April 1, 2014
The Court is holding no conference this week because it is hearing oral argument in Los Angeles. Accordingly, this week no action will be taken on petitions for review and no opinions will be ordered published or depublished.
Among the more interesting civil cases set for argument this week is Iskanian v. CLS Transportation of Los Angeles, S204032. According to the Court’s website, the case presents the following issues: (1) Did AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742] impliedly overrule Gentry v. Superior Court (2007) 42 Cal.4th 443 with respect to contractual class action waivers in the context of non-waivable labor law rights? (2) Does the high court’s decision permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.)? (3) Did defendant waive its right to compel arbitration?
We most recently discussed Iskanian here in the context of the Court’s developing post-Concepcion arbitration jurisprudence. You also might want to check out this 2012 post from the UCL Practitioner, which includes links to the petition for review, answer and reply.