Month: July 2014

Arbitration/Nonsignatories/Equitable Estoppel: Dentist Who Voluntarily Arbitrated But Did Not Sign Arbitration Agreement Was Not Equitably Estopped From Refusing To Arbitrate Again

July 14, 2014 · Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

In Which The Trial Court Sums It Up Neatly For The Court Of Appeal. In Chan v. Delta Dental of California, A138402 (1st Dist. Div. 2 July 10, 2014) (Kline, Richman, Brick) (unpublished), a dental service provider sought to enforce an unsigned arbitration agreement based on an arbitration agreement that a dentist had not […]

Arbitration/Construction Of Agreement/Jurisdiction: Parties’ Arbitration Agreement Expressly Excluded Statutory Wage Claims From Arbitration Because It Excluded Claims “Within The Jurisdiction” Of The California Labor Commission

July 14, 2014 · Arbitration: Construction of Agreement, Arbitration: Jurisdiction

Just A Matter Of Contract Interpretation Judges must relax a little when they can say, as does Justice O’Leary, the author of the next opinion, “The sole issue presented in this appeal is simply a matter of contract interpretation.” Rebolledo v. Tilly’s, Inc., G048625 (4th Dist. Div. 3 July 8, 2014) (O’Leary, Ikola, Thompson) […]

Arbitration/Standard of Review: Arbitrator Acted Within Power Under Arbitration Clause In Awarding Fees, But Sanctions Award Is Denied As Appeal Was Not Wholly Frivolous

July 14, 2014 · Arbitration: Construction of Agreement, Arbitration: Scope, Arbitration: Section 1286.2 Vacatur

Standard Of Review Pretty Much Ordained The Result Here, And Nothing Was Changed By Appealing This is one of those “Cain v. Abel” disputes, in which beneficiaries/brothers (Douglas and Martin Buser), fought over their parents’ family trust. It appears Douglas fought tooth and nail, but unsuccessfully, getting hit with attorney’s fees assessed against his […]