A "Headless" PAGA Claims Is Permitted Pre-2024, But Now The Law Has Changed. Headless Statue of Athena, Goddess of Wisdom. Creative Commons Attribution-Share Alike 2.0 Generic license. Carole Raddato, photographer. A “headless” PAGA case is one in which the plaintiff abandons […]
The Court Disapproved of Felisilda v. FCA US LLC (2020) To The Extent It Suggested Manufacturers Could Make Use Of Dealers' Arbitration Clauses. An issue knocking about in California Courts of Appeal has been whether Ford Motor Company and other automobile manufacturers could piggyback off arbitration clauses found in the contracts between dealerships and […]
Judicial Review Of The Fairness Of A Derivative Lawsuit Settlement Is Much Like Review Of The Settlement Of A Class Action. Norman v. Strateman, A170356 (1/3 6/20/25) (Petrou, Fujisaki, Rodriguez), involved a cryptocurrency exchange dispute requiring judicial approval of derivative settlements. Donald Norman, Patrick Strateman, and Amir Taaki established Intersango, a cryptocurrency exchange that […]
The Two Agreements Were Read Together As One Agreement. In Silva v. Cross Country Healthcare, Inc., B337435 (2/5 6.13/25) (Hoffstadt, Moor, Kim), employees Isabel Silva, Alejandro Garcia, and Janai Velasco challenged their employer’s attempt to compel arbitration of their wage-and-hour and related claims. Each plaintiff had signed two agreements at hiring: (1) an Arbitration […]
A SCOTUS Case Of First Impression. Our next case, a US Supreme Court case, shows that the Court can still issue unanimous opinions in cases that require the application of statutes and that are not politically polarizing. In CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., No. 23-1201, 605 U.S. __ (6/5/25) (Justice Alito), […]
The Opinion Applies Established California Unconscionability Law. In Velarde v. Monroe Operations, LLC, 111 Cal.App.5th 1009 (4/3 6/6/25) (Sanchez, Moore, Motoike), the California Court of Appeal affirmed denial of a motion to compel arbitration. Newport Healthcare required new hire Karla Velarde to sign an arbitration agreement as a condition of employment, presenting it among […]
Activities Inconsistent With Right To Arbitrate, Without Showing Of Prejudice, Is Sufficient To Find Waiver Of Right To Arbitrate. In Hofer v. Boladian, 111 Cal. App. 5th 1 (2/5 5/9/25) (Hoffstadt, Moor, Kim), the Califo In Hofer v. Boladian, 111 Cal. App. 5th 1 (2/5 5/9/25) (Hoffstadt, Moor, Kim), the Cali rnia Court of Appeal applied the […]
Bright Line Still Applies To The Deadline Employers Have To Pay For Arbitration Cost Or Lose Ability To Arbitrate, But Wait For California Supreme Court Ruling. In Mone Yvette Sanders v. Superior Court, 110 Cal.App.5th 1304 (2/7 5/6/25) (Feuer, Martinez, Stone), the court held Code Civ. Proc. § 1281.98 is not preempted by the FAA; […]
Judge Ryan Nelson Writes Majority Opinion And Concurring Opinion. In Godun v. JustAnswer LLC, No. 24-2095 (9th Cir. 4/15/24) (R. Nelson, Paez, Ikuta), plaintiffs alleged that JustAnswer deceptively enrolled them in costly recurring subscriptions after paying $1–$5 for answers online. JustAnswer moved to compel arbitration under Terms of Service containing an arbitration clause, arguing […]
US Supreme Court Rule That One Cannot Look To Underlying Dispute To Establish Jurisdiction Compels Result. "Vacating the district court’s order granting Tesla, Inc. and Elon Musk’s petition to confirm an arbitration award, the panel held that the district court lacked subject matter jurisdiction to confirm the award pursuant to Badgerow v. Walters, 596 […]