California Court of Appeal

In plaintiff-walnut producers' class action suit against Diamond Foods, claiming that defendant breached an agreement by failing to pay them the reasonable market value for their walnuts, trial court's order striking all class action allegations from the complaint is affirmed where: 1) plaintiffs have not pleaded sufficient facts showing the class action waiver's unconscionability to survive defendant's motion to strike the class action allegations in the complaint; and 2) the class action waiver is not void as against public policy and the enforcement of public rights as it does not affect an unwaivable statutory right.

Appellate Information

• Decided 08/16/2010
• Published 08/16/2010

Judges

• NICHOLSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Charles G. Miller, Jeffrey J. Lederman