Parties Agree Trial Court Is Best Positioned to Resolve Procedural Issues.
After ruling in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal.4th 348 (2014) that the Federal Arbitration Act did not preempt a state law rule prohibiting waiver of Private Attorney General Act of 2004 representative actions, the California Supreme Court left it up to the Court of Appeal to resolve a number of outstanding procedural issues. Convinced by the further briefing of the parties that the procedural issues are best addressed by the trial court, the Court of Appeal has now remanded to the trial court to decide the following issues: “(1) Will the parties agree on a single forum for resolving the PAGA claim and the other claims? (2) If not, is it appropriate to bifurcate the claims, with individual claims going to arbitration and the representative PAGA claim going to litigation? (3) If such bifurcation occurs, should the arbitration be stayed pursuant to Code of Civil Procedure section 1281.2? (4) Has CLS forfeited the contention that the PAGA claims are time-barred, and, if not, are the claims time-barred?” Iskanian v. CLS Transportation Los Angeles, LLC, Case No.B235158 (2/2 Feb. 19, 2015) (Boren, Ashmann-Gerst, Chavez) (unpublished). Have fun with that.
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