Nguyen
Da Loc Nguyen v. Applied Medical Resources Corp.
Opinion
Opinion
Moore, J.
—Plaintiff Da Loc Nguyen appeals from the trial court’s order granting the motion of his former employer, defendant Applied Medical Resources Corporation, to compel arbitration based on an arbitration clause contained in his employment application. The court ordered plaintiff to submit his individual claims to arbitration and struck all class and representative claims except for the representative Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.; PAGA) cause of action.
Plaintiff contends the order is immediately appealable based on the death knell doctrine, which makes an order terminating class allegations but allowing individual claims to continue immediately appealable. He argues Munoz v. Chipotle Mexican Grill, Inc. (2015) 238 Cal.App.4th 291 [ 189 Cal.Rptr.3d 134 ] (Munoz), which held that the death knell doctrine is inapplicable where a PAGA cause of action remains, was wrongly decided and should not be followed. We disagree but nevertheless treat the appeal as a petition for writ of mandate.
As to the merits of the appeal, plaintiff asserts the court erred in finding the arbitration clause was not unconscionable, severing the cost…