On September 19, 2012 the California Supreme Court granted review of Iskanian v. CLS Transp. Los Angeles, LLC (discussed here). Briefly, Iskanian found that a) The US Supreme Court decision in AT & T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, 179 L.Ed.2d 742 (Concepcion) invalidates the California Supreme Court decision in Gentry v. Superior Court (2007) 42 Cal.4th 443, 165 P.3d 556 (Gentry); b) Class action and PAGA claims can be waived in an arbitration agreement.
The review can be expected to give rest to the debate on whether arbitration agreements containing class and representative (PAGA) action waivers are enforceable in California.Share