California Court of Appeal

In a class action suit against an employer, a nationwide provider of pest control services, alleging violations of California's wage and hour laws, defendant's petition for a writ of mandate challenging the trial court's refusal to order individual arbitration is granted, as the trial court erred in concluding that the Gentry factors were established in this case. On remand, the trial court is ordered to provide the parties the opportunity to present evidence and argument on the predicate issue as to whether the parties' arbitration agreement contained an implied agreement to authorize class arbitration.

Appellate Information

• Decided 08/13/2012
• Published 08/13/2012

Judges

• Haller

Court

• California Court of Appeal

Counsel