Garcia v. Pacific Sunwear Stores CA2/7, B331888

Ruby Garcia sued Pacific Sunwear Stores (PACSUN) for disability discrimination, retaliation, and wage/hour violations, alleging wrongful termination after taking medical leave.
PACSUN moved to compel arbitration, asserting Garcia electronically signed an arbitration agreement at her employment start in 2016.
Garcia denied ever signing any arbitration agreement, asserted the onboarding system was insecure, and noted HR staff could and did access employee accounts without authorization.
PACSUN’s evidence consisted chiefly of HR VP Milligan’s declaration (employed since 2019), employment records, and documents showing a purported electronic signature on the arbitration agreement for Garcia.
The trial court excluded most of Milligan’s declaration for lack of personal knowledge and denied the motion to compel arbitration, finding PACSUN failed to sufficiently authenticate Garcia’s electronic signature.
PACSUN appealed, arguing the trial court erred in its evidentiary rulings and finding on authenticity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authentication of Electronic Signature	Garcia never signed the agreement; HR staff could impersonate employees and alter documents.	PACSUN argued system was secure and records showed Garcia signed.	PACSUN did not sufficiently authenticate Garcia's electronic signature; evidence properly excluded.
Personal Knowledge of Declarant	Milligan lacked first-hand knowledge of the 2016 processes.	Milligan’s HR role and document review sufficed.	Milligan lacked requisite personal knowledge; declaration was inadmissible.
Burden-Shifting in Arbitration Motions	Denial of signature shifted burden to PACSUN.	Garcia’s denial insufficient to create factual dispute.	Garcia’s denial was sufficient to shift burden; PACSUN failed to meet it.
Sufficiency of Employer’s Evidence	HR records and signature could be fabricated/inauthentic.	Business records and quasi-PMQ declaration were enough.	Evidence was conclusory and speculative; not sufficient to require arbitration.

Engalla v. Permanente Medical Group, Inc., 15 Cal.4th 951 (Cal. 1997) (burden on party seeking arbitration to prove existence of valid agreement)
Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC, 55 Cal.4th 223 (Cal. 2012) (burden-shifting framework in arbitration)
West v. Solar Mosaic LLC, 105 Cal.App.5th 985 (Cal. Ct. App. 2024) (authentication of electronic signatures; burden-shifting)
Espejo v. Southern California Permanente Medical Group, 246 Cal.App.4th 1047 (Cal. Ct. App. 2016) (requirements for authenticating an electronic signature)
Ruiz v. Moss Bros. Auto Group, Inc., 232 Cal.App.4th 836 (Cal. Ct. App. 2014) (conclusory evidence is insufficient for signature authentication)