California Mediation and Arbitration

Author: calmediation

Settlement: Conditional Acceptance Of A Settlement Offer Does Not Result In A Settlement Using Section 998 Procedure

August 30, 2022 · Settlement, Settlement Agreements

An Offeree's Acceptance Of A Section 998 Offer Must Be "Absolute And Unqualified" To Form A Binding Settlement.         "Absolute and unqualified" did not describe the offeree Says Siri's acceptance of Sutter Home Winery's offer in Says Siri v. Sutter Home Winery [Trinchero Family Estates], A161923 (1/4  8/25/22) (Pollak, Streeter, Goldman). Instead, Siri accepted Trinchero's […]

Pending Cases: Viking Cruises Is No Longer “Pending” And 9th Circuit Withdraws Opinion Re AB 51 And Mandatory Arbitration

August 29, 2022 · Arbitration: Employment, Arbitration: Federal Arbitration Act, Pending Cases

Catching Up From Last Week . . . Viking Cruises v. Moriana, PAGA, And Federal Preemption.          We posted on June 19, 2022 about the Viking Cruises case, in which SCOTUS ruled individual PAGA claims can be arbitrated. In a concurrence, Justice Sotomayor wrote, "As a whole, the Court’s opinion makes clear that California […]

Delegation, Gateway Issues: Ninth Circuit Affirms Judgment Of District Court To Compel Arbitration With Tribe Because Of Effective Delegation Clause

August 15, 2022 · Arbitration: Delegation, Arbitration: Gateway Issues

The Opinion Sets Forth The Steps For Analyzing A Delegation Issue.         The Chicksaw Nation opposed arbitrating a dispute with Caremark, the pharmacy benefit manager for health-insurance plans that cover many tribal members. The Nation argued that it could not be compelled to arbitrate because it had not waived tribal immunity and because a provision of […]

Arbitration, Severability, Public Policy: Second Dist. Div. 8 Holds Arbitration Provision In Attorney Fee Dispute Was Enforceable, Though Attorney Unlicensed In California Had Done Some Work For Client

August 4, 2022 · Arbitration: Enforceability, Arbitration: Fees

Just Because Some Work Was Done By An Attorney Not Licensed In California Doesn't Necessarily Mean The Arbitration Agreement Or The Fee Agreement Is Unenforceable.         Plaintiff Mark Brawerman sued Loeb & Loeb, arguing the law firm failed to protect his interests in  negotiating with the venture capital firm Wasserstein & Co., resulting in the […]

Ninth Circuit Holds Jurisdiction Exists To Enforce Arbitral Document Subpoena In California For International Arbitration Pending In DC

August 3, 2022 · Arbitration: Discovery, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

Fighting About Obtaining Discovery In International Arbitration Pending In US . . .            A problem occasionally encountered in arbitration is getting a court to enforce a document subpoena issued by the arbitrator. That was the problem in Jones Day v. Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey, Mitchell Zuklie, 21-16642 (9th Cir.  […]

Stay: CCP Section 1281.4 Does Not Authorize Staying Litigation On Basis Of Pending Arbitration To Which Plaintiff Is Not A Party

August 1, 2022 · Arbitration: Stay

Under Proper Circumstances, A Stay Of The Action, Or An Arbitrable, Severable Issue, Would Have Been Mandatory.         Ann Leenay brought a PAGA action for various Labor Code violations against her former employer, Lowe's Home Centers, LLC. The trial court consolidated her action with five other actions. Lowe's moved to stay the six consolidated actions […]

Consumers, Employment, FAA: Second Dist. Div. 1 Holds CA Statutes Protecting Employee From “Procedural Limbo” In Arbitration Are Not Preempted By Federal Law

August 1, 2022 · Arbitration: Consumers, Arbitration: Employment, Arbitration: Federal Arbitration Act

Business That Dilly-Dally About Paying Arbitration Fees Face Consequences.         In a case of first impression, the California Court of Appeal asks whether California Code of Civil Procedure, §§ 1281.97, 1281.98, and 1281.99 are preempted by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Sunny Gallo v. Wood Ranch, USA, B311067 (2/1  7/25/22) […]

Arbitration, FAA: Federal Arbitration Act Applied To Intrastate Driver Who Worked For Paratransit Service For Persons With Disabilities

July 19, 2022 · Arbitration: Civil Rights, Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act

Federal Preemption Of California's Gentry Rule Means Class Action Waiver Can Be Enforced.         David Evenskaas, a driver, filed a wage and hour lawsuit against his employer, California Transit, Inc., which operates paratransit services for persons with disabilities in West and Central Los Angeles.  Evenskaas's employment agreement included a broad arbitration agreement with a class […]

Arbitration, Agency, Choice Of Law, Discovery: 9th Circuit Holds District Court Should Allow Discovery To Determine If Client Authorized Attorney To Agree To Arbitrate

July 5, 2022 · Arbitration: Agents, Arbitration: Choice of Law, Arbitration: Discovery

Factual Questions Existed As To Whether Lawyer's Client Authorized Agreement To Arbitrate.         Plaintiff Barbara Knapke sued PeopleConnect, the owner of Classmates.com, for allegedly making unauthorized use of her name and likeness. Before filing the lawsuit, Knapke's attorney Reilly logged in to the Classmates.com website, and in doing so, agreed to arbitrate. Did […]