MURPHY v. CHECK N GO OF CALIFORNIA

Filed 11/9/07 (Received from Court of Appeal 1/28/08)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE COURT:

It is ordered that the opinion filed herein on October 17, 2007, be modified as follows:

1. The words involving unwaivable statutory rights are added to the second sentence of the first full paragraph on page 10, so that the sentence reads: Gentry confirmed that Discover Banks reasoning was not confined to consumer actions involving miniscule damages, and extended Discover Banks rationale to wage and hour cases involving unwaivable statutory rights where a class action waiver could likewise be exculpatory in practical terms because it can make it very difficult for those injured by unlawful conduct to pursue a legal remedy.

2. Add to the list of attorneys representing plaintiff and respondent, Lisa Murphy: Ellen Lake from the Law Offices of Ellen Lake.

These modifications do not change the judgment.

_____________________________ ___________________________

Marchiano, P.J.

TRIAL COURT: San Francisco County Superior Court

TRIAL JUDGE: Honorable Ronald E. Quidachay

ATTORNEYS:

Squire, Sanders & Dempsey

Alexandra A. Bodnar, Casey J. T. McCoy and Mark C. Dosker

for Defendant and Appellant Check N Go of California, Inc.

Keller Grover

Eric A. Grover, Jade Butman and Elizabeth A. Acevedo

for Plaintiff and Respondent Lisa Murphy

Law Offices of Ellen Lake

Ellen Lake

for Plaintiff and Respondent Lisa Murphy

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