Author: calmediation

Arbitration/Nonsignatories/Equitable Estoppel: Ninth Circuit Puts Brakes On Toyota’s Attempt To Compel Prius Plaintiffs To Arbitrate Their Claims

February 3, 2013 · Arbitration: Consumers, Arbitration: Delegation, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

District Court Could Decide Whether Nonsignatory Could Compel Arbitration Toyota has been enmeshed in arbitration concerning the ABS braking system of its 2010 Prius. In Kramer v. Toyota Motor Corporation, et al., Case No. 12-55050 (9th Cir. January 1, 2013) (Quist, D. J., author 3-0) (published), owners of 2010 Priuses, parties to arbitration agreements […]

Arbitration/Consumers/Fees: Sorry, Wrong Number – Court of Appeal Rejects Cingular Wireless Customer’s Claim That Fees Incurred Successfully Opposing Arbitration Before Concepcion Was Decided Amounted To Damages

February 3, 2013 · Arbitration: Consumers, Arbitration: Fees

Concepcion Looms Large, As Court Summons “Large Animal” and “Tanker of Ink”Images For The Case — And Its Wake The issue in Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist. Div. 3 January 29, 2013) (Bedsworth, J., author 3-0) (unpublished), was whether the customer of a cell phone carrier could state damage […]

Arbitration/Public Policy/Standard of Review: Licensing Requirement for Contractors Constitutes Explicit Legislative Expression of Public Policy, That If Not Enforced By Arbitrator, Constitutes Grounds for Judicial Review

January 27, 2013 · Arbitration: Public Policy, Arbitration: Standard of Review

Trial Court Must Conduct De Novo Review To Determine Whether Licensing Statute Requires Disgorgement of Compensation By Unlicensed Contractor Our next case addresses an important exception to the general rule that an arbitrator’s award cannot be vacated because of an error of fact or law: the “public policy exception.” The setting is a […]

Arbitration/Construction of Agreements: Fourth District, Division 2 Concludes Subcontract Arbitration Clause Does Not Permit Contractor to Compel Arbitration of Payment Dispute

January 26, 2013 · Arbitration: Construction of Agreement

Result Here Depends Entirely On Contract Construction Of Prime And Subcontracts Our next case is entitled American Water Jetting, Inc., Plaintiff and Respondent, v. Highland Construction, Inc. et al., Defendants and Appellants, Case No. E054004 (Fourth Dist. Div. 2 January 25, 2013) (McKinster, J.) (unpublished). I don’t usually restate the full caption of a […]

Arbitration/Homeowners: California Supreme Court’s Pinnacle Museum Tower Association Case Disposes Of Enforceability of Arbitration Provision In CC&Rs In Verano Condominium Homeowners Association Case

January 26, 2013 · Arbitration: Homeowners

Based On Holding of Pinnacle, Fourth District, Division 1 Reverses Order Of The Superior Court That Had Denied Developer’s Request To Arbitrate I posted on May 10, 2012 about Verano Condominium Homeowners Association v. La Cima Development, LLC, a 4th District Division 1 case, in which the Court of Appeal held, based on an […]

Arbitration/Disclosures: California Arbitration Act And Ethics Standards Require Arbitrator To Disclose A Lawyer In the Arbitration Is A Member Of The Dispute Provider Resolution Organization

January 22, 2013 · Arbitration: Disclosures

California Code of Civ. Proc. Section 1281.9 Enumerates Specific Instances Where Disclosure Is Always Compelled Plaintiff appealed an adverse judgment affirming a medical malpractice decision in favor of defendant doctor, arguing arbitrator failed to make a necessary disclosure. The neutral arbitrator and defendant’s counsel failed to disclose that defendant’s counsel had, subsequent to the […]

Arbitration/Homeowners: Fourth District, Division 1 Reverses Trial Court’s Order And Holds Arbitration Clause In Recorded Declaration Of Covenants, Conditions And Restrictions Is Valid

January 20, 2013 · Arbitration: Homeowners

Pinnacle Museum Tower Association Dictates Result In Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC, 55 Cal.4th 223 (2012), the California Supreme Court held that arbitration clauses in recorded CC&Rs, requiring that a homeowners association arbitrate construction claims against a developer, are enforceable. See my August 16, 2012 post about Pinnacle. (“Privity, […]

Arbitration/Employment/Waiver/FAA: First District, Div. 1, Affirms Judgment Compelling Employee To Arbitrate, Alone, With Macy’s Department Stores, Inc.

January 20, 2013 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Record, Arbitration: Waiver

Court of Appeal Is Skeptical About Gentry, But Avoids Addressing Gentry Factors, Because Record Was Lacking Macy’s Department Store’s Flagship location in Manhattan, New York. Carol M. Highsmith Collection. Library of Congress. The issue of the enforceability of class action waivers and compulsory arbitration in employment disputes is before the California Supreme […]

Arbitration/Employment: Second District, Division 5 Reverses Trial Court’s Refusal To Enforce Arbitration Agreement In Employment Handbook

January 17, 2013 · Arbitration: Employment

Law Of The Case Allows Court To Duck More Interesting Issues Concerning Arbitrability Of PAGA And UCL Claims Lewis v. 24 Hour Fitness USA, Inc., Case No. B239912 (2nd Dist. Div. 5 January 15, 2013) (Turner, P.J., author) (unpublished), involved the second appeal from the trial court’s refusal to enforce an arbitration agreement between […]

Arbitration/Automobiles/Appealability: Order Compelling Arbitration Is Not Appealable, Nor Is It “Death Knell” Of Plaintiff’s Case

January 17, 2013 · Arbitration: Appealability, Arbitration: Automobiles

Second District, Division 2 Decision Motivates Us To Create New Sidebar Category – Arbitration: Automobiles Our California car economy has spawned a plethora of decision concerning automobiles and arbitration. I have posted on these over the past year. Rather than link now to all the previous posts involving automobiles, I have simply created a […]