Rocha v. Kinecta Fed. Credit Union
Plaintiff, Eva Rocha, appeals from a November 15, 2011 order compelling arbitration of her individual wage and hour causes of action but dismissing her class claims. We conclude: the order under review are appealable; both defendants, Kinecta Federal Credit Union and Kinecta Alternative Financial Solutions, Inc., may compel arbitration; the agreement to arbitrate does not permit classwide arbitration; any issue concerning title 29 United States Code section 157 has been forfeited; and the trial court did not abuse its discretion in refusing to continue the hearing date on the motion to compel arbitration. We affirm the order under review.
Defendants moved to compel arbitration of plaintiff’s individual causes of action and dismissing her class claims. Plaintiff was employed by Nix Check Cashing in October 2006 as a manager in training. One month later she became a senior teller. Subsequently Nix Check Cashing was acquired by defendants. Plaintiff became an employee of Kinecta Alternative Financial Solutions, Inc., a wholly-owned subsidiary of Kinecta Federal Credit Union. Her job title was changed to branch supervisor with no pay change. On December 17, 2007, plaintiff was asked to sign an arbitration agreement with Kinecta Federal Credit Union and its wholly-owned subsidiaries.
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