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Monthly Archive for: ‘July, 2011’

Second District Refuses to Apply Concepcion to PAGA

The U.S. Supreme Court ruling in AT&T Mobility LLC v. Concepcion, abrogating California decisional law invalidating class action waivers in consumer arbitration agreements to which the FAA applies, does not apply to representative actions under the PAGA. The CA Second Apellate Dist, Div 5 (Los Angeles) held the Trial court erred in invalidating class action waiver in plaintiff’s employment agreement absent the showing of any basis not to enforce this provision and remand the case for the trial court to determine whether to sever the unenforceable provision in the arbitration agreement waiving plaintiff’s right to pursue a PAGA representative action or whether to refuse to enforce the entire arbitration agreement or parts of it.

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Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, and Business Litigation in Orange County, CA area.