Montano

The Wet Seal Retail, Inc. (Wet Seal), appeals from the denial of its motion to compel arbitration of this wage and hour action brought by employee Elizabeth Montano. Wet Seal also challenges the grant of Montano’s motion to compel discovery responses. We affirm the order denying the motion to compel arbitration and dismiss the challenge to the discovery order as nonappealable.

FACTUAL AND PROCEDURAL SUMMARY

In October 2011, Montano filed this putative class action against Wet Seal, alleging that it failed to offer all required meal and rest periods to its California nonexempt retail employees; failed to provide all regular and overtime pay when due or when employment terminated; and failed to provide accurate semimonthly itemized wage statements, in violation of the Labor and Business and Professions Codes, Industrial Welfare Commission wage order No. 7, and title 8 of the California Code of Regulations. She brought this action on behalf of herself and, as a class action, on behalf of all persons similarly situated and damaged by the alleged conduct during the specified time period. Her complaint included a representative claim under the Labor Code Private Attorneys…