Franco
Franco v. Arakelian Enterprises, Inc.
Opinion
Opinion
Chaney, J.
Our Supreme Court has transferred this matter to us with directions to vacate our decision filed November 26, 2012, and to reconsider the cause in light of Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 [ 173 Cal.Rptr.3d 289 , 327 P.3d 129 ] (Iskanian).
Following the rule announced in Iskanian , we reverse and remand with directions the trial court’s order denying the petition of defendant Arakelian Enterprises, Inc. (Arakelian), to compel arbitration of plaintiff’s claims for individual and class action relief, and for representative relief under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, §§ 2698-2699.5) (PAGA).
BACKGROUND
This matter comes before us for the third time. The facts are taken from our opinion and the record in Franco v. Athens Disposal Co., Inc. (2009) 171 Cal.App.4th 1277 [ 90 Cal.Rptr.3d 539 ] (Franco I), and the exhibits filed in connection with the second petition to compel arbitration following the Franco I decision, with reference to our (now vacated) November 26, 2012 opinion in Franco v. Athens Disposal Co., Inc. (Cal.App.) (Franco II).