Silverman Thompson Wins Motion to Compel Arbitration in Los Angeles Superior Court

Silverman Thompson is pleased to announce that on February 13, 2024, Judge Highberger of the Los Angeles Superior Court Complex Civil Litigation Division granted a motion they filed on behalf of firm client NFM, Inc. to compel arbitration of its former employee’s wage and hour claims. The plaintiff, who was only employed for two months before being fired, sought to lead a putative class of NFM’s California employees to recover back wages, overtime claims, etc. But in her contract with NFM, she agreed to arbitrate any such claims she might have.

The plaintiff argued that contract provision should be voided because it was procedurally and substantively unconscionable, but the Court agreed with NFM that it was a “run of the mill” arbitration provision and that, to the extent it had a few potentially offending provisions, they could be blue penciled out. In addition to compelling arbitration, the Court stayed plaintiff’s PAGA claim pending the outcome of the arbitration.

Silverman Thompson’s lawyers routinely handle labor and employment matters in federal and state courts in the Mid-Atlantic and beyond. For more information about this case or how Silverman Thompson may be able to assist you, please contact Bill Sinclair or Todd Hesel who handled the case for NFM.