Nelsen v. Legacy Partners 7/18/12 CA1/1

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State: California

Court: California Eastern District Court

Docket No: A132927

Case Date: 07/18/2012

Plaintiff: Nelsen

Defendant: Legacy Partners 7/18/12 CA1/1

Preview:Filed 7/18/12

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

LORENA NELSEN, Plaintiff and Appellant, v. LEGACY PARTNERS RESIDENTIAL, INC., Defendant and Respondent. Lorena Nelsen filed a putative class action lawsuit against her former employer, Legacy Partners Residential, Inc. (LPI), alleging multiple violations of the California 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. 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 last two pages of the handbook contained a section (San Francisco City & County Super. Ct. No. CGC-10-501912) A132927

entitled, TEAM MEMBER ACKNOWLEDGEMENT AND AGREEMENT (Agreement), followed by signature lines for the TEAM MEMBER and a LEGACY PARTNERS REPRESENTATIVE. The signature line was preceded by a sentence in bold print, stating, My signature below attests to the fact that I have read, understand, and agree to be legally bound to all of the above terms. Nelsen and a representative of LPI both signed the Agreement in July 2006. The first four paragraphs of the preprinted, form Agreement recited Nelsen`s acknowledgments she (1) had received the handbook, (2) understood and agreed to all terms and conditions of employment outlined in the handbook, (3) agreed LPI could modify any of the policies or benefits set forth in the handbook at any time and for any reason, and (4) understood and agreed she was an at will employee. The fifth paragraph contained the following relevant arbitration language: I agree that any claim, dispute, or controversy . . . which would otherwise require or resort [sic] to any court . . . between myself and Legacy Partners (or its owners, partners, directors, officers, managers, team members, agents, related companies, and parties affiliated with its team member benefit and health plans) arising from, related to, or having any relationship or connection whatsoever with my seeking employment with, employment by, or other association with, the Legacy Partners, . . . shall be submitted to and determined exclusively by binding arbitration under the Federal Arbitration Act [9 U.S.C.

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