Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Garden Fresh Restaurant Corp. v. Superior Court (Alicia Moreno)

California Court of Appeals, Fourth District, First Division

November 17, 2014

GARDEN FRESH RESTAURANT CORPORATION, Petitioner,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent, ALICIA MORENO, Real Party in Interest.

Petition for writ of mandate from an order of the Superior Court of San Diego County, No. 37-2013-00071988-CU-OE-CTL Joel R. Wohlfeil, Judge.

Page 679

[Copyrighted Material Omitted]

Page 680

[Copyrighted Material Omitted]

Page 681

COUNSEL

Morgan Lewis & Bockius, Dena Harandi and Melinda S. Riechert for Petitioner.

No appearance for Respondent.

Blumenthal Nordrehaug & Bhowmik, Kyle R. Nordrehaug and Norman B. Blumenthal for Real Party in Interest.

OPINION

AARON, J.

I.

INTRODUCTION

Real party in interest Alicia Moreno sued petitioner Garden Fresh Restaurant Corporation (Garden Fresh), her former employer, for claims related to a variety of alleged Labor Code violations. Moreno filed the action as a putative class action, and also pursued representative relief under the Labor Code Private Attorney General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.).

Garden Fresh moved to compel arbitration of Moreno's claims, on an individual basis only, based on two arbitration agreements that Moreno signed during her tenure as an employee of Garden Fresh. Garden Fresh requested that the court dismiss Moreno's class and representative claims, arguing that the parties' arbitration agreements did not contemplate class- or representative-based arbitration. The trial court granted the motion to compel arbitration, but specifically left to the arbitrator to decide the question

Page 682

whether the arbitration agreements between the parties contemplated classwide and/or representative arbitration, thereby denying Garden Fresh's request that only Moreno's individual claims be sent to arbitration.

Garden Fresh filed a petition for a writ of mandate in this court, requesting that this court direct the trial court to vacate that portion of its order leaving to the arbitrator to determine whether the parties' arbitration agreements, which are silent on the issue, contemplated class and/or representative arbitration. Garden Fresh maintains that where an arbitration agreement is silent on the issue whether class and/or representative arbitration is available, the court, not the arbitrator, should determine whether the arbitration agreement contemplates bilateral ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.