FRANCO v. ATHENS DISPOSAL CO., INC.

No. B203317.

171 Cal.App.4th 1277 (2009)

EDIXON FRANCO, Plaintiff and Appellant, v. ATHENS DISPOSAL COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

As modified March 13, 2009.


Attorney(s) appearing for the Case

Rastegar & Matern, Matthew J. Matern and Thomas S. Campbell for Plaintiff and Appellant.

Hill, Farrer & Burrill, Kyle D. Brown, James A. Bowles and E. Sean McLoughlin for Defendant and Respondent.


OPINION

MALLANO, P. J.

Plaintiff, a trash truck driver, filed this suit, denominated a class action, against his former employer, a private company. He alleged the employer had violated the Labor Code by, among other things, denying meal and rest periods. The employer responded with a petition to compel arbitration based on a written agreement with plaintiff. The agreement contained a provision waiving class arbitrations. It also...

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