Author: calmediation

Arbitration/Arbitrator’s Fees/Appealability: Second District, Division One, Affirms Order Denying Petition to Confirm Arbitration Award Following Upon Failure of a Party to Pay Fees in Arbitration

February 29, 2012 · Arbitration: Appealability, Arbitration: Fees

Failure of Party to Pay Fees Here Resulted in Termination of Arbitration, and Case Bouncing Back to the Trial Court The next case grabbed Marc’s attention, because it involved a situation he has had to confront in arbitration: what to do when a party refuses to pay its share of arbitration fees. The […]

Enforcement of Settlement Agreement: Second District, Division 8 Holds Settlement Enforceable Against Employer Under CCP section 664.6 in Wage and Hours Case.

February 29, 2012 · Arbitration: Employment, Arbitration: Section 664.6

Court Rejects Employer’s Arguments That Agreement Lacked Material Terms and Was Obtained Through Fraud. Mejia v. Jhan, Inc., No. B230818 (2nd Dist. Div. 8 January 10, 2012) (unpublished), involved an overtime dispute between the employee, Mejia, and the employer, Jhan, Inc. The parties entered into a settlement agreement calling for the employer to […]

Waiver: Substantial Evidence of Waiver of Right to Arbitrate Results in Affirmance of Trial Court’s Order Denying Petition to Compel Arbitration

February 29, 2012 · Arbitration: Waiver

Our next case involves a business and a relationship gone sour. Slagter v. Maiao, No. D057368 (4th Dist. Div. 1 January 5, 2012) (unpublished). However, as the Court notes that the parties are well aware of the facts, and the facts are not relevant to the present legal issue, neither we nor […]

Enforceability/Unconscionability: Third District Affirms Order That Employment Application Requiring Arbitration Is Unconscionable

February 28, 2012 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Unconscionability

Plenty of Hurdles to Enforcement in This Particular Case In Wisdom v. AccentCare, Inc., No. C065744 (3rd Dist. January 3, 2012) (certified for publication), the Court of Appeal held: “that a clause in an application for employment with AccentCare, Inc. (AccentCare), requiring only the applicant agree that, if hired, all disputes that cannot […]

Illegality/Enforceability: Arbitration Agreement with Unlicensed Contractor May Still Be Enforceable

February 26, 2012 · Arbitration: Award, Arbitration: Enforceability, Arbitration: Illegality

Fifth District Finds That The Contract Containing the Arbitration Clause Is Not Automatically Unenforceable With limited exceptions, an unlicensed contractor will find it impossible to collect payment, and may also have to disgorge payments already made. Can an award in favor of the client of an unlicensed contractor be set aside on the […]

Incorporation of Rules/CCP section 1281.2: Arbitration Agreement is Self-Executing Where Arbitration Clause Incorporates Existing Rules of AAA

February 26, 2012 · Arbitration: Construction of Agreement, Arbitration: Rules

“Self-executing” Means Party Does Not Have to File Petition Pursuant to CCP 1281.2 to Compel Arbitration In Tutti Mangia Italian Grill, Inc. v. American Textile Maintenance Co., 197 Cal.App.4th 733, 128 Cal.Rpr.3d 551 (2011) a dispute arose between ATM, a supplier of restaurant lines, and TMIG, a restaurant. ATM commenced an arbitration pursuant […]

Unconscionability/Enforceability: Incorporation by Reference of Arbitration Policy in Employee Handbook Was Procedurally Unconscionable.

February 26, 2012 · Arbitration: Employment, Arbitration: Unconscionability

Employer Failed to Attach the Rules . . . Petitioner Zullo sued her employer Inland Valley Publishing Co. (Inland), for wrongful termination. The superior court granted Inland’s petition to compel arbitration and stayed the civil proceedings. Petitioner challenged the ruling by way of writ of mandate. Zullo v. Sup. Ct., 197 Cal.App.4th […]

Nonsignatories/Burden of Proof/Equitable Estoppel/Third-Party Beneficiaries: Third Party Non-Signatories Cannot Successfully Move to Compel Arbitration Agreement Where They Are Neither Sufficiently Tied to The Parties to the Agreement Nor Third Party Bene

February 25, 2012 · Arbitration: Burden of Proof, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Nonsignatory Has Burden of Proof to Establish It is Party to the Arbitration Agreement and Entitled to Enforce It. In Jones v. Jacobson, 195 Cal.App.4th 1 (2011), Societe Generale and a related entity (SG appellants) were sued along with Jacobson by the Joneses in connection with a failed investment, and sought to arbitrate. […]

Enforceability/Mandatory Fee Arbitration/Fee Dispute/Standard of Review: Binding Fee Arbitration Under the Mandatory Fee Arbitration Act is an Oxymoron and Resulting Award is Unenforceable

February 25, 2012 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Fees, Arbitration: MFAA, Arbitration: Unconscionability

Arbitration Agreement Containing Inconsistencies Between California Arbitration Act (CAA) and Mandatory Fee Arbitration Act (MFAA) is Interpreted Against the Law Firm That Drafted It “The fundamental problem in this case . . . arises from an internal inconsistency in the arbitration clause, which states that “[a]ny dispute pertaining to the fees owed […]

Unconscionability: Delegation Clause in Arbitration Agreement Does Not Render Entire Arbitration Agreement Unconscionable

February 25, 2012 · Arbitration: Unconscionability

Arbitration Agreement Wasn’t Permeated With Unconscionability Htay Htay Chin sued Advanced French Concepts Franchise Corp. (AFC) over a sushi franchise. AFC then moved to compel arbitration. Chin argued that the arbitration agreement, which included a “delegation provision”, was unconscionable – and the trial court agreed, denying the motion to compel arbitration. This resulted in […]