Legal Opinion

Esparza v. KS Indus., L.P.

California Court of Appeal, 5th District

Decided August 2, 2017No. F072597PublishedCited by 36 opinions

1Opinion of the CourtFranson, J.

*1233Defendant KS Industries, L.P. appeals from an order denying its motion to compel arbitration of a dispute with a former employee. The employee contends the lawsuit is a representative action under the Private Attorneys General Act of 2004 (PAGA). ( Lab. Code, § 2698 et seq. ) He argues the trial court properly applied the rule adopted in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 173 Cal.Rptr.3d 289, 327 P.3d 129 ( Iskanian ) and concluded the lawsuit was a PAGA representative action not subject to arbitration.

KS Industries contends the trial court's failure to…

2Cases cited13 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. Equal Employment Opportunity Commission v. Waffle House, Inc.Supreme Court of the United States · 2002
  3. Iskanian v. CLS Transportation Los Angeles, LLCCalifornia Supreme Court · 2014
  4. Discover Bank v. Superior CourtCalifornia Supreme Court · 2005
  5. Winet v. PriceCalifornia Court of Appeal · 1992

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3Cited by36 opinions

  1. ZB, N.A. v. Superior CourtCalifornia Supreme Court · 2019
  2. Huff v. Securitas Sec. Servs. United States, Inc., California Court of Appeal, 5th District2018
  3. Lopez v. Friant & Assocs., LLC, California Court of Appeal, 5th District2017
  4. Van Steenhuyse v. UBS Fin. Servs., Inc.District Court, N.D. California · 2018
  5. Zakaryan v. Men's Wearhouse, Inc., California Court of Appeal, 5th District2019

31 more not listed; retrieve them via the Exa API.

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