Breazeale
Breazeale v. Victim Services, Inc.
Opinion
Lead Opinion
Chhabria, J.
ORDER DENYING MOTION TO COMPEL ARBITRATION
The first question presented by this motion to compel arbitration is whether the Federal Arbitration Act applies to a contract between a local prosecutor and a criminal suspect about how to address a potential state-law criminal violation. It does not.
The second question is whether California law allows arbitration of a dispute, between a citizen and the government or its agents, arising out of the exercise of the government’s criminal law enforcement powers. It does not.
I.
The California Legislature has authorized county district attorneys to create and administer diversion programs for people who write bad checks. Cal. Penal Code § 1001.60 et seq. The statutory scheme contemplates that the district attorney will create the county’s diversion program “within his or her office/ Id. § 1001.60. The scheme further provides that if a district attorney decides there is probable cause to believe a suspect has violated California Penal Code section 476a (which makes it a crime to write a bad check with the intent to defraud), the district attorney may refer the suspect to the program. Id. §§ 1001.60, 1001.61. Under the program, the…