Sprunk v. Prisma LLC

Docket NumberB268755
Decision Date23 August 2017

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26 cases
  • Kokubu v. Sudo
    • United States
    • California Court of Appeals
    • March 30, 2022
    ...( Christensen ).) Courts routinely find such behavior inconsistent with the right to arbitrate. (See, e.g., Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 798, 222 Cal.Rptr.3d 339 ["An attempt to gain a strategic advantage through litigation in court before seeking to compel arbitration is......
  • Ruiz v. Cnty. of San Diego
    • United States
    • California Court of Appeals
    • March 17, 2020
    ...conclusion may be drawn from those facts, the reviewing court is not bound by the trial court's ruling. ( Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 794, 222 Cal.Rptr.3d 339.)C. Using the Ruiz Pipe as Part of the Watercourse, Without More, Does Not Make it a Public Improvement or Const......
  • Leith v. Berthel, Fisher & Co. Fin. Servs.
    • United States
    • California Court of Appeals
    • March 17, 2020
    ...to give up such right, especially when there is a strong public policy favoring the exercise of that right. (Ibid.; Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 795; see also Brookview Condominium Owners' Assn. v. Heltzer Enterprises-Brookview (1990) 218 Cal.App.3d 502, 513 (Brookview); ......
  • Retzloff v. Moulton Parkway Residents' Ass'n
    • United States
    • California Court of Appeals
    • August 23, 2017
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4 firm's commentaries
  • Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements
    • United States
    • JD Supra United States
    • May 23, 2018
    ...in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” 29 U.S.C. § 157. 3) 357 N.L.R.B. 2277 (2012), enf. denied in relevant part, 737 F.3d 344 (5th Cir. 2013). 4) 737 F.3d 344 (5th Cir. 2013). 5) Compare Owen v. Bristol Care, Inc., 702 F.......
  • Yet Another Opinion Addresses the Availability of Class or Collective Arbitration and Whether It Is a ‘Gateway Issue’ for the Court – Herrington v. Waterstone Mortgage Corp.
    • United States
    • JD Supra United States
    • October 25, 2018
    ...of arbitrability for the district court to evaluate based on the terms of the arbitration agreement. John Lewis In re D.R. Horton, Inc., 357 NLRB 2277, 2289 (2012), struck the waiver clause as unlawful. The district court instructed the arbitrator that Herrington be allowed to join other em......
  • Despite Legality, Employee Arbitration Pacts Are No Panacea
    • United States
    • JD Supra United States
    • June 7, 2018
    ...a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton.[1] The board in D.R. Horton held that mandatory arbitration agreements that contain class and collective action waivers violate Section 7 of ......
  • Labor Law 2017: Year in Review
    • United States
    • JD Supra United States
    • January 15, 2018
    ...— based largely on Supreme Court precedent upholding class action waivers in other contexts under the Federal Arbitration ActD.R. Horton, 357 NLRB 2277 (2012), an “individual who files a class or collective action regarding wages, hours or working conditions, whether in court or before an a......
1 books & journal articles
  • Wage and Hour Case Notes
    • United States
    • California Lawyers Association California Labor & Employment Law Review (CLA) No. 31-6, November 2017
    • Invalid date
    ...Waived Its Right to Compel Arbitration by Filing, Withdrawing, and Then Refiling a Motion to Compel Years Later Sprunk v. Prisma, LLC, 14 Cal. App. 5th 785 (2017)Plaintiff, an exotic dancer, brought a wage and hour class action claiming that she and other dancers were misclassified as indep......