waiver – AshiLegal

Gentry still binding until the California Supreme Court rules on the issue of preemption by Concepcion

Posted on August 22, 2012February 12, 2014 by Ashish Gautam Posted in Arbitration, Class Action, Preemption Tagged arbitration agreements, Concepcion decision, Gentry decision, preemption, waiver

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 […]

Court of Appeal Upholds Arbitration Agreement. Rejects D.R. Horton

Posted on July 28, 2012February 12, 2014 by Ashish Gautam Posted in Arbitration, Class Action, Preemption Tagged arbitration agreements, Concepcion decision, D.R. Horton decision, Gentry decision, preemption, waiver

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

Posted on June 26, 2012February 12, 2014 by Ashish Gautam Posted in Attorney fees, Business and Professions Code section 17200, Class Action, Labor Code Private Attorneys General Act (PAGA), Preemption Tagged arbitration agreements, Concepcion decision, Gentry decision, Iskanian decision, PAGA, waiver

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 […]