Sandquist v. Lebo Automotive, Inc.

KRUGER, J.,

Dissenting.—“Class arbitration is a matter of consent: An arbitrator may employ class procedures only if the parties have authorized them.” (Oxford Health Plans LLC v. Sutter (2013) 569 U.S. 564, 565 [186 L.Ed.2d 113, 133 S.Ct. 2064, 2066] (Oxford Health).) In this case, the trial court held that the parties’ agreement did not authorize class arbitration. Plaintiff Timothy Sandquist argues that the arbitrator, rather than the court, should have made that determination. The focus of my disagreement with the majority involves the question of federal law at the center of this case:…