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Representative Action Waiver and Non-Severability Provision Made Arbitration Agreement Unenforceable

Published on February 10, 2015

On January 7, 2015, in Montano v. The Wet Seal Retail, Inc., 2015 WL 84677, ---- Cal.Rptr.3d ----, the California Court of Appeal, held that an arbitration agreement is unenforceable when it waived statutory representative actions such as claims under the Labor Code Private Attorneys General Act (“PAGA”) and the agreement contained a non-severability clause. (more…) ...


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