In Franco v. Arakelian Enterprises, Inc., ___ Cal.App.4th ___ (Nov. 26, 2012), the Court of Appeal (Second Appellate District, Division One) affirmed an order denying a petition to compel arbitration in a wage and hour class action, holding (among other things) that Gentry remains good law and was not overturned by either Concepcion or Stolt-Nielsen.
The comprehensive (and unanimous) opinion tops out at 65 pages, and cites a number of secondary authorities, including these law review articles:
- Note, There Is Still Hope For The Little Guy: Unconscionability Is Still A Defense Against Arbitration Clauses Despite AT&T v. Concepcion (2012) 33 Whittier L.Rev. 651
- Gilles & Friedman, After Class: Aggregate Litigation in the Wake of AT&T Mobility v. Concepcion (2012) 79 U.Chi. L.Rev. 623