Johnson v. Servicon Systems CA2/5

Filed 10/21/13 Johnson v. Servicon Systems CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

CLARENCE B. JOHNSON, B245201

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC477835) v.

SERVICON SYSTEMS, INC.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Joanne O‟Donnell, Judge. Reversed with directions. Rastegar Law Group, Farzad Rastegar and Thomas S. Campbell for Plaintiff and Appellant. Jackson Lewis, Mindy S. Novick, Sherry L. Swieca, Sandra J. McMullan and Adam Y. Siegel for Defendant and Respondent.

I. INTRODUCTION

Plaintiff, Clarence B. Johnson, appeals from an order compelling arbitration and dismissing all class claims. Plaintiff filed an original and first amended complaint against defendant, Servicon Systems, Incorporated. Defendant filed a petition to compel arbitration of plaintiff‟s individual claims only. The petition sought dismissal of all class claims. On October 26, 2012, the trial court dismissed the purported class claims. But the court granted defendant‟s petition to compel arbitration of plaintiff‟s individual claims. We conclude the trial court should not have dismissed the class claims.

II. BACKGROUND

A. Complaint

On January 26, 2012, plaintiff filed a complaint against defendant on behalf of all similarly situated current and former employees. On April 12, 2012, plaintiff filed a first amended complaint. Plaintiff alleges against defendant: failure to provide required rest periods; failure to provide required meal periods; failure to pay overtime compensation; failure to provide accurate statements and to maintain required records; failure to pay minimum wage; failure to pay wages upon termination; unlawful business practices; class action for civil penalties; and a Labor Code section 2698 et seq. representative action for civil penalties.