Prado v. Sand and Sea, Inc. CA2/5
Plaintiffs Shantall Prado (Prado) and Felecia Scott (Scott) (collectively, plaintiffs) appeal the trial court’s order compelling arbitration of certain wage and hour causes of action against their employer, Sand and Sea, Inc., doing business as Shore Hotel (defendant). Because the trial court’s order does not compel plaintiffs to arbitrate class claims individually, the exception to the general rule that interlocutory orders are not appealable that is embodied in the “death knell doctrine” does not apply. (See In re Baycol Cases I & II (2011) 51 Cal.4th 751, 754, 759; Franco v. Athens Disposal Co., Inc. (2009) 171 Cal.App.4th 1277, 1288, abrogated on another ground in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 366.) Nonetheless, we exercise our discretion to treat the appeal as a petition for a writ of mandate and grant the petition. (See, e.g., Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 1123.)
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