Konig

This appeal raises the issue of whether a class action waiver contained in a employment agreement between plaintiff, Ron Konig, and his former employer defendant, U-Haul Company of California, is enforceable under standards set forth in Discover Bank v. Superior Court (2005) 36 Cal.4th 148, 156-174 , 30 Cal.Rptr.3d 76 , 113 P.3d 1100 . Plaintiff has failed to prove this action involves "predictably ... small amount of damages" per class member as is his burden under Discover Bank . We affirm the order granting defendant's motion to compel arbitration and dismissing plaintiffs class action claims.

On June 15, 2005, plaintiff filed a proposed class action for unpaid wages and unfair business practices against his former employer. The complaint, which contained five causes of action, alleged various violations of the Labor Code and the Business and Professions Code. The complaint alleged, among other things, defendant failed to pay its employees overtime and accrued vacation. With respect to the overtime pay, paragraph 23 of the complaint alleged: "[Defendant had a] uniform corporate policy and practice of allocating and authorizing servicing of clientele and…