Franco

BACKGROUND

This matter comes before us for the third time. The facts are taken from our opinion and the record in Franco v. Athens Disposal Co., Inc. (2009) 171 Cal.App.4th 1277 (Franco I), and the exhibits filed in connection with the second petition to compel arbitration following the Franco I decision, with reference to our (now-vacated) November 26, 2012 opinion in Franco v. Athens Disposal Co., Inc. (2d civ. No. B232583) (Franco II). The complaint On April 9, 2007, plaintiff Edixon Franco filed a lawsuit individually and on behalf of other similarly situated current and former employees, alleging his status as an employee of “Athens Disposal Company, Inc., dba Athens Services” (Athens Services). In the first through fourth and sixth causes of action, Franco brought claims as an individual and putative class representative, seeking relief against Athens Services based on his employment as a nonexempt hourly employee, alleging that Athens Services

1 The United States Supreme Court denied certiorari in Iskanian. (CLS Transp. L.A., LLC v. Iskanian (U.S. Jan. 20, 2015) 2015 U.S. Lexis 735. 2 Statutory references are to the Labor Code unless otherwise specified.

2 3 engaged in…