The growing PAGA exception to freedom of contract

A couple years ago, in Iskanian v. CLS Transportation Los Angeles, the California Supreme Court held that employees who act as “representatives” to assert claims under the Private Attorney General Act (PAGA) are acting as “deputies” on behalf of the … Continue reading

Can Californians arbitrate claims for public injunctive relief?

Sharon McGill sued Citibank under California’s consumer protection laws for alleged unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account.  McGill signed a contract that contained an arbitration provision … Continue reading

Supreme Court reverses California court on freedom of contract – again

Today, the Supreme Court once again upheld the freedom of Californians to contract for arbitration of consumer disputes. In DIRECTV, Inc. v. Imburgia, the Court reviewed a California Court of Appeal decision invalidating a consumer contract that provided that it … Continue reading

President’s weekly report — December 4, 2015

Freedom of contract in California at the Supreme Court Competent adults should have the right to enter into contracts with the terms they choose.  And once they enter into such contracts, they should be bound to those terms — even … Continue reading

Eliminating California’s obstacles to freedom of contract

Supreme Court briefing is now underway in one of this Term’s major arbitration cases: MHN Government Services, Inc. v. Zaborowski. The case will determine whether the California Supreme Court’s severability rule—used almost exclusively to invalidate arbitration contracts—will survive scrutiny under … Continue reading

President’s weekly report — November 20, 2015

Mobile home park shakedown scheme challenged PLF attorneys filed this complaint this week in Jisser v. City of Palo Alto on behalf of a couple that would like to retire from the business of running a mobile home park but … Continue reading

Et tu, Ninth Circuit?

The California Supreme Court is widely known for its hostility to arbitration contracts, despite the supposedly controlling Federal Arbitration Act that requires such contracts to be enforced as any other contract would be.  Last year, in Iskanian v. CLS Transportation … Continue reading

Game on! U.S. Supreme Court to review California anti-arbitration rule

Today, in the first order list of the 2015 Term, the Supreme Court granted certiorari in MHN Government Services, Inc. v. Zaborowski, in which the Ninth Circuit Court of Appeals applied a severability rule created by the California Supreme Court … Continue reading