Author: calmediation

Arbitration, Mediation, Confidentiality: Statements Of Director, Who Had Served As Mediator And Arbitrator, Are Admissible In Evidence

July 26, 2019 · Arbitration: Confidentiality, Mediation: Confidentiality

Trial Judge Parsed Declaration To Determine Whether Statements Were Made By Judge DickranTevrizian (Ret.) In Capacity As Mediator, Arbitrator, Or Director. When an opinion begins, "Leo Tolstoy famously observed that every unhappy family is unhappy in its own way," you can be sure that you are in for a dismal tale. And the reader's […]

Arbitration, Agency, Enforceability, Section 1281.2: Nursing Facility Is Unable To Enforce Arbitration Provision Because Children’s Claims Were Not Subject To Arbitration

July 25, 2019 · Arbitration: Agents, Arbitration: Enforceability, Arbitration: Section 1281.2

And Prospect Of Inconsistent Results Meant Father's Claims Could Not Be Arbitrated While Children's Claims Were Litigated. Nursing homes continue to be a fertile source of cases concerning the enforcement of arbitration clauses. This is not surprising, because a patient, especially an elderly patient, who enters a nursing facility may be infirm or incompetent; […]

Miscellaneous: Gone On A Trip . . . Back Again

July 19, 2019 · Miscellaneous

We Took A Break From Blogging . . . I have been absent for a couple of weeks, during which time I traveled to Italy for a family wedding. Fortunately, there has been a dearth of California opinions on mediation and arbitration during my absence. Here are two photos from my trip: Monterosso […]

Arbitrator, Confidentiality, Disclosures, Discovery, Unconscionability: Former Employee Advanced No Meritorious Reasons For Why An Employment Agreement Was Unconscionable

July 17, 2019 · Arbitration: Arbitrator, Arbitration: Confidentiality, Arbitration: Disclosures, Arbitration: Discovery, Arbitration: Unconscionability

Also, Arbitrator’s Religious Affiliation Is No Reason For Disqualification, With Jewish Affiliation Not Showing Any Inherent Bias Against Homosexuals. Bogue v. Anesthesia Service Medical Group, Inc., Case No. D073518 (4th Dist., Div. 1 July 17, 2019) (unpublished) (McConnell, P.J.; Benke, J.; and Irion, J.) is a case where a former employee lost an arbitration […]

Arbitration, FAA: Ninth Circuit Holds Federal Arbitration Act Does Not Preempt California’s McGill Rule

June 28, 2019 · Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Severability

McGill v. Citibank Held Agreement To Waive Right To Seek Public Injunctive Relief Is Unenforceable. In McGill v. Citibank, N.A. (2017), the California Supreme Court held that a contract purporting to waive a party's right to seek public injunctive relief in any forum is unenforceable under California law. The key issue in Blair […]

Miscellaneous: We’ve Got Two Recent Articles In The Daily Journal

June 25, 2019 · Miscellaneous, Reviews

Justice Bedsworth On Civility; SCOTUS On The Takings Clause. I've published two recent articles that have nothing to do with California Mediation and Arbitration. The June 18, 2019 Daily Journal published my article, "4th District Court of Appeal Justice William Bedsworth on civility." Justice Bedsworth wrote an opinion worth reading, Lasalle […]

Mediation, Condition Precedent: Mediation Is Not A Condition Precedent To A Fee Award Where Parties Merely “Pledge” To Resolve Disputes Amicably Without Litigation

June 17, 2019 · Mediation: Condition Precedent

The Court Distinguishes Mandatory Mediation Language Of Frei v. Davey. We sometimes supplement our diet of published cases with unpublished cases — especially for mediation decisions, which are few in supply compared to arbitration decisions. Ocean Tomo, LLC v. PatentRatings, LLC v. Patent Ratings, LLC, G055429 (consol. with G056063, G056829) (4/3 6/13/19) (Fybel, Aronson, Thompson) […]

Arbitration, Internet Commerce: 9th Circuit Tests Limits Of “Reasonably Conspicuous” Provision In Internet Commerce Adhesion Contract

June 17, 2019 · Arbitration: Burden of Proof, Arbitration: Existence of Agreement, Arbitration: Internet Commerce, Arbitration: Standard of Review

Plaintiff Had To Jump Through Hoops To Get To Arbitration Clause. For our next case, we add a new sidebar category: "Arbitration: Internet Commerce." "This case tests the outer limits of what constitutes a 'reasonably conspicuous' provision as part of the terms of usage so prevalent in the adhesion contracts of modern internet commerce," […]

Arbitration, Waiver: Employer Waived Right To Compel Arbitration Under A Collective Bargaining Agreement

June 17, 2019 · Arbitration: Collective Bargaining, Arbitration: Waiver

Trial Court's Ruling That Delay And Prejudice Resulted In Waiver Is Affirmed. Nunez v. Nevell Group, Inc., G056585 (4/3 5/2/19) (Fybel, Bedsworth, Goethals), addresses an employer's waiver of right to compel arbitration of violations of a wage order under a Collective Bargaining Agreement. The Court affirms the trial court's order denying the […]