First post-Gentry "no class action" arbitration clause case: Murphy v. Check 'N Go of California, Inc.

In the first post-Gentry decision, the Court of Appeal (First Appellate District, Division One) affirmed an order denying a motion to compel arbitration pursuant to a clause in an employment contract. Murphy v. Check 'N Go of California, Inc., ___ Cal.App.4th ___ (Oct. 17, 2007). [Via Cal Biz Lit.]

UPDATE: On November 9, 2007, the Court of Appeal modified its opinion:

The words “involving unwaivable statutory rights” are added to the second sentence of the first full paragraph on page 10, so that the sentence reads: Gentry confirmed that Discover Bank’s reasoning was not confined to consumer actions involving miniscule damages, and extended Discover Bank’s rationale to wage and hour cases involving unwaivable statutory rights where a class action waiver could likewise be “exculpatory in practical terms because it can make it very difficult for those injured by unlawful conduct to pursue a legal remedy.”