Legal Opinion

Pinela v. Neiman Marcus Group, Inc.

California Court of Appeal

Decided June 30, 2015No. A137520PublishedCited by 52 opinions

1Opinion of the Court

Opinion

STREETER, J.

I. INTRODUCTION

Plaintiffs Bernadette Tanguilig and Juan Carlos Pinela brought this putative class action against their former employer, Neiman Marcus Group, Inc. (NMG), alleging violations of the Labor Code, and NMG moved to compel arbitration. The trial court initially ordered arbitration of all of Pinela’s claims except his claim under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.), but later reconsidered its order and denied the motion, concluding the arbitration agreement at issue is illusory. On appeal, NMG argues (1) the court…

2Cases cited54 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  4. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  5. Rent-A-Center, West, Inc. v. JacksonSupreme Court of the United States · 2010

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3Cited by52 opinions

  1. Aanderud v. Superior Court of Kern Cnty., California Court of Appeal, 5th District2017
  2. Baxter v. Genworth N. Am. Corp., California Court of Appeal, 5th District2017
  3. Meadows v. Dickey's Barbecue Restaurants Inc.District Court, N.D. California · 2015
  4. Jose Ronderos v. Usf Reddaway, Inc.Court of Appeals for the Ninth Circuit · 2024
  5. Nielsen Contracting, Inc. v. Applied Underwriters, Inc., California Court of Appeal, 5th District2018

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