Last Wednesday, September 12, 2012, the Supreme Court denied review, and the depublication requests, in Hoover v. American Income Life Ins., No. S204218.
In Hoover, the Court of Appeal refused to enforce an arbitration clause in a collective bargaining agreement. Hoover v. American Income Life Ins. Co., 206 Cal.App.4th 1193 (2012) (discussed in this blog post).
Several other review petitions remain pending in class arbitration cases, including a new one just filed last week:
- Iskanian v. CLS Transportation, No. S204032 (petition for review filed 07/16/12)
- Nelsen v. Legacy Partners Residential, No. 204953 (petition for review filed 08/27/12)
- Caron v. Mercedes Benz Financial Services USA, No. S205263 (petition for review filed 09/10/12)
On September 5, the Supreme Court gave itself an extension of time to grant or deny review in Iskanian. With the extension, the petition for review must be acted on by October 12.
It is interesting that the Supreme Court took no similar action in Hoover. In July, the Supreme Court denied review in two other class arbitration cases, Kinecta and Samaniego. In all three cases, the lower courts declined to enforce the arbitration clauses. CORRECTION: The lower courts declined to enforce the arbitration clauses in Hoover and Samaniego. In Kinecta, the trial court granted the defendant's petition to compel arbitration but declined to strike the class allegations from the complaint, and the Court of Appeal reversed the latter order.