New CA Arbitration Case
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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I take a limited number of civil cases and represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. I use my experience as a California civil trial lawyer since 1980 and a member of the American Board of Trial Advocates since 1995, and I work hard to attempt to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. For my civil litigation services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.
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Until my next blog post, stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Lawyer Master Mentoring™
Civil Trial Attorney
Mediator, Arbitrator & Referee
California Case Summaries™
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]
