Employer Ross Stores, Inc. Had Argued That Law Of The Case Required Trial Judge To Order PAGA Claim To Arbitration. In Ross Stores, Inc. v. Superior Court (Rachel Goss, Real Party), A150039 (1/1 12/11/17) (Banke, Margulies, Dondero) (unpublished), the Court of Appeal addressed circumstances in which it had earlier required the arbitrability of […]
JAMS Clause Delegating Validity Issue To Arbitrator Was Not Clear and Unmistakable Delegation Of Legality Issue. Who decides whether an arbitration agreement is part of an enforceable legal services agreement, the judge or the arbitrator? That was the issue addressed by the Hon. Harold E. Kahn in an "Order Denying Defendants' Petition for […]
Court Of Appeal Rejects Third-Party Beneficiary, Agency, And Judicial Estoppel Arguments Made By U-Haul. Unable to find "any authority addressing precisely analogous circumstances," the Court of Appeal decides a case of first impression in Jensen v. U-Haul Co. of California, E065887 (4/2 12/11/17) (Codrington, McKinster, Slough). The case involves "an attempt to enforce […]
Does The Federal Arbitration Act Implicate "State Action"? "No" is the short answer. However, read on if you want to know about the novel argument made by consumer plaintiffs in Roberts v. AT&T Mobility, No. 16-16915 (9th Cir. 12/11/17) (Tallman, Hawkins, Fletcher). In Roberts, AT&T moved to compel arbitration against putative […]
This Case Is For Grammar Afficionados; Or, What A Difference A Comma Makes. Only and exclusive photo of the Vestris as it went down. Fred Hansen, photographer, active 1928. Library of Congress. Mr. Yang, a seaman, died when the fishing vessel he worked on sank because of inadequate repairs and […]
Defendant Seeking To Compel Arbitration Had Argued That Claim To Be Submitted To Arbitration Accrued Before Rule Changed. This case presents a somewhat unusual situation, in that the Court of Appeal had to construe an arbitration agreement that was not directly between the parties. Instead, the parties independently agreed to participate in an […]
If You Want The Court To Retain Jurisdiction, Ask The Court. "This case offers an object lesson on the requirements to invoke section 664.6 and the consequences of failure to comply with those requirements." Sayta v. Chu, A148823 (1/5 11/29/17) (Bruiniers, Jones, Simons). Plaintiff/Apppellant Sayta settled a tenant dispute with the […]
Deficient Power Of Attorney Was Used For Making Decisions Relating To Health Care. Hutcheson v. Eskaton Fountainwood Lodge, C074846 (3rd Dist. 11/28/17) has been ordered filed on rehearing. We posted earlier about this case on June 15, 2017. The case held that a residential facility for care of the elderly could not enforce an […]
Compulsory Interest Arbitration Withstands Challenges That It Is Unconstitutional And An Improper Delegation Of Legislative Authority. In 2002, California enacted "Mandatory Mediation and Conciliation" (MMC) provisions to facilitate negotiating and completing collective bargaining agreements between agricultural employees and growers. As the label MMC suggests, it is an unusual scheme, since "mandatory" and "mediation" […]
When Is An Agreement To Arbitrate A PAGA Claim Predispute Or Postdispute? Let me begin with what I believe is the punchline of our next case: "[T]he classification of an agreement as 'predispute' or 'post dispute' must be made by reference to the point at which an individual employee acquires the status of […]