Olvera

Olvera v. El Pollo Loco, Inc.

Caution
173 Cal. App. 4th 447·2009 Cal. App. LEXIS 618·93 Cal. Rptr. 3d 65
Court of Appeal of CaliforniaApril 27, 2009B205343California3,931 words

Opinion

Opinion

Croskey, J.

El Pollo Loco, Inc. (El Pollo Loco), appeals the denial of its motion to compel arbitration of a complaint filed by Carlos Olvera. The trial court determined that the employment arbitration agreement was procedurally and substantively unconscionable. El Pollo Loco contends (1) the arbitration agreement is neither procedurally nor substantively unconscionable; (2) the class arbitration waiver is not unenforceable under the rule from Gentry v. Superior Court (2007) 42 Cal.4th 443 [ 64 Cal.Rptr.3d 773 , 165 P.3d 556 ] (Gentry); and (3) the overruling of its evidentiary objections was error. We conclude that El Pollo Loco has shown no prejudicial error and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

1. Factual Background

Olvera was the general manager of a restaurant owned and operated by El Pollo Loco. El Pollo Loco distributed written materials to its employees in June 2003. The first page of the materials bore an El Pollo Loco logo with no other text. The second page showed a chart entitled “BENEFITS,” with six columns headed “Part time Crew,” “Full time crew 6+ months,” “Full time crew 18+ months,” “Shift Supervisor,” “Restaurant Manager,” and “General…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.