Wednesday, June 17, 2015

Too Much, Too Long

Oregel v. PacPizza, LLC, No. A141947 (D1d2 Jun. 1, 2015)

In a class action brought by Pizza Hut delivery drivers, the defendant answered, posted jury fees, conducted extensive class certification discovery and briefed class cert. Then, seventeen months after the case was first filed, Defendant filed a petition to compel the case to arbitration based on the lead plaintiff’s employment application. Unsurprisingly, the trial court denied the application based on waiver because the seventeen months of litigation was inconsistent with an intent to arbitrate, and the court of appeal affirms.

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