California Mediation and Arbitration

Month: July 2023

Scope, Equitable Estoppel: 9th Circuit Holds Discrimination Claims Were Outside Scope Of Arbitration, And Equitable Estoppel Prevented Bank From Arguing Borrower Couldn’t Opt Out

July 24, 2023 · Arbitration: Equitable Estoppel, Arbitration: Scope

There Were Two Agreements To Arbitrate And Neither Worked.         Iliana Perez entered into two arbitration agreements: one, with Citibank in 2010 in connection with a student loan, the second, with Discover Bank in 2018, in connection with a consolidation loan for her student loan. She sued Discover Bank after her application for a consolidation […]

FAA, Transportation Workers: Domino’s Pizza Drivers Involved In “Last-Leg” Of Interstate Commerce Are Exempt From Arbitration

July 24, 2023 · Arbitration: Federal Arbitration Act, Arbitration: Transportation Workers

Ninth Circuit Explains Drivers Inside California May Be Engaged In Interstate Commerce.         The ingredients for Domino's pizzas are delivered from out-of-state to warehouses in California where they are weighed, redistributed, packaged, and delivered by truck drivers in California to Domino's Pizza franchisees located in California. Do the California drivers qualify as a class of […]

Delegation: Ninth Circuit Concludes That Delegation Clause Is Enforceable, Regardless Of Whether Arbitration Clause Is Found To Be Enforceable

July 24, 2023 · Arbitration: Delegation, Arbitration: Unconscionability, Arbitration: Waiver

Nesting dolls (Matryoshka dolls). Wikipedia. Published under GNU Free Documentation License, Version 1.2, and any subsequent versions.         We can analogize the next case to a nesting doll problem. The delegation clause in an arbitration agreement (Agreement) is a mini-agreement nested in the Agreement. The Agreement is nested in an employment contract, consumer contract, or […]

Arbitration, Scope: 9th Circuit Ruled Amazon Arbitration Agreement With Flex Drivers Did Not Apply To Spying On Drivers On Facebook

July 11, 2023 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Existence of Agreement, Arbitration: Scope

Two Judge Majority With Judge Susan P. Graber Concurring And Dissenting.         Amazon Flex Drivers sued Amazon for allegedly spying on them in a closed Facebook group where the drivers discussed employment-related issues when they were not working. A panel of the 9th Circuit held that a 2016 arbitration agreement applied, because the employer seems […]

Arbitration, Deadlines, Prompt Payment, Fees: Plaintiff Successfully Exercises Option To Withdraw From Arbitration Because Defendant Employer Was Tardy Paying Arbitration Fees

July 10, 2023 · Arbitration: Deadlines, Arbitration: Employment, Arbitration: Fees, Arbitration: Prompt payment 1281.97 and .98.,97

Courts Have Been Unforgiving In Interpreting An Unambiguous Statute. See CCP § 1281.98.         "A statute gave Milan Cvejic the option to get out of arbitration if Skyview was tardy in paying its arbitration fees. Skyview was tardy in paying its arbitration fee. Cvejic was entitled to get out." Milan Cvejic v. Skyview Capital, LLC, […]

Nonsignatories: Second Dist., Div. 7 Holds Ford Motor Company Cannot Compel Arbitration Under Dealership Contract

July 9, 2023 · Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Second District, Div. 7 Sides With Second Dist., Div. 8, Rejects Reasoning In Third District Case.         Rejecting equitable estoppel and third-party beneficiary theories, the Court of Appeal holds that Ford Motor Company cannot piggyback on to the arbitration provision in a dealership contract, and thus Ford is unable to compel arbitration with the buyer […]

Arbitration, Vacatur: California Supreme Court Rules 100-Day Deadline Is Not Jurisdictional And Equitable Tolling/Estoppel Could Apply

July 9, 2023 · Arbitration: Deadlines, Arbitration: Jurisdiction, Arbitration: Section 1286.2 Vacatur

Missing The 100-Day Deadline For Seeking Vacatur Of An Arbitration Award Was Not The End Of The Story Here.         It is not possible to improve on the California Supreme Court's summary of the case and its holding:         "Law Finance Group, LLC, prevailed in an arbitration against Sarah Plott Key and filed a petition […]

Arbitration, Discovery: A “Hearing” Subpoena That Is Functionally A Discovery Subpoena Is Improper In Arbitration

July 9, 2023 · Arbitration: Discovery

The Court Of Appeal Chose Substance Over Form.         The subpoena provisions of the California Arbitration Act do not give an arbitrator the power to issue “prehearing discovery subpoenas.” Aixtron, Inc. v. Veeco Instruments, Inc., 52 Cal.App.5th 360 (2020).         Tim McConnell v. Advantest America, Inc., D080532 (4/1  filed 5/4/23  pub. 6/15/23) (Do, Huffman, O'Rourke) […]

PAGA: Fifth District Affirms Denial Of Motion To Compel Arbitration Because Blanket Waiver Of PAGA Claims Is Unenforceable

July 8, 2023 · Arbitration: Construction of Agreement, Arbitration: PAGA, Arbitration: Waiver

Agreement Was Not Ambiguous.         The court explained in Duran v. Employbridge Holding Company, F084167 (5th Dist. filed 4/27/23 pub. 5/30/23) (Franson, Hill, Smith) that the provision "claims under PAGA . . . are not arbitrable under this Agreement" is not ambiguous. "It is not objectively reasonable to interpret the phrase 'claims under PAGA' to […]