Hernandez v. Ross Stores Lines Up With Other California Cases Refusing To Split PAGA Claims Into Arbitrable And Non-Arbitrable Parts. In Hernandez v. Ross Stores, Inc., No. E064026 (4/2 12/7/16) (Miller, Hollenhorst, Slough) (unpublished), the Court of Appeal upholds the trial court’s denial of an employer’s motion to compel arbitration of whether an employee […]
Court Describes Appeal As “A Tempest In A Teapot.” Teapot with cherry or plum blossoms. Between 1750 and 1850. Library of Congress. California has a convenient procedure for enforcing settlement agreements: Code of Civil Procedure, section 664.6. This allows a court to retain jurisdiction of a dismissed case for the purpose of enforcing […]
NYT Article Describes Bank’s Use Of Arbitration With Customers Complaining About Creation Of Sham Accounts. Above: Wells, Fargo & Co.'s Express Office, C Street, Virginia City. 1866. Library of Congress. The NYT, which ran a series of articles in 2015 critical about the spread of arbitration, has published an article dated December […]
It’s Not Exactly The Same As Skipping Mediation In A Home Sale Purchase In California . . . . California courts have established that the consequence of not requesting mediation before suing for breach of a California Association of Realtor’s residential purchase agreement is that the plaintiff will not recover attorney’s fees even if […]
Absence Of A Record Was A Major Problem For Appellant. Law Offices of Mark Waecker, APC v. Pius Kim, B268212 (2/5 12/1/16) (Turner, Kriegler, Kumar) (unpublished) illustrates the proposition that an arbitrator’s decision is generally not reviewable for factual or legal errors. Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992). Therefore, the Court […]
Acknowledgment Of Employee Handbook Is Not Necessarily Agreement To All Its Contents. Courts apply the rule requiring resolution of ambiguities against the drafting party “with peculiar force in the case of a contract of adhesion.” That’s what happened in Rollins v. Stack & Associates, CPAs, No. D069390 (4/1 11/30/16) (Nares, Benke, Huffman) (unpublished), in […]
Dealer Wanted To Go To Three-Arbitrator Panel After Receiving Adverse Arbitration Award, And Everyone Agreed That ADR Arbitral Forum Lacked “Appellate” Rules. So? Plenty of arbitration disputes arise from arbitration clauses in auto sales contracts and leases – hence our sidebar category, “Automobiles.”. Here’s an unusual one, based on fairly common arbitration provisions. Condon […]
Employer Sought To Distinguish Its Case Based On Specific Language Of Arbitration Clause . . . No Go. Williams v. Superior Court, 237 Cal.App.4th 642 (2015) recognizes that a representative action waiver of a PAGA claim is ineffective because the PAGA claim is not divisible into separate individual and representative claims. Because a representative […]
Mediation Of Dispute Between Brothers Drew Our Attention To This Case. Jogani v. Jogani, B268162 (2/1 11/25/16, mod. 11/28/16) (Chaney, Rothschild, Johnson) (unpublished) is about attorney disqualification and conflicts. The underlying dispute among the Jogani brothers appears to have been sliding up and down the California courts for fifteen years, involving a number of […]
There Is No Absolute Bar To Discovery Of Information Designated Confidential In A Settlement Agreement. In 2007, Younan Properties entered into a settlement agreement with its CFO Thompson requiring confidentiality. Thompson had claimed that Younan Properties had engaged in unfair business practices, and wrongfully discharged him. In 2014, investors sued Younan Properties for fraud […]