Panel Denies Motion For Rehearing And Request For En Banc. On September 15, 2021, we posted about Hodges v. Comcast, No. 19-16483 (9th Cir. 9/10/21) (Collins, VanDyke; Berzon, dsst.) In that case, the court held that non-waivable public injunctive relief (i.e., relief that falls under the McGill rule), must be forward looking and benefit the […]
Engaged In Interstate Commerce, Domino's Drivers Delivering Pizza Ingredients Intrastate Are Exempt From Requirements of Federal Arbitration Act. 9 U.S.C § 1. How Domino's Makes Its Pizza ↑ Downtown LA Pizza. Carol Highsmith, photographer. 2012. Library of Congress. ↑ Jon Stewart Deep Dish Pizza Rant. ↓ […]
Just Following The Law, Or Gaslighting? Farmworker Martinez-Gonzalez, on behalf of himself and other employees, brought a wage and hour lawsuit against a farm labor contractor and a grower. The district court held that defendants could not enforce an arbitration agreement, because the employee had signed under economic duress or undue influence. […]
De Leon v. Pinnacle Property Management Services, LLC, G059801 (4/3 ord. to publish 12/8/21) (Marks, Fybel, Goethals). This case applies established principles to affirm the trial court's order denying employer's motion to compel arbitration. The trial court found the arbitration agreement procedurally and substantively unconscionable. Procedurally unconscionable, because it was a take-it-or […]
After Employee Questioned The Agreement To Arbitrate, Burden Of Proof Shifted To Employer. Hope Gamboa sued Northeast Community Clinic for employment-related claims. The employer moved to arbitrate. The trial court denied the motion. Affirmed. No agreement to arbitrate existed. Gamboa v. Northeast Community Clinic, No. 394833 (2/7 11/30/21) (Ibarra, Perluss, Feuer). Why couldn't […]