The Case Clarifies How The EFAA Should Apply To Arbitrating Cases Stradling The Effective Date Of The EFAA, And To Mixed Cases Involving Sexual Harassment And Other Claims. Jane Doe brought claims of sexual harassment and related violations by her employer, The Huntley Hotel. The employer sought to compel arbitration. The court ruled that […]
An LPS Conservatorship Only Created Authority To Make Decisions Concerning Health Care And Treatment, Not Authority To Agree To Arbitration. Health care facilities are a fertile breeding ground for problems enforcing arbitration agreements. The problems usually stem from deciding who has authority to agree to arbitration, who has capacity, and whether the claims to […]
Waiver Results From Delaying Bringing Motion To Compel Arbitration Without Adequate Explanation. Britnee Campbell, a former employee of Sunshine Behavioral Health, LLC, filed a class action lawsuit in May 2022 for wage and hour violations. Sunshine entered into litigation and mediation discussions, without mentioning an arbitration agreement allegedly signed by Campbell. In November 2022, […]
One More Opinion Rejects Reasoning In Felisilda. In Rivera et al. v. Superior Court of Ventura County, B334522 (2/6 9/23/24) (Gilbert, P.J.) petitioners Rivera and Espinosa sued Ford Motor Company under California's Song-Beverly Consumer Warranty Act (the "lemon law") after their Ford F-250 truck experienced repeated mechanical issues. They also included Ford of Ventura, […]