Smigelski filed a lawsuit seeking to recover for violations of PAGA. PennyMac moved to compel arbitration, arguing that (1) "employers and employees may agree to arbitrate PAGA claims," (2) the agreement reflects such an agreement, (3) "the Federal Arbitration Act (FAA) requires enforcement of the purported agreement to arbitrate PAGA claims, and (4) any unenforceable provisions in the Agreement should be severed, and the remaining provisions enforced." In addition, the employer contended that the question of arbitrability was for the arbitrator, not the trial court, to decide.