My post on this case is long overdue. In McGill v. Citibank, N.A., 232 Cal.App.4th 753 (Dec. 18, 2014), the Court of Appeal (Fourth Appellate District, Division Three) held that the Federal Arbitration Act, as construed in Concepcion, preempts the California Supreme Court's Broughton-Cruz rule. Under this rule, "arbitration provisions are unenforceable as against public policy if they require arbitration of UCL, FAL, or CLRA injunctive relief claims brought for the public's benefit." Slip op. at 2.
A number of federal courts, including the Ninth Circuit, had so held before, but this was the first time a California appellate court had addressed the issue in a published opinion.
A petition for review is now pending in the California Supreme Court. McGill v. Citibank, No. S224086.