Marenco

Marenco v. DirecTV LLC

Good Law
183 Cal. Rptr. 3d 587·2015 Cal. App. LEXIS 106·233 Cal. App. 4th 1409·24 Wage & Hour Cas.2d (BNA) 462
Court of Appeal of CaliforniaFebruary 5, 2015B238421California4,428 words

Opinion

Opinion

Epstein, J.

— In this putative class action, plaintiff Francisco Marenco contends that defendant DirecTV LLC violated state wage and unfair competition laws. (Lab. Code, § 212; Bus. & Prof. Code, § 17200; UCL.) DirecTV moved to compel arbitration as the successor to an arbitration agreement between Marenco and his previous employer, 180 Connect, Inc., which was acquired by DirecTV. The trial court granted the motion over Marenco’s objections that DirecTV is not a signatory to the agreement, and that the agreement’s class action waiver is unconscionable under state law.

In this appeal from the judgment (order) staying the class claims and compelling arbitration of the individual claims, we conclude that DirecTV has standing to enforce the agreement, that the agreement’s class action waiver is enforceable under AT&T Mobility LLC v. Concepcion (2011) 563 U.S._[ 179 L.Ed.2d 742 , 131 S.Ct. 1740 ] (Concepcion), and that the California Supreme Court’s recent decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 [ 173 Cal.Rptr.3d 289 , 327 P.3d 129 ] (Iskanian), which was issued while this appeal was pending, is controlling.

FACTUAL AND PROCEDURAL…

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