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District Court (Cal.) Rejects Plaintiff’s Strategy of Litigating State Court Rosenthal Act Claim to Obtain Waiver of Right to Arbitrate Federal Claim under Clause Containing a Class Action Waiver

by Scott J. Hyman |

In Gillette v. First Premier Bank, 2013 WL 3205827 (S.D.Cal. 2013), Plaintiff's counsel employed a strategy purportedly designed to secure a waiver of arbitration clause.  Plaintiff filed a small-value Rosenthal Act claim and settled it with the defendant.  However, Plaintiff also had filed a federal class action under Penal Code 632 -- California's call recording statute.  Defendant moved to compel arbitration of… Read More