Post-Gentry Transfers: Ralphs and U-Haul Cases Transferred Back to Courts of Appeal

The Supreme Court closed and transferred two cases for reconsideration in light of Gentry v. Superior Court (2007) 42 Cal.4th 443. The two cases, both of which were discussed here previously, are Massie v. Ralphs Grocery and Konig v. U-Haul Co. of California.

Massie:

Petition for review after the Court of Appeal affirmed orders denying petitions to compel class arbitration in a civil action. The court ordered briefing deferred pending decision in Gentry v. Superior Court (S141502), which presents issues regarding the enforceability of an arbitration provision that prohibits employee class actions in litigation concerning alleged violations of California's wage and hour laws.

The above-entitled matter is transferred to the Court of Appeal, Second Appellate District, Division Seven, with directions to vacate its decision and to reconsider the cause in light of Gentry v. Superior Court (2007) 42 Cal.4th 443. (Cal. Rules of Court, rule 8.528(d).)

Konig:

Petition for review after the Court of Appeal affirmed an order granting a motion to compel arbitration in a civil action. The court ordered briefing deferred pending decision in Gentry v. Superior Court (S141502), which presents issues regarding the enforceability of an arbitration provision that prohibits employee class actions in litigation concerning alleged violations of California's wage and hour laws.

The above-entitled matter is transferred to the Court of Appeal, Second Appellate District, Division Five, with directions to vacate its decision and to reconsider the cause in light of Gentry v. Superior Court (2007) 42 Cal.4th 443. (Cal. Rules of Court, rule 8.528(d).

[Update] The court did the same in three other cases:

Dunn v. Superior Court (Kroger Co.):

Application for stay and petition for review GRANTED. Further action in this matter is deferred pending consideration & disposition of a related issue in Gentry v. Superior Court, S119334 and Murphy v. Kenneth Cole Productions, Inc., S140308 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing pursuant to Cal. Rules of Court, rule 8.520, is deferred pending further order of the court.

The above-entitled matter is transferred to the Court of Appeal, Second Appellate District, Division Two, with directions to vacate its decision and to reconsider the cause in light of Gentry v. Superior Court (2007) 42 Cal.4th 443. (Cal. Rules of Court, rule 8.528(d).)

Firchow v. Citibank:

Petition for review after the Court of Appeal reversed an order denying a motion to compel arbitration. The court ordered briefing deferred pending decision in Gentry v. Superior Court (S141502), which presents issues regarding the enforceability of an arbitration provision that prohibits employee class actions in litigation concerning alleged violations of California's wage and hour laws.

In light of the decision in Gentry v. Superior Court (2007) 42 Cal.4th 443, review in the above-entitled matter is dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)

and Jones v. Citigroup:

Petition for review after the Court of Appeal reversed an order denying a motion to compel arbitration in a civil action. The court ordered briefing deferred pending decision in Gentry v. Superior Court (S141502), which presents issues regarding the enforceability of an arbitration provision that prohibits employee class actions in litigation concerning alleged violations of California's wage and hour laws.

The above-entitled matter is transferred to the Court of Appeal, Fourth Appellate District, Division Three, with directions to vacate its decision and to reconsider the cause in light of the decision in Gentry v. Superior Court (2007) 42 Cal.4th 443. (Cal. Rules of Court, rule 8.528(b)(1).)

To our knowledge, that means that all Gentry companion cases are now back at the trial courts or Courts of Appeal.

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