Herrera

Herrera v. Doctors Medical Center of Modesto

Good Law
Court of Appeal of CaliforniaSeptember 1, 2021F080963MCalifornia4,399 words

Opinion

Opinion

Filed 9/1/21 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

CHRISTINE HERRERA et al.,

F080963

Plaintiffs and Respondents, (Super. Ct. No. CV-19-006126) v.

DOCTORS MEDICAL CENTER OF ORDER MODIFYING OPINION MODESTO, INC., [NO CHANGE IN JUDGMENT]

Defendant and Appellant.

THE COURT:

It is hereby ordered that the published opinion filed on August 5, 2021, be modified as follows: 1. On page 8, last sentence of the second full paragraph, the word “his” is changed to “its.” 2. On page 10, the first paragraph beginning “To compel arbitration” is deleted and the following paragraph is inserted in its place:

To compel arbitration of the PAGA representative claims pursuant to the individual acknowledgements signed by plaintiffs in 2010, defendant must establish (1) the acknowledgements’ arbitration provisions are worded broadly enough to encompass the PAGA representative claims and (2) the arbitration agreements are enforceable as to the PAGA claims despite the fact the agreements were not signed or otherwise…

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