California Court of Appeal

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Sonic-Calabasas A, Inc. v. Moreno, B204902

In a dispute involving the applicability of an arbitration agreement to an administrative wage claim, trial court order denying plaintiff's motion to compel arbitration is reversed where: 1) defendant contractually waived the statutory right to pursue his wage claim in an administrative forum under Berman; and 2) the Berman waiver is not unenforceable for public policy reasons under Armendariz or Gentry as defendant failed to demonstrate either the inadequacy of the arbitral forum provided by the arbitration agreement or the existence of a factual basis to invalidate all Berman waivers as against public policy.

Appellate Information

  • Decided 05/29/2009
  • Published 05/29/2009

Judges

  • SUZUKAWA, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Fine, Boggs & Perkins, David J. Reese, and John P. Boggs, Half Moon Bay, for Plaintiff and Appellant.

  • For Appellees:
  • Rachel Folberg, and Miles E. Locker, San Francisco, for Defendant and Respondent.