Another Companion Case For Gentry
April 27, 2007
Another grant-and-hold review has been taken by the Supreme Court regarding enforcement of class action prohibitions in employment arbitration agreements. In Firchow v. Citibank (South Dakota), N.A., the court ordered:
Petition for review after the Court of Appeal reversed an order denying a motion to compel arbitration. The court ordered briefing deferred pending decision in Gentry v. Superior Court, S141502 (#06-46), which presents issues regarding the enforceability of an arbitration provision that prohibits employee class actions in litigation concerning alleged violations of California's wage and hour laws.
Gentry is fully briefed, but is still awaiting a hearing date.
I can't access the decision, but the "disposition" says "affirmed in full" not reversed. How can I get the decision?
Posted by: Primo | April 28, 2007 at 10:32 AM
Good catch. When we first wrote about it, here's what we reported:
In Firchow v. Citibank (South Dakota), N.A. (January 10, 2007), no. B187081 (Second Appellate District, Division Seven), the Court of Appeal affirmed the trial court's holding that the defendant's "no class action" arbitration clause was unconscionable under Discover Bank.
Here is the first paragraph of the unpublished opinion: "On appeal Citibank contends the trial court erred in finding the class action waiver provision unconscionable under California law and denying the motion to compel arbitration. Citibank urges the trial court should have applied South Dakota law in accordance with the choice-of-law provision in the credit card agreement and contends under South Dakota law the arbitration clause, including the class action waiver provision, is enforceable. We affirm."
Posted by: michael walsh | May 04, 2007 at 12:09 PM