California Supreme Court Watch

Jul 31, 2019
#19-89 Zakaryan v. The Men’s Wearhouse, Inc., S255610.

#19-89 Zakaryan v. The Men’s Wearhouse, Inc., S255610. (B289192; 33 Cal.App.5th 659; Los Angeles County Superior Court; BC647541.) Petition for review after the Court of Appeal affirmed an order denying a petition to compel arbitration in a civil action. The court ordered briefing deferred pending decision in Z.B., N.A. v. Superior Court, S246711 (#18-48), which 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, briefing deferred: 07/10/2019

See the Court of Appeal Opinion.

Review, which was granted and held for ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175, was dismissed.