The District Court Had Already Approved a Class Settlement Twice Over Objections. Lisa Kim, individually and on behalf of others, sued Tinder, alleging its pricing model was unfair. The district court approved the settlement — twice. Objectors, however, contended on appeal that Kim, bound by an arbitration clause to individually present her claims in […]
Health Care Facilities Continue To Generate Disputes About Enforceability Of Arbitration Provisions. Sometimes you can predict the conclusion in a court opinion after reading the recitation of facts. Here, the evidence pointed to a 74 year old women, suffering from dementia, who entered a residential care facility between December 29, 2022, and January 1, […]
Health And Safety Code Section 1363.1 Is The Relevant Provision. Section 1361.1 provides that "[a]ny health care service plan that includes terms that require binding arbitration to settle disputes and that restrict, or provide for a waiver of, the right to a jury trial shall include, in clear and understandable language, a disclosure that […]
Mattson Obtained The Stay Of Litigation Against Applied Material's Lawsuit Despite Not Having Arbitration Agreement With Applied Material. Preliminarily, our next case, Mattson Technology, Inc. v. Applied Material, Inc., A165378 (1/5 11/1/23) (Burns, Jackson, Simons), is somewhat confusing to read. Mattson is designated as plaintiff and appellant in the case heading, though Applied, which […]
A Break From Blogging . . . Readers of this blog may have noticed that I took a break from blogging. During the break I hiked in Valley of Fire (NV) and Death Valley (CA). The photo above was taken in Death Valley in an area called "Artist's Palette".
And The Court Also Decides An Issue Of First Impression Concerning Adequacy Of Service. The Appellate Division of the Superior Court, County of Los Angeles, addressed Mandatory Fee Arbitration Act (MFAA) issues in Folke v. Pulliam (10/6/23). In an employment dispute, Pulliam, the client, hired attorney Folke to assist Pulliam's attorney Akinyemi. Afterwards she […]
Arbitrator Bias Furnishes A Proper Basis To Vacate An Award. A canceled real estate sale resulted in an arbitration award adverse to the seller. Seller Pham appealed, on the grounds that the arbitrator was biased. While the grounds for vacating an arbitration award are exceedingly narrow, bias can constitute misconduct, and thus serve as […]
Governor Newsom Signed SB 365 On October 10, So Now There Are No Automatic Stays Pending Appeal When Trial Court Denies Motion To Compel Arbitration. Ordinarily, "the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby . […]
The Payment Must Be Received By The Arbitrator Within 30 Days Of When It Was Due. September 1, 20221 was the “due date” for the employer in a sexual harassment dispute to pay arbitration fees and costs to the arbitrator, making payment due October 3. Cal. Code of Civ. Proc., § 1281.98(a)(1). The employer […]
The Judge says, "I'm looking for a global outcome if we can get it." It is painful to watch Senator Dianne Feinstein in the dusk of her long and distinguished career of public service, mired in a family lawsuit in which she is represented by her daughter former San Francisco judge Katherine Feinstein, acting […]