On The Difference Between A Final Award And An Interim Award Dismissing Claims But Leaving The Door Open For Additional Claims. In Ortiz v. Elmcrest Care Center, LLC, B330377 (2/3 pub. 11/7/24) (Egerton, Adams, Bershon), Ericka Ortiz, representing the Estate of Jose de Jesus Ortiz, sued Elmcrest Care Center and its staff, alleging elder […]
A Reference To "Dementia" Signals Where The Court Was Headed. Harold and Lucy West and their adult daughter Deon were approached by a salesperson from Elite Home Remodeling, Inc. regarding solar panel installation and bathroom renovation. Harold and Lucy, in their 90s and suffering from dementia, did not use email, computers, or mobile phones. […]
A Non-Binding Arbitrator's Decision Recommended Reinstatement Of Police Officer. . . The Court of Appeal Allowed The City Manager To Reject It. Former police officer Ramirez administratively appealed the decision of the City of Indio Police Department's decision to terminate his employment at the conclusion of the “Appeals Procedure” set forth in the Memorandum […]
But If One Of Two Simultaneous Offers Is Invalid, Section 998 Can Be Applied To The Remaining Section 998 Offer. Our next case, which does not involve mediation or arbitration, involves settlement. But since section 998 settlement offers can be made in both arbitration and litigation, our next case is worth considering. Gorobets v. […]
The Agreement Is With The Second District, Division 3. The Ending Forced Arbitration Of Sexual Assault and Sexual Harassment Act (EFAA) amended the Federal Arbitration Act by exempting claims of sexual assault and sexual harassment from forced arbitration. An issue that cases addressing the EFAA have faced is whether in a mixed case, involving […]
McGill Lives On When California Law Applies. In Kramer v. Coinbase, Inc., A167779 (1/3 pub. 10/4/24) (Petrou, Tucher, Fujisaki), plaintiffs filed a lawsuit against Coinbase, Inc. for public injunctive relief under California's Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law. Plaintiffs alleged Coinbase misrepresented the security of its platform, misleading the […]
The Case Clarifies How The EFAA Should Apply To Arbitrating Cases Stradling The Effective Date Of The EFAA, And To Mixed Cases Involving Sexual Harassment And Other Claims. Jane Doe brought claims of sexual harassment and related violations by her employer, The Huntley Hotel. The employer sought to compel arbitration. The court ruled that […]
An LPS Conservatorship Only Created Authority To Make Decisions Concerning Health Care And Treatment, Not Authority To Agree To Arbitration. Health care facilities are a fertile breeding ground for problems enforcing arbitration agreements. The problems usually stem from deciding who has authority to agree to arbitration, who has capacity, and whether the claims to […]
Waiver Results From Delaying Bringing Motion To Compel Arbitration Without Adequate Explanation. Britnee Campbell, a former employee of Sunshine Behavioral Health, LLC, filed a class action lawsuit in May 2022 for wage and hour violations. Sunshine entered into litigation and mediation discussions, without mentioning an arbitration agreement allegedly signed by Campbell. In November 2022, […]
One More Opinion Rejects Reasoning In Felisilda. In Rivera et al. v. Superior Court of Ventura County, B334522 (2/6 9/23/24) (Gilbert, P.J.) petitioners Rivera and Espinosa sued Ford Motor Company under California's Song-Beverly Consumer Warranty Act (the "lemon law") after their Ford F-250 truck experienced repeated mechanical issues. They also included Ford of Ventura, […]