Last week, the Supreme Court granted review in Gentry v. Superior Court, no. S141502. According to the Supreme Court's press release, that case "presents issues regarding the enforceability of an arbitration provision that prohibits employee class actions in litigation concerning alleged violations of California’s wage and hour laws."
The Court of Appeal (Second Appellate District, Division Five) held in Gentry that the no-class-action arbitration provision was "neither procedurally nor substantively unconscionable" under Discover Bank v. Superior Court, 36 Cal.4th 148 (2005). That opinion is here. It seems that the Supreme Court has decided that the lower courts need more guidance on this issue. The Supreme Court also issued a "grant and hold" order in Jones v. Citigroup, no. S141753, in which the Court of Appeal (Fourth Appellate District, Division Three) reached a similar conclusion after Discover Bank (see the Court of Appeal's 2-1 opinion here). Some of my prior posts on this issue are collected here. The Supreme Court does not appear to be granting review in cases in which the lower courts held that the arbitration clauses were unenforceable.
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