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KinderCare Education, LLC v. Superior Court of California, County of San Francisco, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A159824 · judgment January 29, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Notwithstanding the express holding of this Court in Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407, 1417 (2019) (“Lamps Plus”) that the Federal Arbitration Act (“FAA”) preempts the state common law doctrine of contra proferentem with regard to interpreting whether an arbitration agreement provides for arbitration of claims, can California courts avoid consideration of Lamps Plus and instead adhere to a contrary state appellate precedent, Securitas Security Services USA, Inc. v. Superior Court, 234 Cal. App. 4th 1109 (2015)?

Counsel of record

For petitioner
Thomas Roy Kaufman
Sheppard Mullin Richter & Hampton

For respondent
Larry Wei Lee
Diversity Law Group, P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 06 2021
    Brief of respondent Rochelle Westmoreland in opposition filed.
  4. Jul 02 2021
    Petition for a writ of certiorari filed. (Response due August 6, 2021)