Month: November 2013

Arbitration/Enforceability: Arbitration Agreement Is Valid Notwithstanding Absence Of Agreed Method For Appointing Arbitrator

November 2, 2013 · Arbitration: Enforceability

California Code of Civil Procedure Section 1281.6 to the Rescue The failure of an arbitration agreement to provide a method for appointing an arbitrator need not be fatal. Our next case arose from Plaintiffs’ efforts to recover allegedly unpaid progress payments under a construction contract for remodeling Defendants’ home. Plaintiffs sued Defendants for […]

Arbitration/Employment/Class Action/Waiver: Fourth District, Division 2 Reverses Trial Court’s Denial Of Petition To Compel Arbitration Of Employee Claims

November 1, 2013 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

The Court Of Appeal Also Directs Entry Of Order Granting Employer’s Petition To compel Arbitration On An Individual Basis Employee Arroyo’s complaint alleged his employer engaged in wage and hour practices that violated the California Labor Code. The trial court denied the employer’s petition to compel arbitration, but this denial was reversed on appeal […]

Arbitration/Scope: Arbitration Provision In Operating Agreement Of LLC Investment Vehicle Does Not Govern Relationship Between Investors And Investment Advisor

November 1, 2013 · Arbitration: Scope

Basis For The Wrongs Alleged By Plaintiffs Was A Separate Investment Services Agreement Containing No Arbitration Provision Stephen Goldberg and Victoria Pynchon sued their investment advisors, Coggins Company, for breach of contract, professional negligence, and other claims relating to a real estate investment gone sour in Wildomar Investors, LLC. Among other things, Plaintiffs […]

Arbitration/Unconscionability/Employment: First District, Division 1 Concludes Arbitration Agreement Is Not Unconscionable And Reverses Trial Court’s Order Denying Arbitration

November 1, 2013 · Arbitration: Employment, Arbitration: Unconscionability

Failure To Attach AAA Rules And Employer’s Unilateral Ability to Modify the Arbitration Agreement Were the Issues Here Plaintiff Peng sued her employer for employment discrimination and related claims. After the trial court denied defendant’s motion to compel arbitration, the employer appealed. On appeal, the issues were whether the employer’s failure to attach […]

Arbitration/Vacatur: Second District, Division 7 Refuses To Vacate $26.8 Million Arbitration Award

November 1, 2013 · Arbitration: Section 1286.2 Vacatur

Quarrel With Arbitrator’s Reasoning And Conclusion Provides No Grounds For Reversing Trial Court’s Order Affirming Arbitration Award Following a failed real estate investment, HCR Moorpark Investors, LLC obtained an order confirming a $26.8 million arbitration award in its favor. With so much at stake, it is not surprising that defendants appealed, but the case […]

Arbitration/Class/Employment: Motion To Compel Arbitration Was Premature Before Class Was Certified Where Named Plaintiff Was Not Party To Arbitration Provision

November 1, 2013 · Arbitration: Class, Arbitration: Employment

Before Certification of Class, Court Lacked Personal Jurisdiction Over Putative Class Members Who Signed Arbitration Agreement Prospective lead plaintiff Nguyen filed putative class action complaint for alleged wage and hour violations against his former employer Inter-Coast International Training, Inc. Of the 220 individuals in the putative class, only 59 had signed an arbitration agreement […]