Gabriella v. Recology Inc.

Background

Recology Inc. moved to compel arbitration. Gabriella Tabak opposed the motion, arguing that she never signed an employment agreement with Recology and that her late husband, Adam Tabak, had signed the agreement instead.

The court identified the central issue as whether a valid agreement to arbitrate exists between Gabriella and Recology. The court noted that Gabriella appeared to acknowledge that at least some claims were brought as representative of Adam Tabak’s estate. She did not explain why she could not be bound by the arbitration agreement in that capacity, at least for survival claims.

Recology also did not explain what authority would allow the court to bind Gabriella, as a person who did not sign the agreement, to arbitration of her wrongful-death claim. The court stated that Gabriella was not standing in Adam Tabak’s place for the wrongful-death claim. The court also rejected Recology’s attempt to avoid this issue by relying on a broad delegation provision, because the court first had to determine whether Gabriella was subject to the arbitration agreement at all.

Order

The court found that the record would benefit from fuller briefing. It ordered the parties to submit simultaneous briefs of no more than five pages by August 18, 2022, addressing the identified issues and providing relevant legal authority. After the supplemental briefing, the court would decide whether a hearing on the motion was necessary.

This order did not grant or deny Recology’s motion to compel arbitration.