The California Supreme Court has announced that on May 5, 2015 at 9:00 a.m., it will hear oral argument in Sanchez v. Valencia Holding Co., Case No. S199119. This is the issue on review, according to the docket:
Does the Federal Arbitration Act (9 U.S.C. § 2), as interpreted in AT&T Mobility LLC v. Concepcion (2011) 563 U. S. __, 131 S.Ct. 1740, preempt state law rules invalidating mandatory arbitration provisions in a consumer contract as procedurally and substantively unconscionable?
The Court of Appeal (Second Appellate District, Division One) said no, and declined to enforce a no-class-action arbitration clause in a consumer contract, notwithstanding Concepcion. Sanchez v. Valencia Holding Co., LLC, 201 Cal.App.4th 74 (2011), review granted. My original post on the opinion is here. The court reasoned that ordinary state-law unconscionability principles were preserved by Concepcion.
Unfortunately, I have a scheduling conflict on the date of the argument and will not be able to attend. If you are planning to attend and would like to write a report for posting here, please let me know (firstname.lastname@example.org). The argument will take place in San Francisco.