Legal Opinion
Sanders v. Swift Transportation Co.
District Court, N.D. California
Decided January 17, 2012No. Case No. 10-cv-03739 NCPublishedCited by 2 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO COMPEL ARBITRATION
Re: Dkt. No. 52
NATHANAEL M. COUSINS, United States Magistrate Judge.
Defendants move to compel arbitration and to dismiss or stay the action, arguing that Sanders’ claims against Defendants are subject to an arbitration clause signed by Sanders and Swift and therefore must be resolved through arbitration. Dkt. No. 52. Sanders opposes the motion, arguing that the arbitration clause at issue, which contains a class action waiver, is unenforceable under Gentry v. Superior Court, a California Supreme Court case holding that class action waivers in…
2Cases cited7 opinions
- Rent-A-Center, West, Inc. v. JacksonSupreme Court of the United States · 2010
- Lifescan, Inc. v. Premier Diabetic Services, Inc., a Florida CorporationCourt of Appeals for the Ninth Circuit · 2004
- Gentry v. Superior CourtCalifornia Supreme Court · 2007
- Kevin Comer v. Micor, Inc. Kenneth C. Smith Elliot H. Wagner Barbara Arbucci, and Salomon Smith Barney, Inc.Court of Appeals for the Ninth Circuit · 2006
- Simula, Inc. v. Autoliv, Inc.Court of Appeals for the Ninth Circuit · 1999
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3Cited by2 opinions
- Nelsen v. Legacy Partners Residential, Inc.California Court of Appeal · 2012
- Machado v. System4 LLCMassachusetts Supreme Judicial Court · 2015