Garner v. Inter-State Oil Co., No. C088374 (D3 Jul. 23, 2020)
Employee’s contact has an arb clause in it that requires him to take any and all disputes, including class actions, to arbitration. Then the contract acknowledges by doing so, he was waiving any right to a jury trial or to participate in a civil class action. Trial court compelled the individual claims, but dismissed the class claims, finding that plaintiff agreed not to litigate a class action. But the Court of Appeal reverses. Plaintiff didn’t waive the right to bring a class action. He waived the right to bring a class action in court. The arb provision itself said he needed to litigate class actions in arbitration. So that’s what he can do.
Reversed in part.
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