California Court of Appeal

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Securitas Security Services USA, Inc. v. Superior Court of San Diego County (Edwards), D066873

Petition for a writ of mandate and/or prohibition challenging the superior court's order granting petitioner's amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Edward's claims (including her class action and representative claims under the Private Attorneys General Act (PAGA)) is granted to the extent that it seeks to set aside the order compelling Edward's class and PAGA claims to arbitration, but denied as to the remainder of the requested relief, and the trial court is directed to enter a new order denying petitioner's amended motion to compel arbitration, where: 1) the trial court correctly ruled that Iskanian v. CLS Transportation rendered the PAGA waiver within the parties' dispute resolution agreement unenforceable, but the court then erred by invalidating and severing the waiver provision and sending Edward's entire complaint to arbitration; and 2) Edward's PAGA waiver was not severable from the remainder of the agreement, thus rending the entire dispute resolution agreement unenforceable and precluding the court from requiring that the parties arbitrate their disputes.

Appellate Information

  • Decided 02/27/2015
  • Published 02/27/2015

Judges

  • O'Rourke

Court

  • California Court of Appeal

Counsel