The San Diego city attorney sued the owner of Instacart for misclassifying its gig workers as independent contractors seeking an injunction and civil penalties under B&P Code 17200.  This decision holds that defendant cannot compel arbitration of the city attorney’s claim.  Like the EEOC in EEOC v. Waffle House Inc. (2002) 122 S.Ct. 754, the city attorney here was not party to any agreement with Instacart.  Though individual workers’ agreements with Instacart contained arbitration clauses, Instacart could not enforce those clauses against the city attorney who was not party to them and who was not attempting to enforce workers’ claims but rather bringing a governmental enforcement action, like the EEOC’s.