Time to Fix that Arb Agreement . . .

Sandquist v. Lego Automotive, Inc., No. S220812 (Jul. 28, 2916)

Who decides if an arbitration can proceed on a class basis? It’s an unresolved question under both state and federal law. Because Court of Appeal decisions on the issue were somewhat inconsistent, the Supreme Court granted review on it. The answer, according to divided 4-3 court: It depends.