Many thanks to the blog reader who advised me that in March, the U.S. Supreme Court granted cert. in DIRECTV, Inc. v. Imburgia, Case No. 14-462. The case was relisted twice before cert. was granted.
In Imburgia, the Court of Appeal (Second Appellate District, Division One) held that the class action waiver provision of the arbitration clause "was unenforceable under California law, so the entire arbitration agreement is unenforceable. The superior court therefore properly denied the motion to compel arbitration." Imburgia v. DIRECTV, Inc., 225 Cal.App.4th 338, 347 (2014), cert. granted. My original post on the opinion is here.
The California Supreme Court declined to take up this case in July 2014, over the dissent of Justice Baxter, who voted to grant review. The cert. petition was filed in October 2014, with the following statement of the question presented:
Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth Circuit, that a reference to state law in an arbitration agreement governed by the Federal Arbitration Act requires the application of state law preempted by the Federal Arbitration Act.
The Ninth Circuit opinion referred to is Murphy v. DIRECTV, Inc., 724 F.3d 1218 (9th Cir. 2013).
Here is the SCOTUSblog case page, where you can find links to the petition and other documents.