Cortez v. Doty Bros. Equipment Co.
Annotate this CaseThe Court of Appeal treated the consolidated appeal as a petition for writ of mandate and reached the merits of the superior court's order compelling arbitration of plaintiff's individual claims and terminating the class claims. The court granted the petition in part, finding plaintiff's cause of action under the Labor Code for Doty Bros.' failure to timely pay wages upon his separation from employment and his unfair competition action based on that alleged statutory violation were not encompassed by the arbitration provision in the collective bargaining agreement (CBA). The court denied the petition in all other respects, holding that the remaining causes of action were subject to arbitration, and the trial court's termination of the class claims were proper on the ground that the CBA did not authorize classwide arbitration.
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