Result: 1st District, Div. 5 Holds That Trial Court Properly Vacated Dismissal and Entered Judgment on Unfavorable Reward In Lee v. Kwong, 193 Cal.App.4th 1275, 123 Cal.Rptr.3d 633 (2011), plaintiff entered into an agreement to purchase a Chinese restaurant from seller, but seller ended up selling to a third party, leaving buyer with […]
Vestigial Powers of Court Following Stay Leave It Without Power to Lift Stay Under the Circumstances MKJA sued 123 Fit Franchising alleging that it had been fraudulently induced to enter into franchise agreements. The defendant commenced arbitration in Colorado pursuant to an arbitration, and sought a stay in California of the lawsuit pursuant […]
Concurring Opinion By Justice Chin Expresses Discomfort With Result In Cassel v. Superior Court, 51 Cal.4th 113, 119 Cal. Rptr. 3d 437 (2011), the California Supreme Court addressed whether the mediation confidentiality protection applies to attorney-client communications when the client sues the attorney for malpractice. (Ordinarily, the attorney-client privilege flies out the […]
Exceptions To Confidentiality of Communications Are Very Limited, and Showing Sancitonable Conduct Is Not One of the Exceptions In Foxgate Homeowners’ Association, Inc. v. Bramalea California, Inc., 26 Cal.4th 1, 108 Cal.Rptr.2d 642 (2001), the Supreme Court faced,”the intersection between court-ordered mediation, the confidentiality of which is mandated by law (Evid.Code, §§ 703.5, […]
. . . And Confidentiality Requirement in the Agreement Also Applies, Even if Local Rules Governing Settlement Communications Do Not Apply in Federal Court Sometimes the tone of a Court’s opinion gives a good clue as to the outcome. Such was the case in Facebook, Inc. v. Pacific Northwest Software, Inc., 640 F.3d […]
Court of Appeal Reminds That “The Essence of Mediation Is Its Voluntariness” Jeld-Wen was a minor player in a complex construction dispute. It was ordered by the trial court to attend a mediation and pay its share of costs. Jeld-Wen refused to attend, and was duly ordered to attend and sanctioned. Jeld-Wen sought a […]
Case Involves Application of CCP Section 410.42 to Mediation/Arbitration Provision in Construction Contract Before becoming Chief Justice of the California Supreme Court, Justice Cantil-Sakauye authored the opinion in Templeton Development Corporation v. Superior Court [Dick Emard Electric, Inc. Real Party in Interest], 144 Cal.App.4th 1073, 51 Cal.Rptr.3d 19 (2006). Emard, an electrical contractor, […]
Leading Case of Armendariz v. Foundation Health Psychare Services, Inc. Sets Forth Minimum Requirements for Valid Arbitration Provision The leading case Armendariz v. Foundation Health Psychare Services, Inc., 24 Cal.4th 83 (2000), was authored by the late great Justice Stanley Mosk (1912 to 2001). The opinion is important because it provides that FEHA […]
Dire Implications for Mediation Would Follow from Disqualification Plaintiff’s attorney became involved in two related lawsuits against the same defendant, a builder of an apartment building severely damaged by the Northridge earthquake and subsequently demolished. In the first lawsuit the attorney represented the builder’s lender and attended mediation. In the second lawsuit, the […]
Standard Form Residential Agreement Typically Provides That Prevailing Party in Litigation or Arbitration Who Refused a Request to Mediate Before Commencement of Such Proceedings is Barred From Recovering Fees Buyers sued home sellers for specific performance and lost the lawsuit. Sellers filed two motions for attorney’s fees, both of which were granted. The […]