Second District, Division 2 Decision Motivates Us To Create New Sidebar Category – Arbitration: Automobiles Our California car economy has spawned a plethora of decision concerning automobiles and arbitration. I have posted on these over the past year. Rather than link now to all the previous posts involving automobiles, I have simply created a […]
California’s Code of Civil Procedure Provisions Governing International Arbitration Differ From Ordinary Domestic Arbitration Provisions With this post, we inaugurate a new sidebar category: “Arbitration: International.” Comerica Bank v. Howsam, et al. Case No. B232749 (2nd Dist. Div. 5 August 20, 2012) (Turner, P.J., author)(partially published) involves appeals from orders confirming three […]
Viability of Gentry v. Superior Court is Sidestepped By Court of Appeal Plaintiff/employee Lorena Nelsen filed a putative class action lawsuit against her former employer LPI for multiple Labor Code violations. Because Nelsen signed an arbitration agreement when she was hired, the employer, LPI moved, successfully, to compel arbitration with Nelsen all alone. Nelsen […]
Affirm? Reverse? No, Dismiss, Because the Order is Unappealable Plaintiff Brian Zulli “purports to appeal from an order staying an action and compelling arbitration . . . “ Purports? Yes, “purports”, because the order is not appealable. Zulli v. Toll Brothers, Inc., Case No. B231622 (2nd Dist. Div. 6 July 10, 2012) (Perren, J., […]
An Order Denying Defendants’ Cross-Petition To Compel An Arbitration They Already Initiated Does Not Adversely Affect Them – And Therefore They Can’t Appeal It O’Malley v. Avenatti, Case No. G045806 (4th Dist. Div. 3 June 13, 2012) (Ikola, J., author) (not for publication) is the kind of lawsuit only lawyers can love – a […]
Some Orders Denying Petitions to Compel Arbitration Are More Equal than Others Defendant and Appellant Zani Mansouri spent over $200,000 in a patio improvements dispute with her HOA, Plaintiff and Respondent Fleur Du Lac Estates Association. Naturally, she hoped to recover her fees and costs after the trial court earlier granted the HOA’s […]
Failure of Party to Pay Fees Here Resulted in Termination of Arbitration, and Case Bouncing Back to the Trial Court The next case grabbed Marc’s attention, because it involved a situation he has had to confront in arbitration: what to do when a party refuses to pay its share of arbitration fees. The […]