California Court of Appeal

The trial court erred in granting defendant's motion to compel individual arbitration as to plaintiff's claims under the Labor Code Private Attorneys General Act (PAGA), where: 1) defendant did not waive or abandon its right to enforce the arbitration agreement; 2) the National Labor Relations Act does not make the class-action waiver unenforceable; but 3) the class action waiver is unenforceable as applied to claims under PAGA because the Federal Arbitration Act (FAA) does not demand enforcement of an arbitration agreement that purports to override the statutory right to bring representative claims under PAGA.

Appellate Information

• Decided 06/04/2013
• Published 06/04/2013

Judges

• PREMO

Court

• California Court of Appeal

Counsel