Thursday, December 11, 2014

Network Capital Redux, Sans Attribution

Garden Fresh Restaurant Co. v. Superior Court, No. D066028 (D4d1 Nov. 17, 2014)

Consistent with the recent decision in Network Capital—which, of course, isn’t cited—the court here holds that, unless it is specifically delegated to the arbitrator, the issue of whether an arbitration agreement permits class action arbitration is for the court, not the arbitrator, to decide. The issues addresses substantive arbitrability, which generally lies in the ken of the court.

Writ granted.

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