California Mediation and Arbitration

Month: September 2019

Settlement Agreements: On Second Thought, Trial Judge’s Speculation About Rekindled Romantic Relationship Is Removed From Modified Appellate Opinion

September 30, 2019 · Uncategorized

The Case Held That Judgment Creditor's Release Of Judgment Debtor Does Not Preclude Creditor's Attorney From Pursuing Contingency Fee And Costs From Judgment Debtor.     We posted about Mancini & Associates v. Jason Schwetz, B290498 (2nd Dist. Div. 6) (Gilbert, J.) on September 5, 2019. This is an unusual case in which the judgment […]

Mediation/Attendance: Fifth District Holds That Agricultural Employees Do Not Have Right Of Access To On-The-Record Mandatory Mediation And Conciliation

September 25, 2019 · Uncategorized

California's Labor Code Provides For A Mandatory Mediation And Conciliation  (MMC) Process To Promote The Collective Bargaining Process In Agricultural Labor Relations.     When collective bargaining between the United Farm Workers Union and Gerawan Farming, Inc. reached an impasse, the UFW requested, and the California's Agricultural Labor Relations Board ordered the parties to mandatory mediation and […]

International Arbitration: 9th Circuit Holds Case Seeking To Collect International Arbitration Award Properly Belonged In State Court

September 24, 2019 · Arbitration: Foreign Arbitration

Collection Efforts Case Was Not Related To International Arbitration Agreement Or Award, And So Belonged In State Court.     The District Court for the Western District of Washington denied plaintiff Cerner's motion to remand to state court an action that defendants had removed to federal court on the basis that it related to an international […]

Arbitration, Waiver, Standard Of Review: Delay, Substantial Invocation Of Litigation Machinery, And Prejudice Result In Waiver Of Right To Arbitrate

September 20, 2019 · Arbitration: Standard of Review, Arbitration: Waiver

Was Delay In Requesting Arbitration Simply A "Strategic Convenience" For Defendants?     Spracher v. Paul M. Zagaris, Inc. [Zagaris], and Higashi v. Disclosure Source, A1952941, A152962 (1/3   9/17/19) (Petrou, Siggins, Fujisaki), is a consolidated appeal brought by defendants in a class action in which plaintiffs alleged that defendants schemed to defraud plaintiffs. Plaintiffs were […]

Arbitration, PAGA, Employment: California Supreme Court Holds Labor Code Section 558’s Civil Penalty Does Not Include Unpaid Pages

September 16, 2019 · Arbitration: Employment

The Practical Consequence Is That There Is No Private Right Of Action Under Section 558 To Collect Civil Penalties, And Hence Such A Claim Is Not Arbitrable.     The California Supreme Court granted an employer's petition for review in ZB, N.A. v. Superior Court, S246711 ((Cal. Sup. Ct.  9/12/19) (Cuéllar, J.), "to resolve the […]

Arbitration, Construction Of Agreement, Reference: Trial Court Properly Denied Motion To Compel Arbitration Or For A Reference

September 12, 2019 · Arbitration: Appealability, Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act, References

An Order Denying A Judicial Reference Is Not Appealable, Even When Coupled With An Order Denying Arbitration, Which Is Appealable.     A frequent source of confusion with motions to arbitrate is an arbitration provision that refers to both the Federal Arbitration Act (FAA) and California law. Indeed, that was the source of confusion (somewhat […]

Settlement Agreements: Judgment Creditor’s Release Of Judgment Debtor Does Not Preclude Her Attorney From Pursuing Contingency Fee and Costs From Judgment Debtor

September 5, 2019 · Settlement Agreements

The Trial Judge Thought Something Didn't Seem Right.     An opinion from the Second District, Division 6, begins snappily: "Of course, on occasion, a client may not fully appreciate the excellent result achieved by her or his attorney." And of course, the author is Justice Gilbert. Mancini & Associates v. Jason Schwetz, B290498 (2/6  […]