LaCour

LaCour v. Marshalls of California

Good Law
Court of Appeal of CaliforniaDecember 26, 2025A170191ACalifornia11,861 words

Opinion

Opinion

Streeter, J.

I. BACKGROUND

LaCour was employed by Marshalls for some years as a Loss Specialist. In March 2014, he signed an arbitration agreement (the Arbitration Agreement or the Agreement). Among the provisions in the Arbitration Agreement is paragraph 5, a “Class Action, Collective Action, and Private Attorney General Waiver,” which states in pertinent part: “[LaCour and Marshalls] agree to bring any dispute in arbitration on an individual basis only and not on a class, collective, or private attorney

1 general representative action basis. [¶] . . . [¶] (c) There will be no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general representative action (‘[PAGA Waiver]’). The [PAGA Waiver] shall be severable from this Agreement in any case in which a civil court of competent jurisdiction finds the [PAGA Waiver] is invalid, unenforceable, revocable, unconscionable, void or voidable. In such instances and where the claim is brought as a private attorney general claim, such private attorney general claim must be litigated in a civil court of competent jurisdiction.” A concluding proviso to this provision, set off as an additional subparagraph…

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