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California Court of Appeal

Franco v. Athens Disposal Co., Inc., B203317

In a class action suit, trial court's grant of defendant's petition to compel arbitration based on a written agreement is reversed where: 1) the class arbitration waiver in the agreement was unconscionable with respect to the alleged violations of the meal and rest period laws given the modest size of the potential individual recovery, the potential for retaliation against members of the class, and the fact that absent members of the class may be ill informed about their rights; and 2) the arbitration agreement is unconscionable as it prevents plaintiff from acting as a private attorney general and seeking civil penalties on behalf of other employees, conflicting with the Private Attorneys General Act of 2004.

Appellate Information

  • Decided 03/10/2009
  • Published 03/10/2009




  • California Court of Appeal


  • For Appellant:
  • Rastegar & Matern, Matthew J. Matern and Thomas S. Campbell, Torrance, for Plaintiff and Appellant.

  • For Appellees:
  • Hill, Farrer & Burrill, Kyle D. Brown, James A. Bowles and E. Sean McLoughlin, Los Angeles, for Defendant and Respondent.
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