ISENBERG V. UTLA ET AL
"Isenberg alleged that this agreement unlawfully restrained trade in the relevant legal market. On the day set for trial, Trygstad moved to dismiss the case, arguing that that the Public Employee Relations Board (PERB) had exclusive jurisdiction over Isenberg's claims. The trial court granted the motion, and Isenberg appealed. We hold that the trial court erred in finding that PERB had exclusive jurisdiction over Isenberg's claims."
"The trial court erred by dismissing the case for lack of subject matter jurisdiction. The court's dismissal also cannot be affirmed on the alternative basis of the Cartwright Act labor exemption in section 16703. We therefore reverse and remand for further proceedings consistent with this opinion. Isenberg shall recover his costs on appeal."