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published cases

Attorneys at Rastegar Law Group have taken a leading role in advancing and protecting the rights of California employees by, among other things, appellate advocacy of those rights, including through the following decisions:

  • Rodriguez v. EME, Inc., 246 Cal. App. 4th 1027 (2016):

    The first published appellate decision defining the permissibility of combining rest breaks.

  • Yocupicio v. PAE Group, LLC, et al., 795 F.3d 1057 (9th Cir. 2015):

    An important decision concerning federal jurisdiction under the Class Action Fairness Act (“CAFA”), holding that non-class claims, such as claims under California’s Private Attorney General Act (“PAGA”), cannot be used to calculate CAFA’s amount in controversy.  This case is cited in several leading treatises such as Wright & Miller’s Federal Practice & Procedure, and Newberg on Class Actions.

  • Franco v. Arakelian Enterprises, Inc., 234 Cal.App.4th 947 (2015):

    Applying Iskanian v. CLS Transportation of Los Angeles, 59 Cal.4th 348 (2014) to hold that the waiver of the right to enforce PAGA claims in an arbitration agreement was unenforceable.

  • Ventura v. ABM Industries, Inc., 212 Cal.App.4th 258 (2012):

    Affirming a jury verdict finding that the employer violated the Ralph Act, Civil Code section 51.7, which guarantees the right to be free from any violence on account of sex.

  • Franco v. Arakelian Enterprises, Inc., 211 Cal.App.4th 314 (2012):

    Holding that a class action waiver was unenforceable.

  • Fuentes v. Autozone, Inc., 200 Cal.App.4th 1221 (2011):

    Affirming a jury verdict finding that the employer committed sexual harassment.

  • Pantoja v. Anton, 198 Cal.App.4th 87 (2011):

    Holding that evidence of the employer’s alleged gender bias in the form of harassing activity against women employees other than the plaintiff is admissible.

  • Gutierrez v. California Commerce Club, 187 Cal.App.4th 969 (2010):

    Holding that it is premature for a trial court to determine the suitability of a class action on demurrer.

  • Franco v. Athens Disposal Company, Inc., 171 Cal.App.4th 1277 (2009):

    Holding that an arbitration agreement containing a class arbitration waiver and private attorney general prohibition was unconscionable and unenforceable.

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