Author: calmediation

Arbitration, Fees: Challenges To Arbitrator’s $4M Attorney Fee Award Are Unsuccessful

September 18, 2017 · Arbitration: Fees, Arbitration: Jurisdiction

Attorney Charged Discounted Rate, Delayed Collection, And Accepted Hybrid Free Structure Due To Client's Limited Cash. Attorney James D. Daily helped the Stueve Brothers Farms, LLC (Stueve) recover some $20M in property. Stueve and others (Claimants) then sought to arbitrate their fee dispute with Daily. After the arbitrator awarded Daily $1.35 in hourly fees, and […]

Appealability/Standard Of Review: Appellant Waived Judicial And Appellate Review Of Fee Award By Failing To Raise Objections In Arbitration And In Superior Court

September 18, 2017 · Arbitration: Appealability, Arbitration: Standard of Review

Plus The Court Of Appeal could Not Review Merits Of The Dispute, Which Included Legal And Factual Bases Of The Arbitrator's Award. After William Schwartz arbitrated with Joel Schwartz, the arbitrator declared William the prevailing party and awarded William $264,559.89 in fees and costs. The Superior Court confirmed the award, and Joel timely […]

Mediation Confidentiality: 4/1 CCA Holds That Mediator’s Purported Threat To Tell Judge Plaintiffs Were Reason Case Did Not Settle Is Covered By Mediation Privilege

September 15, 2017 · Mediation: Confidentiality

The Case, Though Unpublished, Is Timely, With California Law Revision Commission Considering Changes In Mediation Confidentiality. Chodosh v. Trotter, et al., D070952 & D070953 (4/1 9/13/17) (Benke, Haller, Dato) (unpublished) offers us a veritable mini-treatise on the mediation confidentiality privilege — most timely, given ongoing efforts by the California Law Revision […]

Agreement To Arbitrate: 4/2 CCA Holds Agreement To Arbitrate Is Not Void Just Because Employee Is Unfamiliar With English Language

September 12, 2017 · Arbitration: Existence of Agreement, Arbitration: Unconscionability

Employee Did Not Ask For A Translation. Plaintiff Zaragoza filed a wage and hour class action against her employer, and the employer moved, successfully, to compel arbitration. Zaragoza appealed, arguing the arbitration agreement was void and obtained by fraud because she could not read English. Zaragoza v. Sela Healthcare, Inc., E065373 (4/2 9/11/17) (Codrington, […]

Construction Of Arbitration Agreement: Ninth Circuit Holds That Agreement To Arbitrate Employment-Related Claims Does Not Include Qui Tam Action Against Employer

September 11, 2017 · Arbitration: Construction of Agreement

Court Ducks Ruling On The Enforceability Of Agreement To Arbitrate False Claims Claims, Saying It Is Only Ruling "On A Rather Unremarkable Textual Analysis." An interesting issue exists as to whether qui tam claims, brought by a private party (the "relator" or "private attorney general") are arbitrable. The argument against arbitrability is that […]

Settlement Agreements: 4/2 CCA Holds Trial Court Can Grant Equitable Remedies In Motion Brought Under CCP Section 664.6 To Enforce Settlement Agreement

September 8, 2017 · Settlement Agreements

Trial Court Erred By Ruling It Could Not Grant Equitable Remedies In Motion Under Section 664.6. Plaintiff Mathis settled with defendants by agreeing to purchase property from defendants for $1M, with escrow to close in 120 days. The trial court dismissed the underlying case, while retaining jurisdiction under that convenient device, Cal. Code of […]

Arbitration, Gateway Issues, Delegation: 2/7 CCA Reverses Trial Court’s Order Denying Petition To Compel Arbitration Because Incorporated AAA Rules Delegated The Decision To The Arbitrator

September 6, 2017 · Arbitration: Delegation, Arbitration: Gateway Issues

Sixteen Page Majority Decision Draws Fifteen Page Concurrence And Dissent From Justice Segal. If an agreement to arbitrate is unconscionable, why should decisions about arbitrability ever be sent to the arbitrator? Answer: ordinarily, it is presumed that decisions about arbitrability are to be made by the judge, and therefore a determination that the […]

Arbitration, Appealability, Nonsignatories: 9th Circuit Grants Writ, Vacates Order Granting Motion To Stay And To Compel Arbitration Obtained By Alleged Zombie Cookie User

September 5, 2017 · Arbitration: Appealability, Arbitration: Nonsignatories, Arbitration: Stay

How Do You Like Them Zombie Cookies? "I walked with a Zombie." 1943. The Ninth Circuit granted a petition for a writ of mandamus and vacated the district court's order that had granted Turn, Inc.'s motion to stay a putative class action and compel arbitration with Turn, Inc., the alleged user of "zombie" cookies. […]

Arbitration, Class, Waiver, Collective Bargaining: 2/7 CCA Affirms Part Of Order Requiring Arbitration, Grants Part To Deny Arbitration Of Statutory Claims To Pay Wages Timely And For Unlawful Competition, Agrees Class Action Waived

September 4, 2017 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Waiver

Arbitration Was Required Under A Collective Bargaining Agreement That Did Not Provide For Class Arbitration. Brushing aside thorny appealability issues, Cortez v. Doty Bros. Equipment Company, B275255 (2/7 filed 8/15, pub. order 9/1/17) (Perluss, Zelon, Segal) treated an employee's appeal as a writ of mandate, enabling the Court to address the effect of […]

Arbitration/Confidentiality: Is Arbitration Confidential?

August 31, 2017 · Arbitration: Confidentiality

My Article, "Confidentiality in Arbitration" Is In The Latest Issue of California Litigation And Available Through This Post. My article on "Confidentiality in Arbitration" and an accompanying MCLE test are published in California Litigation, The Journal of the Litigation Section, State Bar of California, Vol. 30, No. 2 (2017), p. 6. With the permission of […]