California Court of Appeal

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Franco v. Arakelian Enterprises, Inc., B232583

In a class action suit against an employer alleging overtime pay, rest and meal period violations, trial court's denial of the employer's petition to compel arbitration is affirmed where: 1) Gentry remains good law because, as required by Concepcion, it does not establish a categorical rule against class action waivers, but instead sets forth several factors to be applied on a case-by-case basis to determine whether a class action waiver precludes employees from vindicating their statutory rights; and 2) as required by Stolt-Nielsen, when a class action waiver is unenforceable under Gentry, the plaintiff's claims must be adjudicated in court, where the plaintiff may file a putative class action.

Appellate Information

  • Decided 11/26/2012
  • Published 11/26/2012

Judges

  • Mallano

Court

  • California Court of Appeal

Counsel