Massie v. Ralphs Grocery 5/14/07 CA2/7

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B187844

Case Date: 08/09/2007

Preview:Filed 5/14/07 Massie v. Ralph's Grocery Store CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN JAMES MASSIE, et al., Plaintiffs and Respondents, v. RALPHS GROCERY COMPANY, et al., Defendants and Appellants. DONALD N. MCLEOD, et al., Plaintiffs and Respondents, v. RALPHS GROCERY COMPANY, et al., Defendants and Appellants. B187854 (Los Angeles County Super. Ct. No. BC321704) B187844 (Los Angeles County Super. Ct. No. BC321144)

APPEAL from orders of the Superior Court of Los Angeles County, Victoria G. Chaney, Judge. Affirmed. Thelen Reid & Priest, Thomas E. Hill and Remy Kessler; Littler Mendelson, Henry D. Lederman and Lisa C. Chagala for Defendants and Appellants. Law Offices of Ian Herzog and Ian Herzog; Daniels, Fine, Israel, Schonbuch & Lebovitz, Scott A. Brooks and Craig S. Momita; Law Offices of Stephen Glick and Stephen Glick for Plaintiffs and Respondents.

SUMMARY

An employer appeals from orders denying its petitions to compel arbitration of two class action lawsuits filed by its employees, alleging Labor Code and Unfair Competition Law violations. The employer unsuccessfully sought arbitration of these disputes in accordance with provisions in various agreements that subject such claims to individual binding arbitration and prohibit proceedings on a class or representative basis. We affirm.

FACTUAL AND PROCEDURAL SYNOPSIS Massie v. Ralphs Grocery Company (Super. Ct. Los Angeles County, 2004, No. BC321144): On September 7, 2004, James Massie, Eddy Korkiat Prachasaisoradej, Teresa Lee, Jose Mendez and Jaime Rosales, "individually and on behalf of all others similarly situated, and on behalf of the California general public," filed a complaint against Ralphs Grocery Company and Food-4-Less Holdings, Inc. (hereinafter collectively "Ralphs") alleging causes of action for underpayment of overtime in violation of Labor Code section 510, violation of the Unfair Competition Law (Bus. & Prof. Code,

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