Legal Opinion

Nunez v. Nevell Grp., Inc.

California Court of Appeal, 5th District

Decided May 2, 2019No. G056585PublishedCited by 5 opinions

1Opinion of the CourtFybel, J.

*840INTRODUCTION

Nevell Group, Inc. (Nevell) filed a motion to compel arbitration of the claims filed against it by former employee Xavier Nunez. Nevell and the union to which Nunez belonged were parties to a collective bargaining agreement (CBA) that provided for arbitration of alleged violations of the relevant wage order. The trial court denied the motion based on Nevell's waiver of its right to compel arbitration, Nevell's delay in filing its motion, and the prejudice Nunez would suffer if the motion were to be granted. We affirm.

Nevell explicitly waived any right to compel arbitration by…

2Cases cited9 opinions

  1. Martinez v. CombsCalifornia Supreme Court · 2010
  2. People v. AvenaCalifornia Supreme Court · 1996
  3. Saint Agnes Medical Center v. PacifiCare of CaliforniaCalifornia Supreme Court · 2003
  4. Thurman v. Bayshore Transit Management, Inc.California Court of Appeal · 2012
  5. Belaire-West Landscape, Inc. v. Superior CourtCalifornia Court of Appeal · 2007

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3Cited by5 opinions

  1. Lavitt v. Goodwill Retail Industries CA2/7California Court of Appeal · 2020
  2. Olabi v. Neutron Holdings, Inc.California Court of Appeal · 2020
  3. Seifu v. Lyft, Inc.California Court of Appeal · 2023
  4. Yuriria Diaz v. Macys West Stores, Inc.District Court, C.D. California · 2019
  5. Yuriria Diaz v. Macys West Stores, Inc.District Court, C.D. California · 2019

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