California Mediation and Arbitration

Month: August 2018

Arbitration, Fees: Cal Supreme Court Agrees That Law Firm’s Conflict Of Interest Prevents It From Recovering Fees, But

August 31, 2018 · Arbitration: Fees

Majority Remands So That Quantum Meruit Recovery Can Be Considered; Dissent Believes Neither Contractual Nor Quantum Meruit Recovery Should Be Awarded.     Dear Readers, as we approach the three-day Labor Day Weekend, which I hope each of you will enjoy, I would like to spare your having to read a California Supreme Court majority slip […]

Arbitration, Powers, Public Policy, Vacatur: Arbitrator Who Found HOA Failed To Follow Pre-Litigation Requirements In CC&Rs Did Not Exceed His Powers

August 27, 2018 · Arbitration: Public Policy, Arbitration: Section 1286.2 Vacatur

Arbitrator Did Not Exceed Powers By Abridging An Unwaivable Statutory Right Or Policy.     One of the grounds for a court to vacate an arbitrator's award is that the arbitrator exceeded his or her powers.  See Code of Civ. Proc. section 1286.2(a)(4). And arbitrators may exceed their powers by issuing an award that violates a party's […]

Arbitration, Nonsignatories, Agents, 3d Party Benes, Equitable Estoppel: 4th District Div. 2 Rejects Harley Davidson Dealer’s Argument That It Can Compel Arbitration Based On Arbitration Clause In Security Agreement

August 24, 2018 · Arbitration: Agents, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

The Security Agreement Included An Arbitration Clause, But The Purchase Agreement Did Not.     It is not unusual for a consumer to execute more than one agreement at the time of purchase, only one of which contains an arbitration clause. Such was the case in Fuentes v. TMCSF, Inc., E066242 (4/2  8/23/18) (Ramirez, Slough, […]

Pending Cases/Federal Arbitration Act: SCOTUS Will Hear Oral Argument In November In Two Cases Involving Interpretation Of The FAA

August 22, 2018 · Arbitration: Federal Arbitration Act, Pending Cases

Henry Schein, Inc. v. Archer & White Sales, and Lamps Plus v. Varela.     On August 20, 2018, Amy Howe reported in SCOTUSblog that the Supreme Court will hear oral argument (Nov. 7) on two cases involving interpretation of the FAA. She reports:  "Henry Schein, Inc. . . .  asks the justices to decide whether the act allows […]

Arbitration, Appealability, Jurisdiction: Order Denying Petition To Vacate Award Is Appealable As Order Dismissing Petition — But The Trial Court Properly Dismissed Petition To Vacate “Partial Interim Award” For Lack Of Jurisdiction

August 21, 2018 · Arbitration: Appealability, Arbitration: Employment, Arbitration: Jurisdiction, Arbitration: Section 1286.2 Vacatur

"Partial Final Award" Did Not Constitute An Award Immediately Reviewable By Superior Court.     Maplebear, Inc. v. Donna Busick, No. A151677 (1/2  8/21/18) affirms the trial court's order dismissing Maplebear's (Instacart's) petition to vacate an award, which award was dismissed for lack of jurisdiction. Instacart is a same-day grocery delivery service, and the dispute […]

Mediation Confidentiality: Senate Bill 954 Will Require Attorneys To Inform Clients Of Confidentiality Restrictions In Mediation

August 17, 2018 · Mediation: Confidentiality

Senate Bill Requiring Disclosure Of Confidentiality Restrictions Is A Compromise That Does Not Require Loosening Of Confidentiality Restrictions.     As a consequence of California's Evidence Code provisions, and the California Supreme Court's decision in  Cassel v. Superior Court, 51 Cal.4th 113 (2011),  mediation confidentiality prevents a party to a mediation from using confidential information obtained […]

Arbitration, Celebrities: Trump v. Omarosa Celebrity Wrestling Match, Round 1, Arbitration?

August 14, 2018 · Celebrities

Celebrity Wrestling Match/Cat Fight.             I have received a confidential television script from a disloyal former staff member of the White House.  In episode 571 of the long-running reality show, “Raging Dumpster Fires At 1600 Pennsylvania Avenue,” the courtly, urbane and impeccably mannered DJT and the villainous Omarosa Manigault Newman (OMN) grease up for a wrestling […]

Arbitration: Disclosures, Section 1286.2 (Vacatur): 2/7 DCA Orders Vacatur Of Adverse Award Against Plaintiff/Claimant Because Arbitrator Had Actual Awareness Of And Failed To Disclose Other Pending Arbitrations Involving Defendant/Respondent

August 4, 2018 · Arbitration: Disclosures, Arbitration: Section 1286.2 Vacatur

Plaintiff Waived Vacatur Right As To Ethics Standard 12(b), But Did Not Waive Rights To Vacate Based On Arbitrator’s Failure To Make Required Disclosures Under Ethics Standard 7(d).             Here is the ending quotation before the “Disposition” paragraph in Honeycutt v. JPMorgan Chase Bank, N.A., Case No. B281982 (2d Dist., Div. 7 Aug. 2, 2018) […]