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Griffin v. United Health Care Services10/31/2005
age eight states: "I agree to submit any and all employment related disputes based on a legal claim to arbitration, and agree to waive my right to a trial before a judge or jury in federal or state court in favor of arbitration under the Policy."
Exhibit 25 is insufficient evidence of a valid agreement between Perryman and defendants to arbitrate employment disputes, because the document fails to prove what is meant by the critical phrase "under the Policy." The first sheet of paper has no reference to an arbitration policy, and therefore cannot be read to manifest such an agreement. Although the second sheet of paper refers to "the Policy," no policy is attached to this sheet of paper. When courts are asked to construe a contract, they are obligated to consider the whole contract together. (Civ. Code, ยง 1641.) Without the policy to which this second sheet of paper refers, we cannot determine what policy Perryman was purportedly agreeing to, and, more specifically, whether it was in fact the March 1, 2002 "Employment Arbitration Policy," i.e., exhibit one, upon which appellants' petition to compel arbitration relies. Appellant has failed to prove this material term of the agreement it seeks to enforce.
Furthermore, on the factual issue of whether Perryman ever received the arbitration policy identified as exhibit one, Perryman's declaration that she never received it is undisputed. Her declaration and the absence of the complete policy preclude a conclusion on this record that she and defendants ever executed a valid agreement to arbitrate.
Given our conclusion that appellant has failed to prove the formation of a valid agreement to arbitrate the parties' disputes, we need not reach the issue of unconscionability.
DISPOSITION
The order denying defendants' petition to compel arbitration is affirmed.
We concur: Simons, J., Gemello, J.
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