Moss Brothers proffered a declaration from its business manager stating Ruiz electronically signed the arbitration agreement. The court acknowledged the use of electronic signatures is expressly permitted under California contract law. Moss Brothers also sought dismissal of the class claims because the arbitration agreement included a waiver of the right to assert claims on a class basis. Moss Brothers filed a petition to compel arbitration on the basis that Ruiz had electronically signed an agreement to arbitrate all disputes with his employer.

Plaintiffs sought damages and civil penalties. The lawsuit alleged Ruiz and other employees were not paid for all hours worked, paid overtime wages, provided meal and rest periods, provided with accurate wage statements, timely issued final wages, and reimbursed for business expenses. Ruiz was a named plaintiff in a class action wage and hour lawsuit against Moss Brothers Auto Group, Inc. Moss Brothers Auto Group (2014) 2014 WL 7335221.) This decision can guide K-12 school districts and community college districts in ensuring the authenticity of electronic signatures, not only on employment-related documents, but on any documents signed electronically. Last month a California Court of Appeal held that while electronic signatures are valid on employment arbitration agreements in California, if an employee disputes an electronic signature, the employer bears the burden of proving the employee electronically signed the document.

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