Perez v. Standard Drywall, Inc. CA1/3
Defendant Standard Drywall, Inc. (SDI) appeals an order denying its petition to compel arbitration against plaintiff Servando Perez (Perez). SDI contends the trial court erred in denying the petition because: (1) Perez’s opposition to the petition was untimely, and therefore the allegations of the petition should have been deemed admitted; (2) Perez’s statutory claims under the Labor Code were encompassed within the arbitration provisions of SDI’s three collective bargaining agreements (CBA’s), but the trial court erroneously limited its analysis to only one of the CBA’s; and (3) the arbitration provisions do not violate the ruling in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 (Iskanian) because Perez may still bring his claim under the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.) in arbitration.
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