JAY EPPS VS. MICHAELS STORES, INC. ET AL

Matter on the Law & Motion / Discovery calendar for Tuesday, June 24, 2025, Line 9. DEFENDANT MICHAELS STORES, INC., THE MICHAELS COMPANIES, INC.'S MOTION TO COMPEL ARBITRATION.

Defendants Michaels Stores, Inc. and Michaels Companies, Inc.'s motion to compel arbitration and stay action is denied. The court assumes without deciding that there is an arbitration agreement between defendants and plaintiff Jay Epps. However, because Mr. Epps seeks public injunctive relief and the arbitration agreement provides that the arbitrator "may award on an individual basis any relief that would be available in court," the arbitration agreement is "invalid and unenforceable" per McGill v. Citibank (2017) 2 Cal. 5th 945, 961 since it purports to waive Mr. Epps' statutory right to seek public injunctive relief.

Relying solely on Maynez v. Walmart, Inc. (CD CA 2020) 479F. Supp. 3d 890, 899, defendants argue that the quoted language from the arbitration agreement allows the arbitrator to award public injunctive relief. Defendants fail to acknowledge, and Mr. Epps fails to point out, that on this point Maynez has been rejected by the First District Court of Appeal in Jack v. Ring LLC (2023) 91 Cal. App. 5th 1186, 1204-1208.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.