2017-00222056-CU-BC
Jamal Alfadel vs. Fedex Ground Package Systems, Inc.
Nature of Proceeding: Motion to Compel Arbitration
Filed By: Sandberg, Katherine P.
Defendants FedEx Ground Package Systems, Inc.’s (“FedEx”) motion to compel arbitration is DROPPED for defective service.
This is an employment action. Plaintiffs are Jamal Alfadel (“Alfadel”) and J&J Courier Services, Inc. (“J&J”) (collectively “Plaintiffs”). Plaintiffs allege that Alfadel’s relationship with FedEx commenced in 2008 when Alfadel obtained a position managing a FedEx shipping route belonging to a friend. Alfadel began buying FedEx delivery routes through his different corporations. Alfadel owns and operates several Sacramento-based transportation businesses, including J&J. Plaintiffs allege that “[a] substantial portion, if not all, of Alfadel’s revenue is derived from contracts with FedEx-known as Independent Service Provider Agreements (“ISP Agreements”)-whereby J. S. Alfa, Inc, Yara Inc., J & J and Alfadel’s other businesses contract with FedEx to retrieve and/or deliver packages to and from customers of FedEx. Plaintiffs allege that FedEx took discriminatory and retaliatory actions against Alfadel based on his national origin and filing an internal complaint of the harassing and discriminatory treatment.
Also named as defendants are John Tumskie, Matt Magnes, Jason Dennis, Kenneth Broadous, and Kathy Thurston (collectively “Individual Defendants”). The Individual Defendants are alleged to be employees of FedEx.
The motion is dropped due to the fact that FedEx seeks to compel the entire action to arbitration, including those involving the Individual Defendants. However, the instant motion was only served on Plaintiff, and was not served at all on the Individual Defendants.
Pursuant to Code of Civil Procedure § 1290.4(b)(2), where as here, the Individual Defendants have yet to appear in the action, the motion and notice of hearing on the motion must be served in the manner of a summons. The Court, therefore, cannot issue an order compelling a party (who has not even yet appeared in this action) to arbitration when that party has not even been provided the required notice of the
motion. Defective notice deprives the court of jurisdiction to consider the motion. (Lee v Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.)