v. Ortho Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir. 2000). ”If the answer is positive on both counts, then [the lack of application of the savings clause] the law requires the court to apply the arbitration agreement in accordance with its terms. Id. In deciding an arbitration application, a district court must also ”treat the facts as they would if they decide on a summary decision application, and construct all the reasonable facts and conclusions that can be drawn from these facts from a more favourable view to the non-moving party.” Chavez v. Bank of Am., No.C 10-653 JCS, 2011 WL 4712204, at No. 3 (N.D.
Cal Oct. 7, 2011). Finally, the courts apply federal law to issues relating to the interpretation and applicability of arbitration agreements and national contract law to questions of whether the parties have consented to conciliation. Moses H. Cone Mem`l Hosp., 460 U.S. at 22-24; First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995).
Adecco asked that the court maintain the PAGA claims until the outcome of the arbitration.