California Court of Appeal

Reset A A Font size: Print

Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone), B235491

In a putative class action alleging wage and hour violations by an employer, in which the defendant moved to compel arbitration of the plaintiff's individual claims, alleging failure to pay overtime and provide rest and meal periods, and to dismiss the class claims, it is held that: 1) the plaintiff did not provide evidence establishing that the provision authorizing only bilateral arbitration was unenforceable or that classwide arbitration was required; and 2) the parties' arbitration agreement did not authorize class arbitration, so the order denying the defendant's motion to dismiss class claims without prejudice had to be reversed.

Appellate Information

  • Decided 04/25/2012
  • Published 04/25/2012

Judges

  • Kitching

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jackson Lewis, The Nourmand Law Firm