The Holding Fills A Gap In California Law. Los Angeles Unified School District v. Safety National Casualty Corporation, B275597 (2/8 7/12/17) (Grimes, Bigelow, Sortino) addresses a problem that can bedevil litigators when a party seeks to use California Code of Civil Procedure section 1281.2 to thwart arbitration. Section 1281.2 allows a court to deny a […]
Ninth Circuit Joins Second And First Circuits. In Portland General Electric Company v. Liberty Mutual Insurance Company, et al., No 16-35628 (9th Cir. 7/10/17) an opinion authored by Senior District Judge Jed S. Rakoff, the 9th Circuit joins the 2nd and 1st Circuits to conclude that "incorporation of the rules of the ICC [International […]
A Hypothetical Question: What If Confidential Information That Could Be The Basis For Disqualifying An Attorney Is Obtained Through Mediation? Gobar v. Gong, D070876 (4/1 6/26/17) (Huffman, Benke, Haller) (unpublished) involves unsuccessful efforts by defendant Gong to disqualify plaintiff Gobar's attorney who earlier represented a law firm seeking to collect a money judgment from […]
The Issue: Do Employee Agreements To Waive Class Actions And Arbitrate Violate The Right Of Employees To Engage In Collective Action Under The National Labor Relations Act? Amy Howe reports on June 19, 2017, in SCOTUSBlog, that the Office of the Solicitor General, after the change of administration, has done a volte-face in a […]
Trial Court And Court Of Appeal Agreed That The Residential Care Facility For The Elderly Provided Health Care. Hutcheson v. Eskalon Fountainwood Lodge, C074846 (3rd Dist. 6/14/17) (Nicholson, Mauro, Duarte), is one of many cases in which a care facility for the elderly seeks to enforce an arbitration provision after an elderly person in […]
The Case Is Heimlich v. Shivji, Case No. H042641 (6th Dist. May 31, 2017). Ordinarily, a prevailing party's request for fees and costs in an arbitration is presented to the arbitrator, before an award is rendered, unless the arbitrator and the parties agree to address fees and costs after an interim award is […]
Three Photos From The Blogger's Travels. My astute readers will have noticed that I slacked off a bit in May. I traveled to Petra in Jordan, to Israel, and to Spain. Here are three photos from my travels. In front of Petra's Treasury (Al-Khazneh) in Jordan. View of Baha'i Gardens, Haifa, Israel. […]
Must Reading For Home Sellers, Brokers And Service Providers Who Want To Understand Their Obligations To Arbitrate. Home sellers sign Residential Listing Agreements (RLAs) with their brokers, and Residential Purchase Agreements (RPAs) with their buyers. Both RLAs and RPAs constantly undergo drafting revisions in California. And both types of standard agreements include arbitration […]
Courts Like To Conserve Judicial Resources. In Chango Coffee, Inc. v. Applied Underwriters, Inc., B267358 (2/3 5/26/17) (Johnson (Michael), Edmon, Aldrich), the trial court denied a renewed motion brought by defendant to compel arbitration of a complaint brought by Chango Coffee, Inc. Defendant appealed the order denying a renewed petition brought under Cal. […]
This Case Annulled Workers' Compensation Appeals Board Decision Because Rescission Issue Remained "Factually Open And Unresolved" By Arbitrator. I posted to this blog about Southern Insurance Company v. Workers' Compensation Appeals Board, et al., B278412 (2/2 5/10/17) (Chavez, Hoffstadt, Goodman) on May 16, 2017, at which time the case was unpublished. I can now […]