Garcia

Filed 6/2/15 Second modification for this opinion

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

EDUARDO GARCIA, et al., B257054

Petitioners, (Los Angeles County Super. Ct. No. NS026531) v.

ORDER MODIFYING OPINION

THE SUPERIOR COURT OF LOS

ANGELES COUNTY, [NO CHANGE IN JUDGMENT]

Respondent;

SOUTHERN COUNTIES EXPRESS,

INC.,

Real Party in Interest.

THE COURT:

It is ordered that the opinion filed herein on May 15, 2015, be modified as follows: On page 11, the last paragraph beginning with “By failing to rule on the threshold question”, the words “the trial court erred” shall be added to the end of the sentence and the full sentence shall read as follows: “By failing to rule on the threshold question whether the arbitration provisions of their agreements were exempt from the application of the FAA by virtue of section 1 of the FAA and Labor Code section 229, the trial court erred.11”

11 This is an issue for determination by the trial court, not by arbitration. (Prima Paint Corp. v. Flood & Conklin…