California Mediation and Arbitration

Author: calmediation

Arbitration, Vacatur: Mistake Of Law Or Fact Does Not Provide Basis For Vacating Arbitration Award Finding Existence Of Oral Agreement To List Real Property For Sale.

August 2, 2017 · Arbitration: Section 1286.2 Vacatur

Even If Oral Listing Agreements Are Generally Forbidden, The Court Adds That The Receipt Of Confidential Information And A Fiduciary Relationship Support The Result.         Plaintiff Kalo sued defendant Alam for breach of an oral listing agreement to sell real property, fraud, and breach of fiduciary duty.  Kalo alleged that Alam, who was originally retained as […]

Arbitration, Enforceability, Consumers, Existence Of Agreement, Nonsignatories: Assignee Of Credit Card Account Agreement Could Enforce Arbitraiton Provision Against Credit Card Holder

August 2, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Existence Of Agreement Was Established With Affidavit Of A Person With First-Hand Knowledge Of Procedures. Early Example Of Credit Card.         Plaintiff Yenko filed a putative class action lawsuit against Crown Asset Management, LLC, a debt buyer that purchased plaintiff's alleged charged-off credit card debt.  The trial court held that Crown, as the assignee of […]

Arbitration, Section 1295: Fourth District, Div. 1 Holds That Arbitration Agreement In Medical Service Contract Is Effective On Execution

August 1, 2017 · Arbitration: Section 1295 (Medical Malpractice)

Justice Huffman Dissents.         Baker v. Italian Maple Holdings, LLC, D069797 (4/1  7/31/17) (Aaron, O'Rourke; Huffman, dissenting), an elder abuse, negligence, wrongful death case, holds that a medical services agreement becomes effective upon execution, and that the 30-day "cooling off" period in Cal. Code of Civ. Proc. section 1295 is not a condition precedent to […]

Arbitration, Appealability: Was The Judgment Appealable, And If Not, Could It Be Reviewed By Writ? The Parties Answer Yes, Yes. The Court Of Appeal Answers No, No.

August 1, 2017 · Arbitration: Appealability

Partial Final Award Here Was Not A Final Award.          When I read, "[a]fter a rather convoluted multi-year path, the parties agreed to arbitration in lieu of the superior court litigation," I had a queasy feeling that the parties are not at the end of that path.  Nor were my expectations disappointed in Kaiser Foundation […]

Arbitration, Consumers, Delegation, Gateway Issues, Unconscionability: Fifth District Vacates Parts Of Trial Court Order About Unconscionability And Arbitrability, And Upholds Delegation Clause Sending Consumer Dispute To JAMS Arbitrator

July 27, 2017 · Arbitration: Consumers, Arbitration: Delegation, Arbitration: Gateway Issues, Arbitration: Rules

Enforceable Delegation Provision Means The Buck Does Not Stop With Court, But Gets Passed To Arbitrator.         Aanderud v. Superior Court (Vivint Solar Developer, LLC, Real Party In Interest), F073277 (5th Dist.  7/26/17) (Gomes, Hill, Meehan), is worth reading for its analysis of how a delegation provision is applied to a consumer arbitration, where the […]

Choice Of Law, Employment, Unconscionability: Concluding That Arbitration Agreement Was Not Unconscionable Under Alabama Law, Third District Reverses Trial Court’s Order Denying Employer’s Petition To Compel Former Employees To Arbitrate

July 26, 2017 · Arbitration: Choice of Law, Arbitration: Employment, Arbitration: Unconscionability

Arbitration Agreement Included Alabama Choice Of Law Provision. Alabama State Flag.         When former employees, who were hired as temporary claim adjusters, sued the insurance company that had hired them in a class action complaint alleging various employment violations, the California trial court agreed that the arbitration agreement was unconscionable.  Analyzing the trial court's order under […]

Arbitration, Delegation, Class Action: Fourth District, Div. 3 Holds Arbitrator Must Decide Class Action Question Based On Language Of The Arbitration Agreement

July 23, 2017 · Arbitration: Class, Arbitration: Delegation

In California, There Is No Universal Rule That Arbitrator Or Court Decides Whether A Class Action Can Be Arbitrated — It Depends On The Agreement.         The United States Supreme Court has held that a party may not be compelled to submit to class arbitration unless there is an express contractual basis for  concluding the  […]

Mediation/Family Law:Pro Per Father Was Given Fair Opportunity To Oppose Mother’s Request For A Move-Away Order, Despite Feeling Ambushed By Mediator’s Decision To Discuss The Issue

July 20, 2017 · Mediation: Family Law

Under The Circumstances, The Mediator's Decision To Discuss The Mother's Move-Away Request Was "Understandable".         In family law, disputes are often resolved through mediation.  In Alkebulan v. Dunham, D069434 (4/1  7/20/17) (Benke, O'Rourke, Dato) (unpublished), father, who was unrepresented by counsel, felt blind-sided when mother raised the issue of a move-away order with their year-old […]