California Court of Appeal

In a class action dispute under the Private Attorney General Act of 2004 (PAGA) alleging violations of the Labor Code, judgment of the trial court denying defendants' petition to compel plaintiff to submit her individual causes of action to arbitration as required under her employment agreement is reversed where judgment was not supported by substantial evidence, but remanded where the trial court correctly ruled that the waiver of plaintiff’s right to pursue a representative action under the PAGA was not enforceable under California law, since AT&T Mobility LLC's holding that California decisional law invalidating class action waivers in consumer arbitration agreements is preempted by the Federal Arbitration Act does not apply to representative actions under the PAGA.

Appellate Information

• Decided 07/12/2011
• Published 07/12/2011

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• MOSK