Iskanian v. CLS Transportation Los Angeles
An employee, Arshavir Iskanian, appeals from an order granting the motion by his employer, CLS Transportation of Los Angeles, to compel the individual arbitration of claims brought in a class action lawsuit. The lawsuit alleged various Labor Code and Unfair Competition Law violations, such as the failure to pay statutorily required overtime compensation. (Lab. Code, 510, 1198.)
Assuming the matter is not moot due to Iskanians satisfaction with the arbitration which has been ordered, let a writ of mandate issue. This conditional writ of mandate directs the superior court to reconsider in light of Gentry whether the arbitration agreement as a whole is unconscionable and thus void and, if the arbitration agreement is valid and enforceable, to determine in light of Gentry if the prohibition against representative or class actions is nonetheless void. If either the arbitration agreement as a whole or the prohibition against representative or class actions is void, the superior court is directed to vacate the order under review and proceed consistent with the opinion in Gentry.
Iskanian shall recover his costs.
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