consumers ... may not view that amount as sufficient to warrant individual litigation, and certainly it is not sufficient to obtain legal assistance in prosecuting the claim.” Cohen v. DirecTV, Inc., 142 Cal.App.4th 1442, 1452, 48 Cal.Rptr.3d 813 (2006) (internal quotations omitted). Accordingly, “[d]amages that may or may not exceed $1,000 do not take [a] class action waiver outside a setting in which disputes between the contracting parties predictably involve small amounts of damages.” Id. (internal quotations omitted). The court in Cohen expressly rejected the reasoning in Provencher regarding the amount of recovery. Id. at 1455 n. 13, 48 Cal.Rptr.3d 813; see also Douglas v. U.S. Dist. Court for the Cent. Dist. of Cal., 495 F.3d 1062, 1068, 2007 WL 2069542, at *3 (9th Cir.2007) (<HOLDING>). Additionally, the holding in Om-stead appears
holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced holding that fear of prosecution was not imaginary or speculative even though the challenged criminal penalty provision had never been applied to plaintiffs proposed conduct where statute on its face proscribed the proposed conduct and where the state has not disavowed any intention of invoking the criminal penalty provision holding that provencher has been expressly disavowed holding that a federal court must order arbitration once it is satisfied that an agreement for arbitration has been made and has not been honored holding if there has been no termination of employment there has been no layoff or reduction in force