Johnson v. Servicon Systems CA2/5

I. INTRODUCTION

Plaintiff, Clarence B. Johnson, appeals from an order compelling arbitration and dismissing all class claims. Plaintiff filed an original and first amended complaint against defendant, Servicon Systems, Incorporated. Defendant filed a petition to compel arbitration of plaintiff‟s individual claims only. The petition sought dismissal of all class claims. On October 26, 2012, the trial court dismissed the purported class claims. But the court granted defendant‟s petition to compel arbitration of plaintiff‟s individual claims. We conclude the trial court should not have dismissed the class claims.

II. BACKGROUND

A. Complaint

On January 26, 2012, plaintiff filed a complaint against defendant on behalf of all similarly situated current and former employees. On April 12, 2012, plaintiff filed a first amended complaint. Plaintiff alleges against defendant: failure to provide required rest periods; failure to provide required meal periods; failure to pay overtime compensation; failure to provide accurate statements and to maintain required records; failure to pay minimum wage; failure to pay wages upon termination; unlawful business practices; class action for civil…