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dismissed an appeal without prejudice in Porter v. AG Arcadia, LLC, No. B276183 (2/5 2/28/17) (Turner, Kriegler, Kin) (unpublished).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 […]
A Variety Of Articles Discuss Mediation And Arbitration In March 20, 2017 Special Report. A March 20, 2016 Special Report of The New York Law Journal covers diverse topics including collaborative divorce, a proposed New York rule that might make arbitration “truly confidential”, diversity in ADR, solving interpersonal problems in mediation, preparing for successful mediation, […]
Vacating The Award Would Have Required That The Arbitrator Be Actually Aware Of A Ground For Disqualification That The Arbitrator Did Not Disclose. ECC Capital, a former client of Manatt, Phelps & Phillips, LLP (Manatt) appealed from a superior court judgment confirming a final arbitration award of almost $7M against ECC and its subsidiary, […]
The Employee Brought A Single Cause Of Action For PAGA Violations. At first blush, Betancourt v. Prudential Overall Supply, E064326 (4/2 March 3, 2017) (Miller, Ramirez, McKinster), another opinion holding that PAGA claims cannot be arbitrated (more about the holding), is unremarkable. However, there are interesting points in the case that help explain why it […]
Reaching A Result Justice Scalia Would Have Approved By Means He Would Not Have Approved? Edith Roberts is the author of a very interesting March 6, 2017 post in Scotusblog about an otherwise bone dry topic, entitled, “Judge Gorsuch’s arbitration jurisprudence.” Our takeaway: “[A] look at the arbitration rulings Gorsuch has made [on the […]
A Modest Proposal That Mediation May Be The Best Way To Tackle Disputes Among Clients Who Are Jointly Represented. In the latest issue of Orange County Lawyer (March 2017, Vol. 59, No. 3, p. 46), the publication of the Orange County Bar Association, I have written an article entitled, "Mediating Disputes Among Clients." […]
Case Is A Reminder That Ordinary Constitutional Guarantees Of Due Process Do Not Automatically Exist In Private Arbitration. The Court of Appeal's summary of the facts in our next case provides a clear sign that it is headed towards a reversal – the interesting part is how it arrives at its destination. Defendant/appellant Stephen Kaplan […]