Author: calmediation

References, Confidentiality: Law Firm May Be Disqualified If It Substitutes Into Case In Which One Of Its Attorneys Participated As A Court Appointed Settlement Officer

June 27, 2015 · Mediation: Confidentiality, References

The Disqualification Outcome Hinges On Whether The Attorney-Settlement Officer Received Confidential Information Bird’s-eye view of the Great Wall of China. Jean E. Norwood, photographer. 1979. Library of Congress. Attorney Banuelos participated as a settlement officer on a “CRASH” panel mediating an employee-employer dispute in Los Angeles Superior Court. “CRASH” stands for “Civil Referee […]

PAGA: Second District, Div. 4 Holds PAGA Cause Of Action Cannot Be Split Into An Arbitrable Individual Claim And A Nonarbitrable Representative Claim

June 23, 2015 · Arbitration: PAGA

The Waiver Of A Right To Assert PAGA Claim In Any Forum Is Unenforceable And The Claim Cannot Be Split. Iskanian v. CLS Transportation Los Angeles, LLC is still binding precedent, and an employee cannot be required to waive a representative PAGA claim in any forum. But can an employee, who asserts a representative […]

Waiver: Court Erred In Finding Waiver, “Because Plaintiff Demonstrated No Prejudice From Defendants’ Delay In Moving To Compel Arbitration”

June 9, 2015 · Arbitration: Waiver

14-Month Period From Filing Of Original Complaint To Filing Of Motion To Compel Is Insufficient To Support Waiver, Absent Showing Of Prejudice Khalatian v. Prime Time Shuttle, Inc., Case No. B255945 (2/8 June 9, 2015) (Grimes, author; Bigelow concurring, Flier concurring and dissenting) (published) nicely bookends our penultimate post on Oregel v. PacPizza, about […]

Waiver: First District Affirms Order Denying Petition To Compel Arbitration – Appellant, Who Took 25 Depositions, Waived Right To Arbitrate

June 6, 2015 · Arbitration: Waiver

“Less-Than-Candid ‘Chronology of Pertinent Events Underlying Appeal’” Chafes Court. In Oregel v. PacPizza (1/2 June 1, 2015) (Richman, Kline, Stewart) (published), the Court of Appeal had no trouble affirming the superior court’s order denying Appellant PacPizza’s petition to compel arbitration. More than enough evidence of a high level of litigation activity inconsistent with arbitration […]

Public Policy And Florida Choice Of Law Result In Affirmance Of Order Partially Denying Defendant’s Motion To Compel Arbitration

May 30, 2015 · Arbitration: Choice of Law, Arbitration: Public Policy, Arbitration: Scope

Arbitration of Unlawful Group Boycott Claim Under California Cartwright Act Was The Juicy Florida Choice Of Law Law Issue. HCF Insurance Agency v. Patriot Underwriters, Inc., Case No. B257715 (2/5 May 27, 2015) (unpublished) involved a dispute between plaintiff insurance broker, and defendant program administrator/underwriter, partially governed by an arbitration clause. The Court […]

Arbitration, Civil Rights: Ninth Circuit Rules Employer Can Expressly Require Arbitration Of Title VII Claims

May 13, 2015 · Arbitration: Civil Rights

1991 Amendment To Title VII Facilitates Waiver Of Statutory Remedies In Favor Of Arbitration “Before 1991, ‘Title VII had been interpreted to prohibit any waiver of its statutory remedies in favor of arbitration. Prudential Ins. Co. of Am. v. Lai, 42 F.3d 1299, 1304 (9th Cir. 1994). But Congress reversed course with amendments to […]

Miscellaneous: Natalie Portman To Play RBG

May 11, 2015 · Miscellaneous

From Queen Padmé Amidala To Ruth Bader Ginsburg . . . Every now and then we get the irresistible urge to blog about something that has nothing whatsoever to do with mediation and arbitration. Today, the “off topic” item comes from Amy Howe’s Monday round up on SCOTUSblog, reporting Natalie Portman is about to […]

Arbitration, Construction of Agreement, Scope: Law Firm’s Efforts To Compel Arbitration Of Malpractice Claim Are Doomed By Arbitration Provision That Did Not Clearly Encompass Earlier Transactional Work

April 28, 2015 · Arbitration: Construction of Agreement, Arbitration: Scope

Arbitration Provision Clearly Applied To Litigation, But Not To Earlier Transactional Work. Nordman Cormany Hair & Compton, formerly in business for 75 years in Ventura County, appealed an order denying its petition to compel arbitration of a legal malpractice lawsuit. Aggeler v. Nordman Cormany Hair & Compton, B253566 (2/6 April 27, 2015) (Gilbert, Yegan, […]

Arbitration, Scope, Nonsignatories, Agents: Broadly Worded Arbitration Clause Not Broad Enough To Include Labor Code Claims

April 26, 2015 · Arbitration: Agents, Arbitration: Employment, Arbitration: Nonsignatories, Arbitration: Scope

But Court Of Appeal Does Reject Arguments That Nonsignatories Lacked Standing And That They Waived Right To Compel Arbitration – Before Addressing “Crucial Issue Of Scope In Williams v. Digius, et al., D064183 (4/1 April 24, 2015) (McDonald, McConnell, Haller) (unpublished), the Court of Appeal agreed with appellants, who had not signed an arbitration […]

Arbitration, Vacatur: Death Of Party Arbitrator Provided No Basis For Panel To Continue Arbitration Hearing Date Given Party’s “Total Noncompliance With The Governing Rules And Procedures”

April 21, 2015 · Arbitration: Arbitrator, Arbitration: Section 1286.2 Vacatur

Court Shows No Sympathy For Circumstance Of Defendant/Appellant Whose Party Arbitrator Died. Here, the arbitration panel proceeded with arbitration after the death of defendant/appellant Mitchell’s party arbitrator, refusing to continue the hearing to permit Mitchell to select another party arbitrator. That sounds pretty harsh, but read on: “As troublesome as this circumstance may appear […]