Universal Protection Service v. Super. Ct.

Filed 3/12/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

UNIVERSAL PROTECTION SERVICE, D066919

L.P.,

Petitioner, (San Diego County Super. Ct. No. 37-2014-00012338- v. CU- MC-NC)

THE SUPERIOR COURT OF SAN

DIEGO COUNTY, ORDER MODIFYING OPINION

Respondent, [NO CHANGE IN JUDGMENT]

FLORIDALMA FRANCO,

Real Party in Interest.

THE COURT:

It is ordered that the opinion filed herein on February 27, 2015, be modified as

follows:

On page 8, footnote 3 is deleted and replaced with the following so that the

footnote now reads: The question presented here is whether the parties' reference to AAA rules, including rules that expressly state the arbitrator "shall determine as a threshold matter . . . whether the applicable arbitration clause permits the arbitration to proceed on behalf of or against a class," constitutes clear and unmistakable evidence that they agreed the arbitrator is to decide that question. Different but related issues are…