Truly Nolen of America v. Superior Court

Alvaro Miranda and Danny Luna filed a class action complaint against Truly Nolen of America (Truly Nolen) alleging violations of California’s wage and hour laws. Truly Nolen moved to compel arbitration of the claims under arbitration agreements signed by the parties and requested that the court order plaintiffs to arbitrate on an individual and not a class basis. The arbitration agreements did not contain a specific provision pertaining to the availability or unavailability of classwide arbitration. After briefing *493 and a hearing, the court granted the motion to compel arbitration, but rejected Truly Nolen’s request that the court order individual arbitration, relying on Gentry v. Superior Court (2007) 42 Cal.4th 443 [ 64 Cal.Rptr.3d 773 , 165 P.3d 556 ] (Gentry).

Truly Nolen filed a writ of mandate petition challenging the court’s refusal to order individual arbitration. We issued an order to show cause and provided the parties the opportunity to submit supplemental briefing. In its briefs, Truly Nolen contended the court erred in relying on Gentry because Gentry has been overruled by the United States Supreme Court in AT&T Mobility LLC v. Concepcion (2011) 563…