In Hoover v. American Income Life Ins. Co., ___ Cal.App.4th ___ (May 16, 2012; pub. ord. June 13, 2012), the Court of Appeal (Fourth Appellate District, Division Two), in refusing to enforce an arbitration clause in a collective bargaining agreement, said this:
Certainly, the injunctive relief claim under the Unfair Business Practices Act (Bus. & Prof. Code, § 17200) is not arbitrable. (Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303, 315-316; Brown v. Ralphs Grocery Co., supra, 197 Cal.App.4th at pp. 500-501.)
Slip op. at 19.
The citations of Cruz and Brown are significant. The California and U.S. Supreme Courts both declined to review Brown. The opinion’s reasoning may well be followed by other California state courts analyzing whether Cruz survived Concepcion -- notwithstanding the Ninth Circuit's opinion in Kilgore.
On an unrelated subject, Matt Cain's perfect game was beyond amazing. Go Giants.