Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights? Leos v. Darden Restaurants, S212511—Review Granted & Held—September 11, 2013 Former employees brought this action against their employer for sexual harassment, retaliation, failure to prevent harassment, and failure to investigate harassment under the Fair Employment and Housing Act (FEHA). The trial court denied the employer's motion to compel arbitration. In a published opinion, Leos v. Darden Restaurants, Inc. (2013) 217 Cal.App.4th 473, the Court of Appeal, Second District, Division One, reversed and held, among other things, that while the arbitration agreement in the employment contract was procedurally unconscionable, it was not substantively unconscionable in excluding temporary or preliminary injunctive remedies. The Supreme Court granted review and ordered briefing deferred pending its decision in Baltazar v.