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SONIC-CALABASAS A, INC. v. MORENO

No. S174475.

57 Cal.4th 1109 (2013)

163 Cal. Rptr. 3d 269

311 P.3d 184

SONIC-CALABASAS A, INC., Plaintiff and Appellant, v. FRANK MORENO, Defendant and Respondent.

Supreme Court of California.

October 17, 2013.

Attorney(s) appearing for the Case

Fine, Boggs & Perkins, John P. Boggs and David J. Reese for Plaintiff and Appellant.

Mayer Brown , Evan M. Tager , Archis A. Parasharami , Brian J. Wong , Donald M. Falk ; National Chamber Litigation Center, Inc., and Robin S. Conrad for the Chamber of Commerce of the United States as Amicus Curiae on behalf of Plaintiff and Appellant.

Sheppard, Mullin, Richter & Hampton, Richard J. Simmons , Karin Dougan Vogel and Matthew M. Sonne for Employers Group as Amicus Curiae on behalf of Plaintiff and Appellant.

Horvitz & Levy, Lisa Perrochet , Felix Shafir and James A. Sonne for California New Car Dealers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Locker Folberg , Miles E. Locker and Rachel Folberg for Defendant and Respondent.

Hina B. Shah ; Cynthia Rice ; Jose Tello ; Miye Goishi ; Silas Shawver ; Fernando Flores and Charlotte Noss for Asian Law Caucus, Asian Pacific American Legal Center, Bet Tzedek Legal Services, California Rural Legal Assistance, Inc., Centro Legal de La Raza, Garment Worker Center, Hastings Civil Justice Clinic, Katharine and George Alexander Community Law Center, La Raza Centro Legal, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Legal Aid Foundation of Los Angeles, Legal Aid Society-Employment Law Center, Maintenance Cooperation Trust Fund, National Employment Law Project, National Lawyers Guild Labor and Employment Committee, Neighborhood Legal Services of Los Angeles County, Wage Justice Center, Women's Employment Rights Clinic of Golden Gate University School of Law and Worksafe Law Center as Amici Curiae on behalf of Defendant and Respondent.

McGuinn, Hillsman & Palefsky, Cliff Palefsky , Keith Ehrman ; Smith & McGinty and Valerie T. McGinty for California Employment Lawyers Association and Consumer Attorneys of California as Amici Curiae on behalf of Defendant and Respondent.

William A. Reich and Anne Hipshman for California Labor Commissioner Julie A. Su as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

LIU, J. —

In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 [121 Cal.Rptr.3d 58, 247 P.3d 130] (Sonic I), we held as a categorical rule that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition of employment, to waive the right to a Berman...

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