Author: calmediation

Arbitration/Employment/Class/Waiver: Second District, Div. 1 Follows Supreme Court Iskanian Precedent Holding That Right To Bring A Representative Action Under The Private Attorneys General Act (PAGA) Can’t Be Waived

July 30, 2014 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

Waiver Is Contrary To Public Policy And PAGA Dispute Is Between Employer And The State. “The sole issue presented on appeal is the enforceability of a waiver of the right to bring a representative action . . . under PAGA . . . That issue has recently been resolved against Pep Boys by the […]

Mediation/Confidentiality/Family Law/Settlement Agreement: Affirming Trial Court, Second District, Division 1 Agrees Stipulated Judgment Reached Through Mediation Is Enforceable, Despite Failure To File It In Dissolution Proceedings, And Dismissal Of Mari

July 30, 2014 · Mediation: Confidentiality, Mediation: Family Law, Mediation: Settlement Agreement

Stipulated Judgment May Not Have Contained Magic Words, But It Was Sufficient To Express Parties’ Intent To Waive Confidentiality And Allow Enforcement Daly v. Oyster, B249255 (2/1 July 29, 2014) (Chaney, Johnson, Wiley) (published) deals with that nettlesome situation that sometimes arises after mediation when papers are not filed with the court, the case […]

Arbitration/Employment/Waiver: Employer Did Not Waive Right To Enforce An Arbitration Agreement By Waiting Until Employee’s Wage Claim Had Been Heard In A Berman Hearing

July 23, 2014 · Arbitration: Employment, Arbitration: Waiver

Employer Did Not Waive Its Right To Arbitrate Wage Claim And So Trial Court’s Order Denying Employer’s Motion To Compel Arbitration Is Reversed Fremont Automobile Dealership, LLC, A137266 (1/2 July 23, 2014) (Richman, Kline, Brick) (unpublished) addresses the still somewhat murky relationship between the interaction of an arbitration agreement and the statutory right […]

Arbitration: Arbitrator Did Not Exceed His Powers Nor Did Trial Court Err By Failing To Issue Statement Of Decision

July 22, 2014 · Arbitration: Section 1286.2 Vacatur

Here, the landlord-tenant dispute arose because the tenant’s husband tragically died in an automobile accident, sometime after which rent payments ceased. The parties arbitrated their claims, and the arbitrator awarded $180,000 to landlord, discounting landlord’s claims of nearly $1.3M in damages chiefly because landlord failed to properly mitigate damages. The trial court confirmed the […]

Class Arbitration/Appealability: Second District, Div. 2 Agrees With Those Courts That Have Ruled That Arbitrator, Rather Than Court, Decides Whether Parties Agreed To Class Arbitration

July 22, 2014 · Arbitration: Appealability, Arbitration: Class

Law Concerning “Gateway Issues” Is Messy Court Of Appeal Also Had To Overcome Procedural Hurdle Of Appealability To Address The “Gateway” Procedural Issue So-called “gateway” issues concerning whether the parties have submitted a particular dispute to arbitration are generally decided by a judge, not an arbitrator, unless the parties have agreed to delegate the […]

Mediation/Settlement Agreement: When Class Has Not Yet Been Certified, Putative Class Rep Cannot Consent To Temporary Judge On Behalf of Absent Putative Class Members

July 22, 2014 · Mediation: Settlement Agreement

Trial Judge Refuses To Appoint Retired Judge Who Mediated The Class Action Dispute As Temporary Judge Petitioner Luckey’s mediation of a class action lawsuit with defendants resulted in a settlement agreement pursuant to which the parties stipulated to appoint a temporary judge to hear the matter “until final determination thereof.” The parties intended that […]

Arbitration/Choice of Law/FAA/Employment/Unconscionability: Court of Appeal Concludes Plaintiff’s Wage Claims Are Encompassed By Parties’ Contractual Agreement, Reversing Trial Court’s Denial Of Petition To Compel Arbitration

July 21, 2014 · Arbitration: Choice of Law, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Federal Arbitration Act

Also, Burdens Upon The Employee Were Not So Great As To Make Arbitration Provision Unconscionable In our next case, the Court of Appeal, in a published opinion, reversed the trial court’s denial of a petition to compel arbitration. Galen v. Redfin Corporation, A138642 (1st Dist. Div. 1 July 21, 2014) (Dondero, Margulies, Becton) […]

Arbitration/Enforceability/Nonsignatories: Defendant Fails To Sustain Burden Of Showing Plaintiff Signed Arbitration Agreement

July 21, 2014 · Arbitration: Enforceability, Arbitration: Nonsignatories

Declarants Lacked Personal Knowledge If you want to compel arbitration, it sure helps to have a signed arbitration agreement, as defendant Wells Fargo discovered in Bachenheimer v. Wells Fargo Bank, N.A., B251980 (2nd Dist. Div. 5 July 21, 2014) (Turner, Mosk, Mink) (unpublished). Plaintiff, who suffered from traumatic brain injury, invested her savings […]

Arbitration/Nonsignatories/Equitable Estoppel: Dentist Who Voluntarily Arbitrated But Did Not Sign Arbitration Agreement Was Not Equitably Estopped From Refusing To Arbitrate Again

July 14, 2014 · Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

In Which The Trial Court Sums It Up Neatly For The Court Of Appeal. In Chan v. Delta Dental of California, A138402 (1st Dist. Div. 2 July 10, 2014) (Kline, Richman, Brick) (unpublished), a dental service provider sought to enforce an unsigned arbitration agreement based on an arbitration agreement that a dentist had not […]

Arbitration/Construction Of Agreement/Jurisdiction: Parties’ Arbitration Agreement Expressly Excluded Statutory Wage Claims From Arbitration Because It Excluded Claims “Within The Jurisdiction” Of The California Labor Commission

July 14, 2014 · Arbitration: Construction of Agreement, Arbitration: Jurisdiction

Just A Matter Of Contract Interpretation Judges must relax a little when they can say, as does Justice O’Leary, the author of the next opinion, “The sole issue presented in this appeal is simply a matter of contract interpretation.” Rebolledo v. Tilly’s, Inc., G048625 (4th Dist. Div. 3 July 8, 2014) (O’Leary, Ikola, Thompson) […]