Our Article In The Daily Journal Examines Hohenshelt v. The Superior Court. Our article in the April 10, 2024 Daily Journal begins: "The majority and minority opinions in a recent California appellate decision highlight the conflict between California and federal attitudes about arbitration. The case is Dana Hohenshelt v. The The Superior Court of […]
McGill Lives. California's McGill case, about which we have posted before1, holds a predispute arbitration provision waiving a plaintiff’s right to seek public injunctive relief is “contrary to California public policy and is thus unenforceable under California law.” The McGill holding is enforced again in Ramsey v. Comcast Cable Communications, LLC, H049949 […]
The Date Of A Dispute And An Injury May Not Be The Same. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act invalidates predispute arbitration agreements in certain circumstances. In Kader v. Southern California Medical Center, Inc., B326830 (2/5 1/29/24) (Moor, Rubin, Kim), the key issue was whether the arbitration agreement executed […]
California Courts Have Posted Plenty Of Warnings About The 30-Day Deadline To Pay The Arbitration Fees Or Lose The Right To Arbitrate. And we have posted plenty of times about those warnings about this particular deadline. The latest warning that the 30-day deadline found in Cal. Code of Civ. Proc. § 1281.97 will be […]
Defendant Electronic Arts (EA) Fails To Shoot Down Plaintiff J.R. J.R., a minor, sued video game producer EA. J.R. "alleged that EA deceptively induced players of Apex Legends, 'especially impressionable minors,' to purchase digital game-specific currency in order 'to purchase cosmetic items, characters, lootboxes, and other items within the Apex Legends virtual world.'” The […]
Court Affirms Order Denying Motion To Compel Arbitration. "On a sliding scale, the procedural and substantive unconscionability as to this arbitration agreement is high." Hasty v. American Automobile Assn. of Northern Cal., Nev. & Utah , C097674 (3rd Dist. pub. 1/6/24) (Robie, Mauro, Krause). The order denying the AAA's petition to compel arbitration is […]
California Courts of Appeal Continue To Side With California Supreme Court Regarding Standing To Bring Representative PAGA Claims. Affirming the trial court's denial of an employer's motion to compel arbitration, the Court of Appeal holds that the employees' waiver of a right to bring representative PAGA claims is unenforceable. Nicole DeMarinis et al. v. […]
District Court Was Right, But For The Wrong Reasons. The Court of Appeals decided three issues in Voltage Pictures, LLC v. Gussi, S.A., No. 23-55123 (9th Cir. 2/5/24) (M. Smith, Lee, Vandyke): subject matter jurisdiction, service, and comity. The underlying dispute, concerning rights under a Distribution and License Agreement, resulted in an arbitration award […]
Another Trip Around The Sun — Happy New Year ! WELCOME! And Let Us Hope You Will Be A Real HAPPY New Year. Puck. 1895.
Judge Eric D. Miller Agrees Majority's Analysis, But Disagrees That The Ninth Circuit Rule Is Any Different From The Rule In Other Circuits. Abraham Bielski has already made law in his case against Coinbase, Inc., a cryptocurrency exchange. Earlier this year, the Supreme Court held in Bielski's case that a district court must stay […]