Before getting back to Brinker, here is some news on the arbitration front.
Yesterday, the Supreme Court denied the cert. petition. Here is a link to the order list.
No further appellate review is possible. In Brown v. Ralphs Grocery Co., 197 Cal.App.4th 489 (2011), the Court of Appeal (Second Appellate District, Division Five) held that representative PAGA claims are not subject to arbitration, even after Concepcion.