A company facing a putative class action from a plaintiff who has opted out of an arbitration agreement may still file an early motion to defeat class certification if the company can prove that most of the class has agreed to arbitration. In Lawson v. Grubhub, Inc., 2021 WL 4258826 (9th Cir. 2021), the plaintiff was one of two members of the putative class who had opted out of an arbitration agreement containing a class action waiver, and the defendant filed an early motion to defeat class certification. The Ninth Circuit held that the district court properly considered the motion even though the plaintiff had not yet sought class certification, and that class certification was properly denied because a plaintiff who opted out of the arbitration agreement was not a typical or adequate class representative.