California Court of Appeal

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Universal Protection Service v. Superior Court of San Diego County (Franco), D066919

Petition for writ of mandate and/or prohibition challenging the superior court's order granting real party in interest Franco's demand to arbitrate her employment-related disputes with petitioner Universal and ruling that the arbitrator would decide the arbitrability of Franco's class action claims is denied, where: 1) the court erred by granting Franco’s petition in reliance on Green Tree Financial Corp. v. Dazzle; 2) the American Arbitration Association (AAA) rules unambiguously state that the arbitrator is to decide whether the parties' arbitration agreement permits class arbitration; and 3) the parties' reference to AAA rules constitutes clear and unmistakable evidence of their intent that the arbitrator decide the issue of arbitrability.

Appellate Information

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

Judges

  • O'Rourke

Court

  • California Court of Appeal

Counsel