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California Court of Appeal


Montano v. The Wet Seal Retail, Inc., B244107

In this wage and hour action brought by plaintiff-employee, the denial of defendant-employer's motion to compel arbitration is affirmed, and defendant's challenge to the grant of plaintiff's motion to compel discovery responses is dismissed, where: 1) based on its determination that the Private Attorneys General Act waiver was invalid, the trial court applied the arbitration agreement's nonseverability provision, and based on that provision, properly declared the entire arbitration agreement void and unenforceable; and 2) the order granting plaintiff's motion to compel discovery responses is nonappealable, and there is no basis for treating an appeal from that order as a petition for writ of mandate.

Appellate Information

  • Decided 01/07/2015
  • Published 01/07/2015

Judges

  • Epstein

Court

  • California Court of Appeal

Counsel

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