Arbitration Agreement Had Signature With Employee's Name, But Employer Failed To Carry Burden Of Authentication. Tropicale appealed the denial of its motion to compel arbitration against employee Garcia. Ana Garcia v. Tropicale Foods, Inc., E069024 (4/2 1/22/19) (Raphael, Miller, Slough) (not certified for publication). The issue was whether Tropicale failed to prove by […]
Landlord Wanted To Reset Rent From $9,488 Per Month To $26,000 Per Month . . . Commercial leases commonly provide a mechanism for resetting the rent. Ten days after Selective purchased property for $3,425,00, subject to Goodrich's long-term commercial ground lease, Selective sought to increase the rent by $16,512 per month, based on […]
In Its Discretion, Court May Determine That A Voluntary Mediation Was Reasonably Necessary To The Conduct Of The Mediation. "Mediation costs are not listed among the costs that are expressly allowable or expressly not allowable. (Code Civ. Proc., section 1033.5, subds. (a), (b).)" Berkeley Cement, Inc., v. Regents of the University of California, F073455, […]
This Is One Of Those Rare Cases In Which A Delegation Clause Is Not Enforced. Generally, a court will decide arbitrability of a dispute unless that issue is clearly and unmistakably delegated to an arbitrator, as was the case here. But there are exceptions, and New Prime Inc. v. Oliveira (S. Ct. 1/15/19) […]
First SCOTUS Opinion Authored By Justice Kavanaugh Is Unanimous. "Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court will resolve disputes arising out of the contract." The question presented in Henry Schein, Inc., et al. v. Archer and White Sales, Inc., No. 17-1272 (S. […]
Marc's Review Of Richard L. Hasen's The Justice of Contradictions: Antonin Scalia and the Politics of Disruption, Has Been Published in California Litigation. With the permission of California Litigation, the journal of the litigation section of the California Lawyers Association, Marc's review of Prof. Richard L. Hasen's book, The Justice of Contradictions: Antonin […]
Staffing Agency Signed Arbitration Agreement, Packing Employer Did Not Sign. Packing fresh prunes at night on Produce Row during busy season, wages two cents per box. Washington, Yakima. Dorothea Lange, photographer. August 1939. Library of Congress. Plaintiffs/Respondents Vasquez and Zacarias […]
And Employees' Claims Were Not Preempted By Labor Management Relations Act, 1947 (LMRA). In three consolidated appeals, the Court of Appeal affirms orders denying the employer's motions to compel arbitration. Rymel v. Save Mart Supermarkets, Inc., and related cases, C085863, C085865, C085886 (3rd Dist. 12/31/18) (Duarte, Murray, Hoch). The employees sued […]
Opinion Clarifies How To Perform Calculation. In Stevens v. Jiffy Lube, No. 17-15965 (9th Cir. 12/27/18) (McKeown, Fletcher, Bybee), the panel affirms the district court's denial of a petition to vacate an arbitration award, on the grounds that the petition was one day late. In doing so, it clarifies how to calculate the […]
Court Chastises Plaintiff's Counsel And Neutral Arbitrator. The Court of Appeal expresses displeasure with "unfortunate conduct" by plaintiff's counsel and the neutral arbitrator. The conduct included "omissions of key facts and misrepresentations . . . that would allow us to deem plaintiff's challenges as forfeited," and testimony by the "neutral arbitrator" in the superior […]