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YourMechanic, Inc. v. Provost

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1787 Cal. Ct. App. TBD TBD TBD TBD TBD

Issues: (1) Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement that includes a pre-dispute waiver of representative claims, including under California’s Labor Code Private Attorneys General Act of 2004; (2) whether under the FAA a dispute regarding the arbitrability of a plaintiff’s independent contractor classification in a PAGA action must be resolved by an arbitrator pursuant to a valid and enforceable delegation clause; and (3) whether under the FAA a dispute regarding a plaintiff’s independent contractor classification is a private contractual dispute that must be arbitrated before the plaintiff may pursue a PAGA action as an “aggrieved employee” where the parties have agreed to arbitrate that threshold dispute.

DateProceedings and Orders (key to color coding)
Jun 21 2021Petition for a writ of certiorari filed. (Response due July 23, 2021)
Aug 09 2021Stipulation for dismissal under Rule 46 filed.
Aug 11 2021DISTRIBUTED for Conference of 9/27/2021.
Aug 11 2021Petition Dismissed - Rule 46.