California Mediation and Arbitration

Month: November 2018

Section 998, Costs: Insurance Company That Is De Facto Party Under Probate Code Is Party To CCP 998 Settlement Offer, And On The Hook For Litigation Costs

November 29, 2018 · Arbitration: Costs, Arbitration: Section 998 (Settlements)

Because Insurance Company Controls The Litigation, Court Looks Past "Legal Fiction" That Decedent's Estate Is The Party.     Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. But by the time Mr. Hotlen could be served with a summons, he was dead. However, Mr. Hotlen had purchased […]

Arbitration: Tetrad Of Unpublished Cases Present Issues Concerning Mandatory Fee Arbitration, Res Judicata, Existence Of Agreement, 1281.2, Appealability

November 29, 2018 · Arbitration: Appealability, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Existence of Agreement, Arbitration: MFAA, Arbitration: Section 1281.2

Ferguson v. Camarillo Health Care District, B281856 (2/6  11/28/18) (Tangeman, Gilbert, Yegan) (unpublished).     When a an opinion begins, "Calling it an 'unproductive waste of time,' attorney Ralph T. Ferguson did not participate in mandatory arbitration of a fee dispute with his client Camarillo Health Care District (CHCD). The arbitrators ruled in favor of […]

Arbitration: Three Unpublished Employment Opinions Side With Employers’ Positions

November 25, 2018 · Arbitration: Class, Arbitration: Costs, Arbitration: Enforceability, Arbitration: Nonsignatories, Arbitration: PAGA

Issues Covered Include Class Action, Unconscionability, Powers Of Arbitrator, Enforcement, Non-Signatories, PAGA, Severability, Costs. Martinez v. Ready Pac Produce, Inc., B279225 (2/3  11/20/18) (Lavin, Egerton, Dhanidina) (Unpublished): Waiver Of Class Action Meant Employee Could Not Participate In Pending Class Action.     The Court of Appeal reverses order denying employer Read Pac's motion to compel […]

Settlement Agreements: Civil Code Section 1668 Negates Contractual Clause Eliminating Liability For Fraud When Tortious Elements Are In The Past

November 15, 2018 · Settlement Agreements

But Civil Code Section 1668 Does Negate Contractual Clause Exempting Party From Responsibility When Elements Of Tort Are Concurrent Or Future Events When Contract Is Signed.     Until Lingsch v. Savage, 213 Cal.App.2d 729 (1963) and Orlando v. Berkeley, 220 Cal.App.2d 224 (1963) came along, sellers attempted to remove liability for the condition of […]

Rules: California’s New Rules Of Professional Conduct Include Rules Pertaining To Mediators And Arbitrators

November 11, 2018 · Arbitration: Rules, Legislation

The Current Rules Of Professional Conduct Became Effective On November 1, 2018.     The following new rules pertain to arbitrators, mediators, or other third party neutrals:     Rule 1.12 Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral;     Rule 2.4 Lawyer as Third-Party Neutral;     Rule 2.4.1 Lawyer as Temporary Judge, Referee, […]

Arbitration, Employment, Confidentiality, Construction, Unconscionability: First District, Division 1: Armendariz Is Good Law, Making Law Firm’s Arbitration Agreement Unconscionable

November 8, 2018 · Arbitration: Appealability, Arbitration: Civil Rights, Arbitration: Confidentiality, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Severability, Arbitration: Unconscionability

Under Armendariz Framework, Court Finds Parties' Arbitration Agreement Is Unconscionable.      Constance Ramos, "an experienced litigator and patent practitioner with a doctorate in biophysics" petitioned the Court of Appeal to vacate superior court Judge John Stewart's order granting the motion of her erstwhile employer, Winston & Strawn, to compel arbitration of her employment/FEHA dispute. […]