California Mediation and Arbitration

Author: calmediation

Existence Of Agreement, Unconscionability: First District, Div. 4 Concludes Arbitration Agreement Was Signed, Not Unconscionable, And Reverses

January 23, 2023 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

Proof Of Handwritten Signature May Be Easier Than Proof Of Electronic Signature.         The trial court found that the employer failed to prove employees had signed an arbitration agreement, that the agreement was unconscionable, and the court rejected the employer's efforts to compel arbitration. The Court of Appeal reversed. Leroye Iyere et al. v. Wise […]

Existence Of Arbitration Agreement: Arbitration Agreement For Website Did Not Apply To In-Store Purchases

January 11, 2023 · Arbitration: Existence of Agreement, Arbitration: Scope

Existence Versus Scope Of Arbitration Agreement — See How It Makes A Difference. Tire recapping. A service attendant points out a worn tire that may be recapped under a new plan which removes restrictions on reclaimed camelback rubber for passenger tires. The plan to recap passenger car tires with reclaimed rubber camelback, approved by rubber […]

Waiver: Fourth District Div. 2 Holds Lengthy Delay And Failure To Timely Take Affirmative Steps To Arbitrate Results In Waiver Of Right To Arbitrate

January 11, 2023 · Arbitration: Arbitrability, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Collective Bargaining, Arbitration: Standard of Review, Arbitration: Waiver

Thirty-Nine Page Slip Opinion Hinges On Issue Of Waiver.         The Court of Appeal addresses a variety of issues in the context of a complicated procedural history in Desert Regional Medical Center v. Leah Miller and Desert Regional Medical Center v. Lynn Fontana, E076058 and E076069 (4/2  1/6/23) (Codrington, Ramirez, Raphael).          The procedural history […]

Scope Of Arbitration Agreement Did Not Encompass Pre-Employment Disputes

January 4, 2023 · Arbitration: Civil Rights, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Public Injunctive Relief, Arbitration: Scope

Court of Appeal Also Held That Trial Court Properly Declined To Require Arbitration Of  FEHA Claim For "Public Injunction."         Defendant and Appellant Tesla, Inc. — you've probably heard of the company — appealed from denial of Tesla's motion to compel arbitration as to employees Chatman and Hall, plaintiffs. Marcus Vaughn et al v. Tesla, […]

Ninth Circuit Holds Inmate Receiving Debit Card For Confiscated Cash Did Not Consent To Debit Card Agreement To Arbitrate

January 2, 2023 · Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Once You Know The Facts, Your Going To Know How This Case Turns Out . . .         Plaintiffs in Reichert v. Rapid Investments, Inc., 21-35530 (9th Cir.  12/30/22) (Berzon, Christen, Block) (per curiam) were inmates discharged from Kitsap County Jail and given a debit card for cash confiscated by the jail earlier upon their […]

Jurisdiction, International Arb, FAA, Standard Of Review: Ninth Circuit Reminds Us Of Its Limited Ability To Fix Things In Arbitration When They Go Wrong To

December 27, 2022 · Arbitration: International, Arbitration: Jurisdiction, Arbitration: Standard of Review

It Is With A Heavy Heart That A Ninth Circuit Panel Tells Us It Can't Fix A Mess.         "This award shows in stark terms the real risks that parties assume when they trade away their right to adjudicate their claims in court for the potential efficiencies of arbitration. When, as here, things go wrong, […]

Employment, Uncionscionability, Delegation: Fourth Dist. Div. 3 Agrees With Trial Court That Arbitration Agreement Is Unconscionable

December 26, 2022 · Arbitration: Construction of Agreement, Arbitration: Delegation, Arbitration: Employment, Arbitration: Unconscionability

Ambiguous And Unconscionable.         The threshold question in Bernell Gregory Beco v. Fast Auto Loans, Inc., G059382 (4/3  12/14/22) (Moore, Bedsworth, Sanchez) was whether the court or the arbitrator should determine the issue of arbitrability. The arbitration agreement included a delegation provision stating that covered: "any dispute concerning the arbitrability of any such controversy or […]

Arbitration: Setoff In Arbitration Award That Affected 3d Party Could Not Be Corrected By Trial Court

December 26, 2022 · Arbitration: Section 1284 Correction by Arbitrator, Arbitration: Section 1286.6 Correction by Court

Can A Merits Award In Arbitration That Affects Rights Of Third Party Who Did Not Participate In Arbitration Be Corrected?         The majority opinion in E-Commerce Lighting, Inc. v. E-Commerce Trade LLC, E074525 (4/1  12/9/22) (Raphael, Ramirez; dsst. Mentrez), answered the above question with a "no", reversing the trial judge. Judge Menetrez, dissenting, answered "yes," […]