In Nguyen v. Applied Medical Resources Corp., ___ Cal.App.5th ___ (Oct. 4, 2016; pub. ord. Oct. 14, 2016), the Court of Appeal (Fourth Appellate District, Division Three) declined to disturb an order compelling arbitration of certain wage and hour claims. Slip op. at 9-24.
However, applying Sandquist v. Lebo Automotive Inc., 1 Cal.5th 233 (2016), the Court reversed the portion of the order striking the class allegations from the complaint, holding that the arbitrator should decide in the first instance whether the arbitration clause contemplates classwide arbitration. Slip op. at 24-29.