November 17, 2014

Call & Jensen Compels Cases To Arbitration

When a prominent hotel resort in Orange County was served with its first employment wage and hour class action, it reached out to Call & Jensen for representation, and quickly obtained results. Call & Jensen’s first move was a motion to compel the case to individual arbitration and to dismiss the class claims. The Court granted Call & Jensen’s motion, instantly reducing a class action to a two-plaintiff case. Additionally, the Court granted the firm’s motion to stay the plaintiffs’ representative cause of action under California’s Private Attorneys General Act (“PAGA”), pending the arbitration of the individual claims. The question of whether to stay such claims is a new one for the courts, as the California Supreme Court only a few months ago sent the question to the lower courts to decide, in the Iskanian v. CLS Transportation Case. The team consisted of Jacqueline Beaumont and Julie Trotter.

In another recent matter, Call & Jensen obtained a significant victory for a unionized employer in the construction industry in compelling the plaintiff’s class action case to arbitration pursuant to the terms of the parties’ Collective Bargaining Agreement (“CBA”). The plaintiff alleged typical wage-and-hour violations on behalf of a class of former and current employees in California including overtime, meal periods, rest breaks, and record keeping violations. Call & Jensen’s client anticipates that the arbitrator will then rule that the CBA does not provide for the filing of class action results which will then result in the complete and early dismissal of all of plaintiff’s class claims. Further updates are anticipated but this result puts the client on the way to obtaining an early dismissal of all class claims, taking a potentially significant case and reducing it to a single plaintiff arbitration. The team consisted of John Egley and Joshua Simon.

These considerable victories follow on the heels of a successful motion to compel arbitration for another Call & Jensen client in the consumer financing and loan servicing industry earlier this year. Early in the case, the firm successfully secured a dismissal of all class wage and hour claims, and an order compelling a would-be class plaintiff to individual arbitration with her employer. The team consisted of John Egley and Jacqueline Beaumont.

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