Nguyen v. Applied Medical Resources Corp.Annotate this Case
Plaintiff Da Loc Nguyen appealed a trial court's order granting the motion of his former employer, defendant Applied Medical Resources Corporation, to compel arbitration based on an arbitration clause contained in his employment application. The court ordered plaintiff to submit his individual claims to arbitration and struck all class and representative claims except for the representative Private Attorney General Act (PAGA) cause of action. Plaintiff argued the order was immediately appealable based on the "death knell doctrine." As to the merits of the appeal, plaintiff argued the court erred in finding the arbitration clause was not unconscionable, severing the cost provision, and dismissing the class claims with prejudice. The Court of Appeals rejected all but the last argument, finding that the trial court erred in dismissing the class claims because whether the arbitration provision contemplated class arbitration was a question for the arbitrator to decide. The Court of Appeals issued a peremptory writ of mandate commanding the trial court to vacate that portion of its order dismissing the class claims to allow the arbitrator to decide whether the arbitration clause permitted arbitration on a class-wide basis. In all other respects, the peremptory writ challenging the order compelling arbitration was denied.