Arbitration, PAGA: Third District Agrees With Other California Appellate Courts That PAGA Representative Actions Are Not Waivable

Court Declines Invitation To Treat Iskanian As Overruled Sub Silentio.

        The Third District Court of Appeal joins other California appellate courts ruling that PAGA representative actions are not waveable, and affirms the trial court's order denying employer's motion to compel arbitration. Carllie Williams v. RGIS, LLC, No. C091253 (3rd Dist.  10/18/21). In reaching that result, the Court notes that the Ninth Circuit has ruled that Iskanian is still good law. The California court refused to speculate how SCOTUS might rule if confronted with PAGA representative claims and a motion to compel arbitration.

        The Court noted that the reason it published its opinion, despite its agreement with a multitude of other cases, was because the issue was one of first impression for the Third District.