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The court held that because PAGA actions are public enforcement actions, California public policy prohibits waiver of the right to bring a PAGA claim. [67] The court further held that the Federal Arbitration Act (FAA), which provides for judicial facilitation of private disputes through arbitration, did not preempt the rule against PAGA waivers ...
California Law Review was the first student-run law review in the Western United States. It is the ninth-oldest surviving law review published in the United States. A companion volume, the California Law Review Online, was launched in 2014, followed by a podcast in 2021. These publications feature shorter articles, essays, blogs, and audio content.
A levy allows the creditor to take funds directly from a bank account to satisfy unpaid debts or taxes. In most cases, levies are permitted only by court order as part of a lawsuit judgment.
The Southern California Review of Law and Social Justice (RLSJ) promotes the discussion and examination of issues lying at the intersection of social justice and the law. RLSJ publishes legal narratives and analyses of case law and legislation that address the law's interaction with historically underrepresented groups and highlight the law's ...
The state Industrial Relations Department, which handles wage claims, now tells CalMatters it does not have jurisdiction to resolve those related to Prop. 22, citing a July 25 California Supreme ...
Under the Discover Bank test, a class-action waiver will be unenforceable under California law when it appears in a "consumer contract of adhesion", when the disputes "predictably involve small amounts of damages", and where the plaintiff alleges that "the party with the superior bargaining power has carried out a scheme to deliberately cheat ...
The common-law tort doctrine of respondeat superior makes employers generally responsible for the torts of their employees. In the absence of this waiver of sovereign immunity, injured parties would generally have been left without an effective remedy. See Brandon v. Holt. [29]
Class action waivers have not been tested in Indian courts, though Order 1 Rule 8 of the Code of Civil Procedure allows for consumers, with court permission, to initiate class action lawsuits, which the Indian law firm Shardul Amarchand Mangaldas & Co notes can be problematic for the enforceability of class action waivers.