Another Creative Declaratory Relief Action…This One Concerning Who Makes A Decision, The Court Or The Arbitrator.

An employee filed a wage and hour claim. His employer filed a declaratory relief action alleging its arbitration with the employee required the employee’s wage and hour claims to be arbitrated on an individual basis rather than classwide. The employee petitioned the trial court to order the employer to submit its declaratory relief claims to arbitration. The trial court denied the employee’s petition, concluding it must decide whether the arbitration agreement authorized class arbitration, and in doing so, the trial court found this particular agreement did not allow class arbitration. The appellate court affirmed, stating: “Because [the] arbitration agreement does not clearly and unmistakably designate the arbitrator to determine whether the agreement authorizes class arbitration, we conclude the trial court properly decided that question.” (Network Capital Funding Corporation v. Papke (Cal. App. Fourth Dist., Div. 3; October 9, 2014) 230 Cal.App.4th 503, [178 Cal.Rptr.3d 658].)