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Case Name Brown v. Ralphs Grocery Company
Date 07/12/2011
Note Concepcion does not apply to representative class actions filed under the Private Attorney General Act, and that employees cannot waive their right to participate in such suits.
Citation B222689
WCC Citation WCC 38122011 CA
TERRI BROWN, Plaintiff and Respondent, v. RALPHS GROCERY COMPANY et al. , Defendants and Appellants. INTRODUCTION Plaintiff and respondent Terri Brown (plaintiff) brought a class action and representative action under the Private Attorney General Act of 2004 (the PAGA) against her employers, defendants and appellants Ralphs Grocery Company and The Kroger Co. (defendants), for alleged violations of the Labor Code. (See Brown v. Wells Fargo Bank, N. A. (2008) 168 Cal. App. 4th 938, 955 [85 Cal. Rptr. 3d 817]. )I concur in the majority opinion's rejection of plaintiff Terri Brown's argument that the class action waiver in her employment contract with Ralphs Grocery Company and the Kroger Co. , Inc. , was unconscionable under Gentry v. Superior Court (2007) 42 Cal. 4th 443 (Gentry). Brown and Ralphs/Kroger agreed to the streamlined procedures of arbitration of all covered employment claims without resort to classwide or representative litigation.

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