U.S. Supreme Court holding on preemption of class action waivers does not apply to representative actions under Private Attorney General Act.

In AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], the U.S. ff.). In Brown v. Ralphs Grocery Company (Cal. App. Second Dist., Div. 4; July 12, 2011) (As Mod. July 20, 2011) 197 Cal.App.4th 489,  [2011 DJDAR 10523], plaintiff sued for alleged violations of the Labor Code, asserting both a class action cause of action and a cause of action in the form of a representative action under the Private Attorney General Act of 2004 (PAGA). Relying on AT&T, the trial court ordered the case to arbitration. The Court of Appeal reversed as to the portion of the case pleaded under PAGA and remanded the case for the trial court to determine whether this portion of the case could be severed. The court held that AT&T did not apply to actions under PAGA.