C.A. 2nd;
B268755

The Second Appellate District affirmed a trial court order. The court held that the defendant's strategic decision to waive its right to compel arbitration against the named plaintiff in a putative class action also resulted in waiver of its right to compel arbitration against the class members.

Maria Sprunk worked as and exotic dancer for a club owned by Prisma, LLC. The dancers all signed contracts that included an arbitration clause. In October 2011, Sprunk filed a putative class action against Prisma, on behalf of herself and Prisma's other dancers, alleging, among other tings, that Prisma falsely classified them as independent contractors rather than employees. In January 2012, Prisma filed a motion to compel arbitration of Sprunk's individual claims only. In September 2012, Prisma withdrew its motion to compel arbitration, and filed instead an answer and a cross-complaint naming Sprunk and 500 fictional “Roe” cross-defendants. In December 2012, it dismissed the cross-complaint. The trial court granted class certification in April 2015. In August 2015, Prisma moved to compel arbitration against the class members.