Securitas Security Services USA, Inc. v. Superior Court of San Diego County

Securitas Security Services USA, Inc. (Securitas), petitions for a writ of mandate and/or prohibition challenging the superior court’s order granting its amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Denise Edwards’s claims, including her class action and representative claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.). Securitas contends the court impermissibly rewrote the parties’ written dispute resolution agreement, which contained an express waiver of class, collective or representative claims; it argues the parties did not mutually agree to arbitrate class and/or representative claims and the agreement should have been deemed silent on arbitration of any class or representative action. It further contends the court erred by refusing to enforce the lawful class action waiver, as well as the PAGA waiver, because as to the latter, Edwards’s waiver was voluntary, rendering the circumstances unlike those in Iskanian v. CLS Transportation (2014) 59 Cal.4th 348 [ 173 Cal.Rptr.3d 289 , 327 P.3d 129 ] (Iskanian), certiorari denied sub nom. CLS…