Supreme Court of the United States · Official docket →
Postmates, LLC, fka Postmates, Inc. v. Wendy Santana
Paid petition · Court of Appeal of California, Second Appellate District, No. B296413 · judgment January 29, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. In Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), this Court held that the FAA “protect[s]” individual arbitration agreements “pretty absolutely,” and requires courts “to enforce, not override, the terms of [an] arbitration agreement[]” “providing for individualized proceedings.” Id. at 1619, 1621, 1623. Courts in California have created a broad but unwritten exception to the FAA’s otherwise “emphatic directions.” Epic Sys., 138 S. Ct. at 1621. According to the California Supreme Court, claims arising under the California Labor Code Private Attorneys General Act (“PAGA”)—which threaten employers with massive penalties for even trivial legal violations—are wholly exempt from the FAA, and agreements calling for individual arbitration are therefore unenforceable as to PAGA claims. See Iskanian v. CLS Transp. L.A., LLC, 59 Cal.4th 348, 360 (2014). The Ninth Circuit affirmed this conclusion in Sakkab v. Luxxotica Retail North America, Inc., 803 F.3d 425 (9th Cir. 2015). And both courts have declined to reassess this conclusion after Epic Systems. The question presented is: Whether agreements calling for individual arbitration are enforceable under the Federal Arbitration Act with respect to claims asserted under the California Labor Code Private Attorneys General Act.
Counsel of record
For petitioner
Theane Evangelis Kapur
Gibson, Dunn and Crutcher, LLP
For respondent
Kitty Kit Yee Szeto
Parris Law Firm
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 20 2022Petition Dismissed - Rule 46.
- Oct 18 2022Joint motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
- Oct 14 2022Motion to extend the time to file a response is granted and the time is further extended to and including November 14, 2022. See Rule 30.1.
- Oct 12 2022Motion to extend the time to file a response from October 12, 2022 to November 11, 2022, submitted to The Clerk.
- Sep 13 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 12, 2022.
- Sep 12 2022Motion to extend the time to file a response from September 12, 2022 to October 12, 2022, submitted to The Clerk.
- Aug 09 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 12, 2022.
- Aug 08 2022Motion to extend the time to file a response from August 11, 2022 to September 12, 2022, submitted to The Clerk.
- Aug 04 2022Motion of Wendy Santana for an extension of time not accepted for filing. (August 05, 2022 --corrected version to be submitted)
- May 04 2022Motion to extend the time to file a response is granted and the time is further extended to and including August 11, 2022.
- May 03 2022Motion to extend the time to file a response from May 13, 2022 to August 11, 2022, submitted to The Clerk.
- Mar 03 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2022.
- Mar 02 2022Motion to extend the time to file a response from March 14, 2022 to May 13, 2022, submitted to The Clerk.
- Jan 05 2022Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.
- Jan 04 2022Motion to extend the time to file a response from January 12, 2022 to March 14, 2022, submitted to The Clerk.
- Dec 13 2021Response Requested. (Due January 12, 2022)
- Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 01 2021Waiver of right of respondent Wendy Santana to respond filed.
- Oct 07 2021Motion to extend the time to file a response is granted and the time is extended to and including December 1, 2021.
- Oct 06 2021Motion to extend the time to file a response from October 18, 2021 to December 1, 2021, submitted to The Clerk.
- Sep 13 2021Petition for a writ of certiorari filed. (Response due October 18, 2021)