Securitas Security Services v. Super. Ct.
Annotate this CaseSecuritas Security Services USA, Inc. petitioned the Court of Appeal for a writ of mandate and/or prohibition to challenge a superior court order granting its amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Denise Edwards's claims, including her class action and representative claims under the Private Attorneys General Act of 2004 (PAGA). Securitas argued the court impermissibly rewrote the parties' written dispute resolution agreement, which contained an express waiver of class, collective or representative claims; Securitas maintained the parties did not mutually agree to arbitrate class and/or representative claims and the agreement should have been deemed silent on arbitration of any class or representative action. It further contended the court erred by refusing to enforce the lawful class action waiver, as well as the PAGA waiver, because as to the latter, Edwards's waiver was voluntary, rendering the circumstances unlike those in "Iskanian v. CLS Transportation." Securitas argued that because "Iskanian" did not apply, the parties' arbitration agreement should have been enforced in its entirety as to Edwards's individual claims. After review, the Court of Appeal concluded that the trial court correctly ruled that Iskanian rendered the PAGA waiver within the parties' dispute resolution agreement unenforceable. However, the court then erred by invalidating and severing the waiver provision, including an enforceable class action waiver, from the agreement and sending Edwards's entire complaint, including her class action and PAGA claims, to arbitration. Though the Court granted Securitas's petition to the extent it sought to set aside the order compelling Edwards's class and PAGA claims to arbitration, it denied the remainder of its requested relief, and based on its de novo interpretation of the parties' agreement, directed the trial court to enter a new order denying Securitas's amended motion to compel arbitration.
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