In Securitas Security Services USA, Inc. v. Superior Court (Edwards), ___ Cal.App.4th ___ (Feb. 27, 2015), the Court of Appeal (Fourth Appellate District, Division One) considered an arbitration clause purporting to bar all class and representative actions, including representative PAGA actions.
Applying Iskanian, the Court of Appeal held not only that the purported waiver of representative PAGA claims was unenforceable, but also that this rendered the entire no-class-action arbitration clause invalid:
We conclude the trial court correctly ruled that Iskanian rendered the PAGA waiver within the parties' dispute resolution agreement unenforceable. However, the court then erred by invalidating and severing the waiver provision, including an enforceable class action waiver, from the agreement and sending Edwards's entire complaint, including her class action and PAGA claims, to arbitration. Under the plain language of the parties' agreement, in the event Edwards sought to arbitrate a PAGA claim, her PAGA waiver (or any other waiver of the right to bring a dispute as a class or collectively) was not severable from the remainder of the agreement, thus rendering the entire dispute resolution agreement unenforceable and precluding the court from requiring the parties to arbitrate their disputes.
Slip op. at 2-3.