Sonic-Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109, 311 P.3d 184 (Sonic II) The California Supreme Court in Sonic I held that it is contrary to public policy and unconscionable for an employer to require an employee, as a […]
Tag: arbitration agreements
Employer moves to compel arbitration after 13 months. Court of Appeal finds “no waiver”, enforces arbitration agreement
Posted on Posted in Arbitration, Class Action
Reyes v. Liberman Broadcasting, Inc. (2012) 146 Cal.Rptr.3d 616 Background: Plaintiff Jesus Reyes (Reyes) worked as a security officer for Defendant Liberman Broadcasting, Inc. (LBI). Reyes signed an arbitration agreement through which he had agreed to submit to final and […]
Gentry still binding until the California Supreme Court rules on the issue of preemption by Concepcion
Posted on Posted in Arbitration, Class Action, Preemption
Truly Nolen of America v. Superior Court (2012) 208 Cal.App.4th 487, 145 Cal.Rptr.3d 432 Background: Plaintiff Alvaro Miranda and Danny Luna filed a class action complaint against Defendant employer Truly Nolen of America (Truly Nolen), a nationwide provider of pest […]
Arbitration Clause Contained In Employee Handbook Held Unconscionable
Posted on Posted in Arbitration, Preemption, Wrongful Termination
Sparks v. Vista Del Mar Child and Family Services (2012) 207 Cal.App.4th 1511, 145 Cal.Rptr.3d 318 Background: Plaintiff Perry Sparks filed a filed a wrongful termination complaint against employer Defendant Vista Del Mar Child and Family Services. Defendant relying upon […]
Court of Appeal Upholds Arbitration Agreement. Rejects D.R. Horton
Posted on Posted in Arbitration, Class Action, Preemption
Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 144 Cal.Rptr.3d 198 Background: Plaintiff, Lorena Nelsen (Nelsen) worked a property manager in California for Defendant, Legacy Partners Residential, Inc. (LPI). At the inception of her employment, Plaintiff received an […]
Court of Appeal upholds class action and PAGA waiver in Employment Arbitration Agreements. Holds Concepcion invalidates Gentry
Iskanian v. CLS Transp. Los Angeles, LLC (2012) 206 Cal.App.4th 949, 142 Cal.Rptr.3d 372 Background: Plaintiff, Arshavir Iskanian, worked as a driver for defendant CLS Transportation Los Angeles, LLC (CLS). During his employment, Plaintiff signed a Proprietary Information and Arbitration […]