The Neighbor Feud Had Gone On Since 2002. Wandering Elk, Dakota Indian, smokes peacepipe. c1903. Frank Bennett Fiske, photographer. Library of Congress. The Court of Appeals' reliance on the wisdom of a Croatian proverb offered a strong clue in the first sentence that the Court would enforce peace among feuding […]
The Unconscionable Provision Permitted Only The Defendant To Seek Equitable And Injunctive Relief In A Court Of Law. In Enyong v. Westlake Services, LLC et al., B275952 (2/5 4/24/17) (Kriegler, Baker, Dunning) (unpublished), the Court of Appeal concluded that an arbitration provision contained only one unconscionable term, which was severable. Therefore, it reversed […]
Equitable Estoppel And Agency Theories Required The Employee To Arbitrate With The Non-Signatory Company. I suspect that that the facts in our next case are far from unique. In Garcia v. Pexco, LLC, G052872 (4/3 4/24/17) (Ikola, Aronson, Thompson) (unpublished), plaintiff Garcia was hired by Real Time, a temporary staffing company, and assigned […]
Bon Ton Burlesquers. c1898. Library of Congress. The Court of Appeal applies a de novo standard of review to arbitrator disclosure issues (unless the trial court’s decision is based upon disputed facts, in which case a substantial evidence standard or review applies). In Mitchell Anthony Productions LLC v. Jennifer Hamilton, B269969 (2/5 4/12/17) […]
There Is A Connection To ADR . . . My review of Professor Catherine L. Fisk’s excellent new book, Writing for Hire: Unions, Hollywood and Madison Avenue (Harvard University Press 2016) appears in the latest volume of California Litigation: The Journal of the Litigation Section, State Bar of California (vol. 30, no. 1 2017), p. […]
Nor Is There Federal Arbitration Act Preemption. In a long-awaited and important decision, the California Supreme Court addresses the validity of a provision in a predispute arbitration agreement that waives the right to seek “public injunctive relief” as a statutory remedy in any forum. McGill v. Citibank, N.A., No. S224086 (Sup. Ct. 4/6/17). Reversing the […]
The The Wrinkle Here Is That The Prevailing Party Claimed She Did Not Need To Satisfy The Condition Precedent Because She Never Signed The Contract. Standard real estate purchase and sale agreements in California, e.g., California Association of Realtors forms, include a provision requiring mediation as a condition precedent that must be satisfied before a […]
Recommended Reading: Two Articles By Rebecca J. Callahan In The Orange County Lawyer Provide Helpful Tips For Drafting Arbitration Clauses. Mediator and arbitrator Rebecca J. Callahan is the author of two very clear and concise articles about drafting arbitration clauses. “Arbitration Clauses: Hot Questions and Cool Answers”, which appeared in Orange County Lawyer, February 2017 […]
As Arbitration Clauses Proliferate, So Too Do Motions Concerning Enforcement Of Those Clauses. I have not done a statistical study, but it is certainly my perception that in recent years there is more and more law and motion practice concerning the enforceability of arbitration clauses in California courts. First, the clauses have proliferated in contracts. […]
No Appeal From Order Denying Motion To Vacate Arbitration Award. The Court of Appeal dismissed an appeal without prejudice in Porter v. AG Arcadia, LLC, No. B276183 (2/5 2/28/17) (Turner, Kriegler, Kin) (unpublished). Defendants appealed from an order denying a motion to vacate an arbitration award. The problem? “No appeal may be taken from an […]