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7 California opinions name it 2 courts 2014–2022 3 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Clifford v. Quest Software Inc.green2 sentences2022The Broughton-Cruz rule—which precludes arbitration of injunctive relief claims that benefit the public and requires arbitration of claims seeking restitution and injunctive relief which primarily benefits the individual plaintiff—do not apply here, where there is no agreement between 8 Under the Broughton-Cruz rule, established by Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 (Broughton) and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 (Cruz), “ ‘[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not 2022The Broughton-Cruz rule—which precludes arbitration of injunctive relief claims that benefit the public and requires arbitration of claims seeking restitution and injunctive relief which primarily benefits the individual plaintiff—do not apply here, where there is no agreement between 8 Under the Broughton-Cruz rule, established by Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 (Broughton) and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 (Cruz), “ ‘[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not | 3 | 3 |
At&T Mobility LLC v. Concepciongreen2 sentences2019(See, e.g., Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 930 [“we conclude that the Broughton-Cruz rule is preempted by the [FAA]”]; Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 1136 [Broughton-Cruz rule “is in conflict 7 with the FAA”]; see also AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333 , 341 [FAA preempts any “state law [that] prohibits outright the arbitration of a particular type of claim”].) Our Supreme Court has not yet weighed in on the FAA preemption issue and in fact declined the opportunity to do so in 2017. 2019(See, e.g., Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 930 [“we conclude that the Broughton-Cruz rule is preempted by the [FAA]”]; Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 1136 [Broughton-Cruz rule “is in conflict 7 with the FAA”]; see also AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333 , 341 [FAA preempts any “state law [that] prohibits outright the arbitration of a particular type of claim”].) Our Supreme Court has not yet weighed in on the FAA preemption issue and in fact declined the opportunity to do so in 2017. | 2 | 3 |
Kevin Comer v. Micor, Inc. Kenneth C. Smith Elliot H. Wagner Barbara Arbucci, and Salomon Smith Barney, Inc.green2 sentences2022We agree with the City (and the trial court), that the premise of 6 Citing Comer v. Micor, Inc. (9th Cir. 2006) 436 F.3d 1098, 1104, fn. 10 , Instacart argues that “numerous courts have correctly rejected the ‘categorical statements’ in Waffle House that ‘a contract cannot bind a non- party’ and ‘the FAA … does not require parties to arbitrate when they have not agreed to do so’ as contrary to ‘hundreds of years of common law.’ ” Comer, however, simply “noted in passing” that general language in Waffle House that a non-party to a contract cannot be bound by its arbitration provision did not ne 2022We agree with the City (and the trial court), that the premise of 6 Citing Comer v. Micor, Inc. (9th Cir. 2006) 436 F.3d 1098, 1104, fn. 10 , Instacart argues that “numerous courts have correctly rejected the ‘categorical statements’ in Waffle House that ‘a contract cannot bind a non- party’ and ‘the FAA … does not require parties to arbitrate when they have not agreed to do so’ as contrary to ‘hundreds of years of common law.’ ” Comer, however, simply “noted in passing” that general language in Waffle House that a non-party to a contract cannot be bound by its arbitration provision did not ne | 2 | 2 |
Kevin Ferguson v. Corinthian Colleges, Inc.green2 sentences2019(See, e.g., Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 930 [“we conclude that the Broughton-Cruz rule is preempted by the [FAA]”]; Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 1136 [Broughton-Cruz rule “is in conflict 7 with the FAA”]; see also AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333 , 341 [FAA preempts any “state law [that] prohibits outright the arbitration of a particular type of claim”].) Our Supreme Court has not yet weighed in on the FAA preemption issue and in fact declined the opportunity to do so in 2017. 2019(See, e.g., Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 930 [“we conclude that the Broughton-Cruz rule is preempted by the [FAA]”]; Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 1136 [Broughton-Cruz rule “is in conflict 7 with the FAA”]; see also AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333 , 341 [FAA preempts any “state law [that] prohibits outright the arbitration of a particular type of claim”].) Our Supreme Court has not yet weighed in on the FAA preemption issue and in fact declined the opportunity to do so in 2017. | 2 | 2 |
Broughton v. Cigna Healthplansgreen2 sentences2022The Broughton-Cruz rule—which precludes arbitration of injunctive relief claims that benefit the public and requires arbitration of claims seeking restitution and injunctive relief which primarily benefits the individual plaintiff—do not apply here, where there is no agreement between 8 Under the Broughton-Cruz rule, established by Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 (Broughton) and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 (Cruz), “ ‘[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not 2022The Broughton-Cruz rule—which precludes arbitration of injunctive relief claims that benefit the public and requires arbitration of claims seeking restitution and injunctive relief which primarily benefits the individual plaintiff—do not apply here, where there is no agreement between 8 Under the Broughton-Cruz rule, established by Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 (Broughton) and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 (Cruz), “ ‘[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not | 1 | 6 |
Cruz v. PacifiCare Health Systems, Inc.green2 sentences2022The Broughton-Cruz rule—which precludes arbitration of injunctive relief claims that benefit the public and requires arbitration of claims seeking restitution and injunctive relief which primarily benefits the individual plaintiff—do not apply here, where there is no agreement between 8 Under the Broughton-Cruz rule, established by Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 (Broughton) and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 (Cruz), “ ‘[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not 2022The Broughton-Cruz rule—which precludes arbitration of injunctive relief claims that benefit the public and requires arbitration of claims seeking restitution and injunctive relief which primarily benefits the individual plaintiff—do not apply here, where there is no agreement between 8 Under the Broughton-Cruz rule, established by Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 (Broughton) and Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal.4th 303 (Cruz), “ ‘[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not | 1 | 6 |
Nelsen v. Legacy Partners Residential, Inc.green2 sentences2019(See, e.g., Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 930 [“we conclude that the Broughton-Cruz rule is preempted by the [FAA]”]; Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 1136 [Broughton-Cruz rule “is in conflict 7 with the FAA”]; see also AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333 , 341 [FAA preempts any “state law [that] prohibits outright the arbitration of a particular type of claim”].) Our Supreme Court has not yet weighed in on the FAA preemption issue and in fact declined the opportunity to do so in 2017. 2019(See, e.g., Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 930 [“we conclude that the Broughton-Cruz rule is preempted by the [FAA]”]; Nelsen v. Legacy Partners Residential, Inc. (2012) 207 Cal.App.4th 1115, 1136 [Broughton-Cruz rule “is in conflict 7 with the FAA”]; see also AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333 , 341 [FAA preempts any “state law [that] prohibits outright the arbitration of a particular type of claim”].) Our Supreme Court has not yet weighed in on the FAA preemption issue and in fact declined the opportunity to do so in 2017. | 1 | 2 |
In Re DirecTV Early Cancellation Fee Marketing & Sales Practices Litigationgreen2 sentences2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo 2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo | 1 | 1 |
American Express Co. v. Italian Colors Restaurantgreen1 sentence2014For example, in concluding the FAA preempted the Broughton-Cruz rule, the Ferguson court explained the effective vindication exception is “reserved for claims brought under federal statutes.” (Ferguson, supra, 733 F.3d at p. 936 ; see Italian Colors, supra, 133 S.Ct. at p. 2320 (dissenting opn. of Kagan, J.) [“We have no earthly interest (quite the contrary) in vindicating [a state] law. | 1 | 1 |
Kaltwasser v. AT & T MOBILITY LLCgreen2 sentences2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo 2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo | 1 | 1 |
Phillips v. Sprint PCSgreen2 sentences2014(See Phillips v. Sprint PCS (2012) 209 Cal.App.4th 758, 769 (Phillips).) As the Supreme Court explained, “When state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA.” (AT&T Mobility, supra, 131 S.Ct. at p. 1747.) “States cannot require a procedure that is inconsistent with the FAA, even if it is desirable for unrelated reasons.” (Id. at p. 1753.) The Broughton-Cruz rule is a state law that categorically prohibits arbitration of all injunctive relief claims under the UCL, FAL, and CLRA that are b 2014(See Phillips v. Sprint PCS (2012) 209 Cal.App.4th 758, 769 (Phillips).) As the Supreme Court explained, “When state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA.” (AT&T Mobility, supra, 131 S.Ct. at p. 1747.) “States cannot require a procedure that is inconsistent with the FAA, even if it is desirable for unrelated reasons.” (Id. at p. 1753.) The Broughton-Cruz rule is a state law that categorically prohibits arbitration of all injunctive relief claims under the UCL, FAL, and CLRA that are b | 1 | 1 |
Ferguson v. CORINTHIAN COLLEGESgreen2 sentences2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo 2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo | 1 | 1 |
Meyer v. T-Mobile USA Inc.green2 sentences2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo 2014(Compare Meyer v. T-Mobile USA, Inc. (N.D.Cal. 2011) 836 F.Supp.2d 994, 1005-1006 [FAA preempts Broughton-Cruz rule] and Kaltwasser v. AT&T Mobility LLC (N.D.Cal. 2011) 812 F.Supp.2d 1042, 1050-1051 [same] with Ferguson v. Corinthian Colleges (C.D.Cal. 2011) 823 F.Supp.2d 1025, 1032-1036 [FAA does not preempt Broughton-Cruz rule] and In re DirecTV Early Cancellation Fee Marketing and Sales Practices Litigation (C.D.Cal. 2011) 810 F.Supp.2d 1060, 1071-1073 [same].) The Ninth Circuit Court of Appeals resolved this conflict by declaring the Broughton-Cruz rule preempted and overturning the two lo | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McGill v. Citibank, N.A.
green
2 sentences2019(Id. at p. 315.) These two cases generated what is often called the Broughton-Cruz rule: “[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not enforceable in California.” (McGill, supra, 2 Cal.5th at p. 956 .) In other words, a plaintiff’s claim for “public” injunctive relief under the CLRA or the UCL must be determined in a judicial forum, not in arbitration. 2019(Id. at p. 315.) These two cases generated what is often called the Broughton-Cruz rule: “[a]greements to arbitrate claims for public injunctive relief under the CLRA, the UCL, or the false advertising law are not enforceable in California.” (McGill, supra, 2 Cal.5th at p. 956 .) In other words, a plaintiff’s claim for “public” injunctive relief under the CLRA or the UCL must be determined in a judicial forum, not in arbitration. | 1 | 2019–2019 |
Sonic-Calabasas A, Inc. v. Moreno
green
2 sentences2014(Iskanian, supra, 59 Cal.4th at p. 364 ; Sonic II, supra, 57 Cal.4th at p. 1141 .) 3 Nelson relied on Kilgore v. KeyBank, N.A. (9th Cir. 2012) 673 F.3d 947 . 2014(Iskanian, supra, 59 Cal.4th at p. 364 ; Sonic II, supra, 57 Cal.4th at p. 1141 .) 3 Nelson relied on Kilgore v. KeyBank, N.A. (9th Cir. 2012) 673 F.3d 947 . | 1 | 2014–2014 |
Kilgore v. KeyBank, National Ass'n
green
2 sentences2014(Iskanian, supra, 59 Cal.4th at p. 364 ; Sonic II, supra, 57 Cal.4th at p. 1141 .) 3 Nelson relied on Kilgore v. KeyBank, N.A. (9th Cir. 2012) 673 F.3d 947 . 2014(Iskanian, supra, 59 Cal.4th at p. 364 ; Sonic II, supra, 57 Cal.4th at p. 1141 .) 3 Nelson relied on Kilgore v. KeyBank, N.A. (9th Cir. 2012) 673 F.3d 947 . | 1 | 2014–2014 |
Matthew Kilgore v. Keybank, National Association
green
2 sentences2014(Kilgore v. KeyBank, N.A. (9th Cir. 2013) 718 F.3d 1052, 1060-1061 .) 14 Moreover, the rationale the Broughton court adopted to support its conclusion the FAA did not preempt its rule declaring public injunctive relief claims inarbitrable no longer withstands scrutiny. 2014(Kilgore v. KeyBank, N.A. (9th Cir. 2013) 718 F.3d 1052, 1060-1061 .) 14 Moreover, the rationale the Broughton court adopted to support its conclusion the FAA did not preempt its rule declaring public injunctive relief claims inarbitrable no longer withstands scrutiny. | 1 | 2014–2014 |
Joseph Lombardi v. Directv, Inc.
neutral
2 sentences2014(Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 934-937 (Ferguson); Lombardi v. DirecTV, Inc. (9th Cir. 2013) 546 Fed.Appx. 715, 716 .) Only one reported California case has addressed whether the FAA preempts the Broughton-Cruz rule. 2014(Ferguson v. Corinthian Colleges, Inc. (9th Cir. 2013) 733 F.3d 928, 934-937 (Ferguson); Lombardi v. DirecTV, Inc. (9th Cir. 2013) 546 Fed.Appx. 715, 716 .) Only one reported California case has addressed whether the FAA preempts the Broughton-Cruz rule. | 1 | 2014–2014 |
Iskanian v. CLS Transportation Los Angeles, LLC
red
2 sentences2014We must reject McGill’s contention the California Supreme Court’s recent decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 (Iskanian), “reaffirmed” the Broughton-Cruz rule. 2014We must reject McGill’s contention the California Supreme Court’s recent decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 (Iskanian), “reaffirmed” the Broughton-Cruz rule. | 1 | 2014–2014 |
Kilgore v. Keybank, National Ass'n
green
1 sentence2014(See Kilgore v. KeyBank, N.A. (9th Cir. 2012) 697 F.3d 1191, 1192 .)3 We conclude the Supreme Court’s directive in AT&T Mobility requires us to find the FAA preempts the Broughton-Cruz rule. | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.