Employee Here Did Not Clearly And Unmistakably Waive Right To A Judicial Forum Certain distinctions are importantly at play in Volpei v. County of Ventura, Case No. B243954 (2nd Dist. Div. 6 Nov. 7, 2013) (Gilbert, P.J., author 3:0): statutory versus contractual rights, mandatory versus voluntary arbitration, unilateral versus bilateral right to initiate arbitration, […]
SCOTUS Ruling In Concepcion Causes California Supreme Court To Change Its Position On Waiver of Berman Hearing So what is a Berman hearing? It is a dispute resolution forum established by the Legislature to assist employees in recovering wages owed. Labor Code section 98. The procedure is named after legislator Howard Berman, who instituted […]
Spouses Are Not Automatically The Agents Of One Another When It Comes To Making Health Care Decisions Mrs. Goldman signed an arbitration provision on behalf of her husband who entered a nursing home. After Mr. Goldman died, Mrs. Goldman sued on behalf of her husband for elder abuse and related wrongs, and in […]
Collective Bargaining Agreement Must Clearly and Unmistakably Refer Statutory Discrimination Claims to Arbitration in Order Make Arbitration Mandatory Defendant Mid-Wilshire Health Care Center appealed from an order denying its motion to compel arbitration and to stay a wrongful termination action filed by plaintiff Mendez, a nurse assistant. After determining the provisions of a collective […]
PAGA Claims Are Outside the Principles of the FAA and the Supreme Court Decisions Applying It The Private Attorney General Act of 2004 (PAGA), Labor Code sections 2698 through 2699.5, authorizes actions by aggrieved employees on their own behalf and on behalf of other employees to recover civil penalties from employers for Labor Code […]
Appellate Opinion Is Divided And Issue Is Before The California Supreme Court Automobile wreck. Between 1918 and 1920. Library of Congress. The Fourth District, Division 2, has added one more appellate opinion to the mix of opinions concerning whether a form purchase and sale contract used by many new car dealers in California and […]
California Code of Civil Procedure Section 1281.6 to the Rescue The failure of an arbitration agreement to provide a method for appointing an arbitrator need not be fatal. Our next case arose from Plaintiffs’ efforts to recover allegedly unpaid progress payments under a construction contract for remodeling Defendants’ home. Plaintiffs sued Defendants for […]
The Court Of Appeal Also Directs Entry Of Order Granting Employer’s Petition To compel Arbitration On An Individual Basis Employee Arroyo’s complaint alleged his employer engaged in wage and hour practices that violated the California Labor Code. The trial court denied the employer’s petition to compel arbitration, but this denial was reversed on appeal […]
Basis For The Wrongs Alleged By Plaintiffs Was A Separate Investment Services Agreement Containing No Arbitration Provision Stephen Goldberg and Victoria Pynchon sued their investment advisors, Coggins Company, for breach of contract, professional negligence, and other claims relating to a real estate investment gone sour in Wildomar Investors, LLC. Among other things, Plaintiffs […]
Failure To Attach AAA Rules And Employer’s Unilateral Ability to Modify the Arbitration Agreement Were the Issues Here Plaintiff Peng sued her employer for employment discrimination and related claims. After the trial court denied defendant’s motion to compel arbitration, the employer appealed. On appeal, the issues were whether the employer’s failure to attach […]