Muro

Muro v. Cornerstone Staffing Solutions, Inc.

Good Law
20 Cal. App. 5th 784·229 Cal. Rptr. 3d 498
Court of Appeal of CaliforniaFebruary 23, 2018D070206California3,657 words

Opinion

lead Opinion

Dato, J.

*787 Plaintiff Tony Muro entered into an employment contract with defendant Cornerstone Staffing Solutions, Inc. (Cornerstone). The contract included a provision requiring that all disputes arising out of Muro's employment with Cornerstone to be resolved by arbitration. It also incorporated a class action waiver provision. In response to Muro's present action, which *788 was styled as a proposed class action and alleged various Labor Code violations, Cornerstone moved to compel arbitration and dismiss the class claims.

Relying heavily on Garrido v. Air Liquide Industrial, U.S. LP (2015) 241 Cal.App.4th 833 , 194 Cal.Rptr.3d 297 ( Garrido ), the trial court concluded the contract was exempted from the operation of the Federal Arbitration Act (FAA;

*500 9 U.S.C. § 1 et seq. ) 1 and was instead governed by California law. It further determined that the California Supreme Court's decision in Gentry v. Superior Court (2007) 42 Cal.4th 443 , 64 Cal.Rptr.3d 773 , 165 P.3d 556 ( Gentry ) (overruled on other grounds in Iskanian v. CLS Transportation, Los Angeles, LLC (2014) 59 Cal.4th 348 , 173 Cal.Rptr.3d 289 , 327 P.3d 129 ) continued to provide the relevant framework for evaluating…

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