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Law Practice

Aug. 11, 2010

Trend Reversal: Class Action Waivers Not Always Unconscionable

Think that class action waivers aren't enforceable in California? Think again now that the U.S. Supreme Court has entered the fray, by Craig Pinedo of PinedoLaw.

By Craig Pinedo

Everyone knows class action waivers - agreements not to bring a claim as part of a class - aren't enforceable in California, right? Wrong.

In Arguelles-Romero v. Superior Court (2010) 184 Cal.App.4th 825, a unanimous opinion, the 2nd District Court of Appeal recently dispelled the myth that such waivers are unconscionable under California law and therefore unenforceable. Although the Court of Appeal remanded to th...

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