563 S.W.3d 427
Tex. App.2018Background
- Maria R. Ordaz sued Copart for employment discrimination and retaliation under the Texas Labor Code.
- Copart moved to compel arbitration, supporting its motion with an affidavit from HR employee Kallie Sirles attaching the electronically signed arbitration agreement.
- Ordaz filed no written response to the motion to compel arbitration but filed a motion to compel pre-arbitration discovery, generally denying an enforceable arbitration agreement and seeking to depose Sirles and Copart’s corporate representative.
- The trial court granted Ordaz’s motion and denied Copart’s motion to quash the deposition notice for Sirles.
- Copart filed a mandamus petition challenging the trial court’s order permitting pre-arbitration discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by ordering pre-arbitration discovery (deposition of Copart employee) | Ordaz argued she should be allowed pre-arbitration discovery under Tex. Civ. Prac. & Rem. Code §171.086(a)(4),(6) to challenge existence/enforceability of the arbitration agreement and to cross‑examine Sirles | Copart argued Ordaz offered no evidence creating a fact issue on existence/enforceability of the arbitration agreement and therefore pre-arbitration discovery was unnecessary and overbroad | Court held the trial court abused its discretion: Ordaz did not present a sufficient basis to order pre‑arbitration discovery; the deposition order was overbroad and must be vacated unless Ordaz timely files a proper §171.086(a) motion showing necessity and specificity |
Key Cases Cited
- In re Houston Pipe Line Co., 311 S.W.3d 449 (Tex. 2009) (trial court may order limited pre‑arbitration discovery only on issues of arbitrability/scope; not merits)
- Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266 (Tex. 1992) (motions to compel arbitration are summary proceedings decided on affidavits/pleadings)
- In re Jebbia, 26 S.W.3d 753 (Tex.App.--Houston [14th Dist.] 2000) (motion to compel arbitration is akin to partial summary judgment; movant must prove existence/scope of arbitration agreement)
- G.T. Leach Builders, LLC v. Sapphire V.P., LP, 458 S.W.3d 502 (Tex. 2015) (Texas policy favors arbitration; arbitrability is a question for the court)
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (mandamus relief is available when trial court clearly abuses its discretion)