Vu v. Superior Court
The plaintiff filed a class action against his employer, alleging the employer had violated the Labor and Business and Professions Codes by denying meal and rest periods and then failing to pay wages due as a result. The employer moved to compel arbitration, asserting the plaintiff was bound by a written arbitration agreement. In opposition, the plaintiff argued the purported agreement, which precluded all class, collective and representative actions (among other limitations), was unconscionable on multiple grounds and therefore unenforceable; at the very least, he urged, he should be granted a continuance to conduct discovery pursuant to Gentry v. Superior Court (2007) 42 Cal.4th 443, 463. The trial court granted the petition to compel arbitration, and the plaintiff filed a petition for writ of mandate. Because the employers arbitration agreement contains multiple defects and is unenforceable as a result, Court grant the petition for writ of mandate as this matter should proceed in a court of law.
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