U.S. Dist. LEXIS 154400, 2014 WL 5501327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-v-carter-bros-security-services-llc-caed-2014.