Timing Is Everything Plaintiff Reyes, a security officer, filed a class complaint alleging wage and hour violations against Liberman Broadcasting, Inc. (LBI). The trial judge denied a motion by LBI to compel arbitration, on the grounds that the employer failed to properly and timely assert its right to arbitrate. LBI appealed the trial court’s […]
Incorporation By Reference Argument Fails Freedom Films, LLC sued Nu Image, Inc., and M3 Media, Inc. for breach of contract, accounting, and fraud, adding doe defendants later as alleged alter egos. Defendants moved to compel arbitration under an arbitration provision. The trial court denied the motions on the ground that the parties had not […]
Mediation Approach Addressed Mutual Interests On August 27, 2012, Leslie Kaufman reported in the New York Times, that Harvard law professor Roger D. Fisher died at the age of 90. Professor Fisher was a co-author with William Ury and Bruce Patton, of the mediation ur-text, “Getting to Yes.” Professor Fisher also co-founded the Harvard […]
Denial of Motion to Compel Arbitration Hinges on Burden of Proof and Existence of Statutory Rights One of the “hot topics” we have posted about is whether the right to sue in court can be waived when the rights at issue are statutory rights. See our June 5, 2012 post on Iskanian v. CLS […]
However, California Supreme Court Will Likely Make Ultimate Determination of Issues in Pending Sanchez v. Valencia Holding Co. Case Arbitration clauses in contracts for automobile purchases and leases offer fertile ground for litigation. See our April 12, 2012 post about Kolev v. Euromotors West/The Auto Gallery, 586 F.3d 1024 (9th Cir. 2011) (opinion […]
Second District Division 2 Concludes That Arbitrator Did Not Disregard Choice Of Law Provision Roller Bearing Company of America (RBC) manufacturers roller bearing assembly parts and Honeywell International use them in engines it manufacturers. Roller Bearing Company of America, Inc. v. Honeywell International, Inc., Case No. BS127074 (2nd Dist. Div. 2 August 23, […]
California’s Code of Civil Procedure Provisions Governing International Arbitration Differ From Ordinary Domestic Arbitration Provisions With this post, we inaugurate a new sidebar category: “Arbitration: International.” Comerica Bank v. Howsam, et al. Case No. B232749 (2nd Dist. Div. 5 August 20, 2012) (Turner, P.J., author)(partially published) involves appeals from orders confirming three […]
Mediation Was A Condition Precedent To Litigating And Failure To Mediate Had Earlier Prevented The Homeowner From Suing To Enforce A Settlement Agreement The homeowner (an in pro per attorney) and homeowner’s association (HOA) have been involved in a battle royal resulting in four appeals. Appeal No. 1: trial court dismisses homeowner’s lawsuit […]
Actor Nicolas Cage Ordered to Pay Attorney’s Fees in Real Estate Lawsuit After Losing Attempt to Compel Arbitration On March 20, 2012, we posted about Lindemann v. Hume, et al., Case Nos. Nos. B226106, B233273 (2nd Dist. Div. 7 filed February 21, 2012) (Perluss, P.J.), a case in which the Court of Appeal affirmed […]
Majority Opinion Draws Two Concurrences and One Dissent Arbitration is a matter of consent, right? Because there can be no meaningful consent between a developer that drafts covenants, conditions, and restrictions containing a provision requiring arbitration of construction disputes, and a homeowner’s association (HOA) that doesn’t yet exist, how can the HOA in […]