Author: calmediation

Arbitration: Deadlines, Waiver, Scope, Employment, Enforceability, FINRA, Arbitrability — An Assortment Of Recent (Unpublished) Arbitration Cases And Issues

March 31, 2015 · Arbitration: Deadlines, Arbitration: Employment, Arbitration: Enforceability, Arbitration: FINRA, Arbitration: Scope, Arbitration: Waiver

Deadlines: Lombard Knight v. Rainstorm Pictures, Inc., B253246 (2/1 March 25, 2015). In this case involving agreements to finance the production of motion pictures, Plaintiff sought to “confirm” a multi-million dollar arbitration award, while also asking to dismiss individuals, on the grounds that they had not been properly served, and jurisdiction over them […]

Mediation, Confidentiality: Mediation Confidentiality Statutes Bar Not Just Evidence Of What Was Said In Mediation, But Also Bar Inferences About What Was Said

March 19, 2015 · Mediation: Confidentiality

Amis v. Greenberg Traurig LLP Acknowledges Supreme Court’s “Near Categorical Prohibition Against Judicially Crafted Exceptions To The Mediation Confidentiality Statutes” Amis v. Greenberg Traurig LLP, No. B248447 (2/3 March 18, 2015) (Kitching, Aldrich, Lavin) (published) holds “a malpractice plaintiff cannot circumvent mediation confidentiality by advancing inferences about his former attorney’s supposed acts or omissions […]

Arbitration, Employment, Enforceability, Unconscionability: Court of Appeal Rejects Employee’s Contentions She Never Entered Into Binding Arbitration Agreement

March 17, 2015 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Unconscionability

Also Rejected: Contentions The Agreement Was Unconscionable. The Court of Appeal affirmed the judgment against an employee, including rulings that her claims were subject to arbitration, in Serafin v. Balco Properties Ltd., LLC, Case No. A141358 (1/4 March 16, 2015) (Ruvolo, Reardon, Rivera). COMMENT: The Court’s analysis of appellant’s arguments gives a pretty […]

Arbitration, Homeowners: Failure To Comply With B&P Section 7191 Requirements For Prominence and Formatting Makes Arbitration Provision For Work On Residence Unenforceable

March 12, 2015 · Arbitration: Consumers, Arbitration: Homeowners

Placement and Prominence Requirements Are Key To Implementing Statutory Disclosure And Knowing Waiver Objectives In Anna-Becky Redlich v. Reliance Management Group, Inc., Case No. A140313 (1/2 March 11, 2015) (Banke, Margulies, Dondero) (unpublished), the Court of Appeal agreed with the trial court that arbitration provisions between plaintiff homeowner, and defendants design firm and construction […]

Arbitration, Severability: Fourth District, Division 1 Two-Fer: Severability Of Unconscionable Provisions Results In Binding Arbitration; Lack of Severability In Another Case Means No Arbitration

March 5, 2015 · Arbitration: Class, Arbitration: PAGA, Arbitration: Severability

Severability: General Swallow all-o feasting on a French Fricassee!! William Holland, publisher. May 1799. Library of Congress. Success with Severability: Trabert v. Consumer Portfolio Services. In Trabert v. Consumer Portfolio Services, Inc., Case No. D065556 (4/1 March 3, 2015) (Haller, Aaron, Irion) (published), the Court of Appeal ordered the trial court (1) to […]

Arbitration, Delegation, Gateway Issues: Parties’ Reference To AAA Rules Constitutes Clear And Unmistakable Evidence The Arbitrator Decides Whether Agreement Permits Arbitration of Class Or Representative Claims

March 4, 2015 · Arbitration: Delegation, Arbitration: Gateway Issues

Agreement to AAA’s Employment Rules Necessarily Includes Agreement To AAA Class Action Rules. On February 28, 2015, I posted about an unpublished case holding that a reference to AAA Commercial Rule R-7 ambiguously delegates power to the arbitrator, because it gives the power to rule to the arbitrator, without saying that a trial judge […]

Arbitration, Delegation, Unconscionability: AAA Rule Delegating To Arbitrator Power To Rule On Jurisdiction And Existence, Scope Or Validity Of Arbitration Agreement Is Held To Be Ambiguous

February 28, 2015 · Arbitration: Delegation, Arbitration: Unconscionability

AAA Delegation Rule Did Not Preclude Trial Court From Ruling On Unconscionability, But Trial Court Is Reversed, Because The Arbitration Agreement Is Not Unconscionable. After her criminal law professor allegedly said, “"Many women in the field look like dykes, just like you, Anna," Anna Eakins sued Corinthian Colleges, its college president, and her professor. […]

Arbitration: 1286.2 Vacatur, 1286.6 Correction By Court: Party Contending Trial Court Erred By Confirming Award Loses By Relying On Statutory Authority For Correcting An Award

February 28, 2015 · Arbitration: Section 1286.2 Vacatur, Arbitration: Section 1286.6 Correction by Court

Contention That There Was Error In Confirming The Award Was Not Before The Court. To quote the late Steve “The Crocodile Hunter” Irwin, “Crikey!”. On appeal, defendant Porter argued that the arbitrator exceeded his authority, as a result of which confirmation of the arbitration award was error, citing Cal. Code Civ. Proc., section […]

Arbitration, Waiver, Scope: Court Of Appeal Affirms Orders Denying Motions To Compel Arbitration Of Right To Copy And Inspect

February 28, 2015 · Arbitration: Scope, Arbitration: Waiver

Arbitration Clause In Operating Agreement Did Not Cover Statutory Request To Copy And Inspect In Sachs v. GP/T Holdings, LLC et al., B254289 (2/5 Feb. 20, 2015) (Turner, Krieger, Goodman) (unpublished) plaintiff, alleging rights to copy and inspect documents under the Corporations Code, petitioned to compel defendants to produce documents for inspection and copying. […]

PAGA: Iskanian, State and Federal

February 26, 2015 · Arbitration: PAGA

Split Between State And Federal Blanket Enforcement Of Arbitration Agreements Far From Resolved The February 19, 2015 issue of the Los Angeles Daily Journal includes an article by John Roemer entitled “9th Circuit to test arbitration ruling.” This “test” concerns the California Supreme Court’s holding in Iskanian v. CLS Transportation Los Angeles LLC, 59 […]