Tuesday, October 18, 2016

Nice Try...

Perez v. U-Haul of Cal., No. B262029 (D2d7 Sept. 16, 2016)

The California Supreme Court held that PAGA claims aren’t arbitrable in the oft-cited Iskanian case. Defendant here raised a clever argument that, while a whole PAGA claim might not be, whether plaintiff is an “aggrieved employee”—a threshold issue that goes to whether PAGA even applies—can be the subject of an agreement to arbitrate. No dice. According to the court, nothing in Iskanian can be read to permit the hiving off of threshold issues and sending them to arbitration.

Affirmed.

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