Modification to Murphy v. Check 'n' Go

It has been brought to our attention that the First District Court of Appeal modified an October 2007 opinion in Murphy v. Check 'N Go of California, Inc. (2007) 156 Cal.App.4th 138, regarding arbitrations and class action waivers, as follows:

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 Bank’s reasoning was not confined to consumer actions involving miniscule damages, and extended Discover Bank’s 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.”

We previously discussed Murphy v. Check 'N Go of California, Inc. at a post that can be found at this link. The modification order was entered shortly after we posted about the case.