Jeremy Schaeffer v. Pearce Services, LLC

Jeremy Schaeffer v. Pearce Services, LLC, 25CVP-0343

Hearing: Motion to Compel Arbitration

Date: August 11, 2026

In September 2025, Jeremy Schaeffer filed a complaint for civil penalties under the Private Attorneys General Act against Pearce Services, LLC on behalf of himself and others similarly situated. Currently on calendar is Defendant’s motion to compel arbitration. Plaintiff, who confirmed in a joint stipulation that he had received proper notice of the motion, has not filed an opposition.

The arbitration agreement at issue provides, “The Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement.” (Agosto Decl., Ex. C.) Under the FAA, the court’s role is “limited to determining (1) whether a valid agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at issue. [Citations.]” (Chiron Corp. v. Ortho Diagnostic Systems, Inc. (9th Cir. 2000) 207 F.3d 1126, 1130.) When a contract meets those requirements, “the court must compel arbitration.” (Boardman v. Pacific Seafood Group (9th Cir. 2016) 822 F.3d 1011, 1017.)

Defendant has presented evidence showing the Mutual Agreement Concerning Arbitration of Disputes (the Agreement) was presented to Plaintiff as part of his onboarding; that Plaintiff acknowledged having reviewed the document; and that Plaintiff did not opt out of the Agreement. (Agosto Decl., ¶¶ 5-10; Wynder Decl., ¶¶ 2, 3.)

The Agreement states it “applies to all claims that may have arisen or may arise in connection with your employment or the end of your employment, except as otherwise stated in this Agreement ....” (Agosto Decl., Ex. C.) The Agreement also provides for a waiver of the parties’ rights to initiate or participate in class actions. “Defendant acknowledges that Plaintiff’s representative PAGA claim is not arbitrable and therefore requests that his representative PAGA claim be stayed pending arbitration of his individual PAGA claim.” (Mtn., p. 11, ll. 20-22.)

Having shown a valid agreement to arbitrate exists and that the Agreement covers Plaintiff’s individual PAGA claim, Defendant has met its burden to compel arbitration. Plaintiff has not raised any defenses which would prevent enforcement of the contract.

ORDER (PROPOSED)

The Court grants Defendant’s motion and orders Plaintiff’s individual PAGA claim to arbitration and stays his representative PAGA claim pending arbitration.

1