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YourMechanic, Inc. v. Provost

Pending Petition
Docket No.20-1787
Op. BelowCal. Ct. App.

Issue

(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.

Proceedings & orders timeline

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

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