California Mediation and Arbitration

Category: Arbitration: Agents

Arbitration, Agency, Enforceability, Section 1281.2: Nursing Facility Is Unable To Enforce Arbitration Provision Because Children’s Claims Were Not Subject To Arbitration

July 25, 2019 · Arbitration: Agents, Arbitration: Enforceability, Arbitration: Section 1281.2

And Prospect Of Inconsistent Results Meant Father's Claims Could Not Be Arbitrated While Children's Claims Were Litigated.         Nursing homes continue to be a fertile source of cases concerning the enforcement of arbitration clauses. This is not surprising, because a patient, especially an elderly patient, who enters a nursing facility may be infirm or incompetent; […]

Arbitration, Nonsignatories, Agents, and Fees: Second District, Div. 7 Explains When Signatory To Arbitration Agreement Can Compel Nonsignatory Parent Of Signatory Subsidiary To Arbitrate

January 30, 2019 · Arbitration: Agents, Arbitration: Fees, Arbitration: Nonsignatories

Court Of Appeals Also Distinguishes Between Arbitrator's Power To Deny Attorneys' Fees To Prevailing Party And Court's Error In Denying Attorneys' Fees Incurred In Postarbitration Proceedings.     The Court of Appeal has done something very useful in this 57-page slip opinion concerning arbitration proceedings, and we like that. The Court has summarized its holding […]

Arbitration, Employment, Nonsignatories: 2/6 Orders Produce Packers To Arbitrate Claims With Co-Employers

January 4, 2019 · Arbitration: Agents, Arbitration: Employment, Arbitration: Nonsignatories

Staffing Agency Signed Arbitration Agreement, Packing Employer Did Not Sign.                               Packing fresh prunes at night on Produce Row during busy season, wages two cents per box. Washington, Yakima. Dorothea Lange, photographer. August 1939. Library of Congress.     Plaintiffs/Respondents Vasquez and Zacarias […]

Arbitration, Nonsignatories, Agents, 3d Party Benes, Equitable Estoppel: 4th District Div. 2 Rejects Harley Davidson Dealer’s Argument That It Can Compel Arbitration Based On Arbitration Clause In Security Agreement

August 24, 2018 · Arbitration: Agents, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

The Security Agreement Included An Arbitration Clause, But The Purchase Agreement Did Not.     It is not unusual for a consumer to execute more than one agreement at the time of purchase, only one of which contains an arbitration clause. Such was the case in Fuentes v. TMCSF, Inc., E066242 (4/2  8/23/18) (Ramirez, Slough, […]

Arbitration: Agents: 2/2 DCA Reverses As A Matter Of Law Denial Of Motion To Compel Arbitration Given That Defendant Agent Was Not An Independent Third Party

May 30, 2018 · Arbitration: Agents

Rather, Agents Of Statutory Defendant Are Entitled To Benefit Of An Arbitration Agreement.           In Hernandez v. AutoZone, Inc., Case No. B280206 (2d Dist., Div. 2) (May 30, 2018) (unpublished; Justice Victoria Chavez, concurred in by Justice Judith Ashmann-Gerst, A.P.J., and Justice Brian M. Hoffstadt), ex-employer AutoZone moved to compel arbitration against a former employee […]

Arbitration, Agents, Nonsignatories, Equitable Estoppel: U-Haul Can’t Enforce Arbitration Provision Against Nonsignatory Employee Of Employee Renting Truck

December 13, 2017 · Arbitration: Agents, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

Court Of Appeal Rejects Third-Party Beneficiary, Agency, And Judicial Estoppel Arguments Made By U-Haul.         Unable to find "any authority addressing precisely analogous circumstances," the Court of Appeal decides a case of first impression in Jensen v. U-Haul Co. of California, E065887 (4/2   12/11/17) (Codrington, McKinster, Slough).  The case involves "an attempt to enforce […]

Arbitration, Equitable Estoppel, Agents: Hourly Employee Hired Out By Temporary Staffing Company Is Compelled To Arbitrate With Company To Which He Is Assigned — Though That Company Is A Non-Signatory To Arbitration Agreement

April 26, 2017 · Arbitration: Agents, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

Equitable Estoppel And Agency Theories Required The Employee To Arbitrate With The Non-Signatory Company.             I suspect that that the facts in our next case are far from unique.  In Garcia v. Pexco, LLC, G052872 (4/3  4/24/17) (Ikola, Aronson, Thompson) (unpublished), plaintiff Garcia was hired by Real Time, a temporary staffing company, and assigned […]

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 […]

Waiver/Agents/FINRA: 4th District, Division 3 Affirms Denial Of Petition To Compel Arbitration In One Case, And Reverses Denial Of Motion To Compel Arbitration In Another

October 27, 2014 · Arbitration: Agents, Arbitration: FINRA, Arbitration: Third Party Beneficiaries, Arbitration: Waiver

Waiver Of Arbitration Results In Affirmance Of Denial Of Petition To Arbitrate.     The Court of Appeal affirmed denial of a petition to compel arbitration, finding substantial evidence to support appellant’s waiver of a right to arbitrate its dispute.  LPT Properties, LLC v. Wystein Opportunity Fund, LLC et al., G048803 (4/3 Oct. 21, 2014) (Fybel, […]