Nelsen

Nelsen v. Legacy Partners Residential, Inc.

Caution
144 Cal. Rptr. 3d 198·2012 Cal. App. LEXIS 821·207 Cal. App. 4th 1115·2012 WL 2913809
Court of Appeal of CaliforniaJuly 18, 2012No. A132927California8,433 words

Opinion

Lead Opinion

Margulies, J.

Lorena Nelsen filed a putative class action lawsuit against her former employer, Legacy Partners Residential, Inc. (LPI), alleging multiple violations of the Labor Code. Based on an arbitration agreement she signed when LPI hired her, LPI moved to compel Nelsen to submit her individual claims to arbitration. Nelsen purports to appeal from the ensuing order granting LPI’s motion. Although Nelsen fails to meet her burden to show the court’s order is appealable, we exercise our discretion to treat the appeal as a petition for writ of mandate. We find (1) the arbitration agreement is not unconscionable and (2) notwithstanding that the agreement precludes class arbitration by its own terms, Nelsen fails to show that compelling her to individual arbitration violates state or federal law or public policy. Accordingly, we deny Nelsen’s petition and affirm the correctness of the trial court’s order.

*1120 I. BACKGROUND

Nelsen was employed by LPI as a property manager in California from approximately July 2006 until June 2009. At the inception of her employment, Nelsen was provided with multiple employment forms to read and sign, including a 43-page “Team Member Handbook.” The…

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