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OTO, L.L.C. v. Ken Kho, et al.

Paid petition · Supreme Court of California, No. S244630 · judgment August 29, 2019

Certiorari denied · June 8, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a dissent in the court below (flagged in the petition), and a business petitioner.

Question presented

Whether the Federal Arbitration Act preempts a State from invalidating an arbitration agreement as substantively unconscionable on the ground that it provides procedural protections akin to civil litigation, rather than to the streamlined administrative proceeding that would be available under state law in the absence of the agreement. (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Miles E. Locker
Division of Labor Standards Enforcement - Legal Se

Case

Conference history
Distributed for 2 conferences

Amicus briefs
5 cert-stage

Linked docket
19A487

Proceedings

  1. Jun 08 2020
    Petition DENIED.
  2. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  3. May 19 2020
    Reply of petitioner OTO, L.L.C. filed. (Distributed)
  4. Apr 29 2020
    Brief of respondent Julie A. Su, California Labor Commissioner in opposition filed.
  5. Apr 29 2020
    Brief of respondent Ken Kho in opposition filed.
  6. Mar 12 2020
    The motions to extend the time to file responses to the petition are granted and the time is extended to and including April 29, 2020, for all respondents.
  7. Mar 11 2020
    Motion of respondent Julia A. Su, California Labor Commissioner to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
  8. Mar 11 2020
    Motion of respondent Ken Kho to extend the time to file a response from March 30, 2020 to April 29, 2020, submitted to The Clerk.
  9. Feb 27 2020
    Response Requested. (Due March 30, 2020)
  10. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  11. Feb 14 2020
    Brief amicus curiae of The Cato Institute filed.
  12. Feb 14 2020
    Brief amicus curiae of Washington Legal Foundation filed.
  13. Feb 14 2020
    Brief amicus curiae of Civil Justice Association of California filed.
  14. Feb 13 2020
    Brief amici curiae of California New Car Dealers Association filed.
  15. Feb 13 2020
    Brief amicus curiae of Atlantic Legal Foundation filed.
  16. Jan 23 2020
    Waiver of right of respondent Ken Kho to respond filed.
  17. Jan 23 2020
    Blanket Consent filed by Respondent, Ken Kho.
  18. Jan 17 2020
    Blanket Consent filed by Petitioner, OTO, L.L.C.
  19. Jan 13 2020
    Petition for a writ of certiorari filed. (Response due February 14, 2020)
  20. Nov 04 2019
    Application (19A487) to extend the time to file a petition for a writ of certiorari from November 27, 2019 to January 13, 2020, submitted to Justice Kagan.
    Main DocumentLower Court Orders/OpinionsProof of Service
  21. Nov 04 2019
    Application (19A487) granted by Justice Kagan extending the time to file until January 13, 2020.