LGCY Power v. Super. Ct.

Filed 3/1/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

LGCY POWER, LLC,

F082353

Petitioner, (Super. Ct. No. 20CECG01508) v.

THE SUPERIOR COURT OF FRESNO OPINION

COUNTY,

Respondent;

MICHAEL JED SEWELL,

Real Party in Interest.

ORIGINAL PROCEEDINGS; in mandate. D. Tyler Tharpe, Judge. Alston & Bird, Jesus M. Jauregui, Kaitlin H. Owen and Newman A. Nahas, for Petitioner. No appearance for Respondent. Snell & Wilmer, Mark O. Morris, Jing Hua, Cameron J. Cutler and Sarah A. Hafen, for Real Party in Interest. -ooOoo- California Labor Code section 925 went into effect on January 1, 2017, and provides that employers cannot force an employee who resides and works primarily in California to agree, as a condition of employment, to: (1) litigate a claim arising in California in a forum outside of California; or (2) waive the employee’s right to the substantive protection of California law with respect to a controversy arising in California. (Labor Code, § 925, subd. (a)(1)—(2).)1 Any provision in a contract that violates these terms is voidable by the employee, and if a violative…