PAGA: Under Settled Principles Of Stare Decisis, Fourth District, Div. 2 Follows California Supreme Court Opinion In Iskanian, Not SCOTUS Opinion In Concepcion

Court Concludes Trial Court Correctly Denied Petition To Compel Employee To Arbitrate His PAGA Claims.

     On January 20, 2014, we blogged that SCOTUS had denied petitioner’s writ of certiorari in the United States Supreme Court (petition for cert filed Sept. 22, 2014, No. 14-341).  That denial of cert is already having consequences, for in Salazar v. Apple American Group, LLC v. Apple American Group, LLC, Case No. E059562 (4/2 Jan. 26, 2015) (McKinster, Miller, Codrington) (unpublished), the Court of Appeal brushed aside the request of appellant/employer to stay its appeal of an order denying its petition to compel employee Salazar to arbitrate his representative claim for penalties under the Private Attorneys General Act of 2004.

     The Court succinctly stated:  “Under settled principles of stare decisis, we do not have the luxury to question whether Iskanian was correctly decided and we are duty bound to apply it in this appeal.  Moreover, the United States Supreme Court has now denied the petition for writ of certiorari.”

      Interesting:  California state and federal courts are not on the same page on PAGA/FAA analysis.  However, without a split among state supreme courts or federal courts of appeal, there may be no urgency for SCOTUS to address the issue.