California Supreme Court Watch

Mar 29, 2018
#18-48 Lawson v. Z.B., N.A., S246711. (D071279, D071376; 18 Cal.App.5th 705; San Diego County Superior Court; 37-2016-00005578-CU-OE-CTL.)

#18-48 Lawson v. Z.B., N.A., S246711. (D071279, D071376; 18 Cal.App.5th 705; San Diego County Superior Court; 37-2016-00005578-CU-OE-CTL.) Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case presents the following issue: Does a representative action under the Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.) seeking recovery of individualized lost wages as civil penalties under Labor Code section 558 fall within the preemptive scope of the Federal Arbitration Act (9 U.S.C. § 1 et seq.)?

Review granted: 03/21/2018 | New Oral Argument: 06/05/2019

See the California Court of Appeal opinion.

See the Petition for Review.

6/6/2019 Supplemental Briefing Ordered: Submission is vacated to allow for supplemental briefing. The parties are directed to serve and file supplemental briefs on the following: If this court concludes Labor Code section 558’s “amount sufficient to recover underpaid wages” is not a “civil penalty” recoverable under the Private Attorneys General Act (Lab. Code, § 2698 et seq.), should the trial court be ordered to deny ZB’s motion to compel arbitration? Simultaneous briefs by the parties addressing this issue are to be served and filed by June 20, 2019. Simultaneous response briefs may be served and filed by June 27, 2019. This matter will be resubmitted, without further order, as of the date that the last supplemental brief is or could be timely filed under this or any subsequent order of this court. (See Cal. Rules of Court, rule 8.524(h).)