New CA Arbitration Case

arbitration iskanian v. cls transportation los angeles llc paga private attorneys general act May 10, 2022

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Arbitration

A regular issue before the California courts is whether a new U.S. Supreme Court decision has overruled the California Supreme Court decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Last month, the Second District Court of Appeal published a new case addressing whether recent U.S. Supreme Court decisions have overruled Iskanian regarding Private Attorney General Act (PAGA; Labor Code, section 2699 et seq.) cases in California. A video discussing the case is above and my summary of the case is below.

New Arbitration Decision

Wing v. Chico Healthcare & Wellness Centre (2022) _ Cal.App.5th _ , 2022 WL 1261452: The Court of Appeal affirmed the trial court's order denying defendant's motion to compel arbitration of plaintiff's Private Attorneys General Act (PAGA; Labor Code, section 2699 et seq.). The Court of Appeal concluded that two recent United States Supreme Court cases — Epic Systems Corp. v. Lewis (2018) __ U.S. __ [138 S.Ct. 1612] and Kindred Nursing Centers Ltd. Partnership v. Clark (2017) __ U.S. __ [137 S.Ct. 1421] — did not impliedly overrule the California Supreme Court decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. (C.A. 2nd, April 28, 2022.)

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Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]

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New CA Arbitration Case

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