Category: Arbitration: Burden of Proof

Burden Of Proof/Existence Of Agreement: Defendants Failed To Satisfy Burden Of Proof That Agreement To Arbitrate Existed

September 20, 2017 · Arbitration: Burden of Proof, Arbitration: Existence of Agreement

Trial Court Order Denying Defendants' Petition To Arbitrate Is Affirmed. This case was about a matter of timing. Plaintiffs sued defendants, alleging defendants failed to build and develop a Web site as agreed to. Defendants move to compel arbitration. The trial court found defendants failed to show that the arbitration clause related to […]

Arbitration, Authentication, Burden Of Proof: Defendants/Appellants Sufficiently Established Existence Of Agreement To Arbitrate By Authenticating Electronic Signature

June 1, 2016 · Arbitration: Authentication, Arbitration: Burden of Proof

Because Defendant Introduced Key Evidence In Supplemental Declaration, Rather Than In Moving Papers, Court Had To Address The Burden Of Proof. Yes, it happens. Sometimes, a published case deserving a post escapes my net. However, Espejo v. Southern California Permanente Medical Group, (2nd Dist. Div. 4 2016) (Collins, Epstein, Willhite), though filed back on […]

Arbitration, Employment, FAA, Burden Of Proof: Berman Hearings Are Short-Circuited By Enforceable Arbitration Provision

November 5, 2015 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Federal Arbitration Act

Keep On Truckin’ . . . In Arbitration. We have posted before about the “Berman hearing”, named after Congressman Howard Berman, and providing workers with a procedure intended to provide “a speedy, informal, and affordable method of resolving wage claims” with the California Labor Commissioner. Under California law, it cannot be waived. However, if […]

Arbitration, Burden of Proof, Unconscionability: Superior Court’s Incorrect Allocation Of Burden Of Proof To Prove Lawsuit Is Encompassed By Arbitration Results In Reversal

August 27, 2015 · Arbitration: Burden of Proof, Arbitration: Unconscionability

Party Seeking Arbitration Only Has Initial Burden Of Establishing Prima Facie Case Of Existence Of Arbitration Agreement. In a dispute concerning student debt, plaintiff student argued defendant loan servicer failed to establish the dispute was encompassed by the arbitration agreement. Reversed: “In denying defendant’s petition to compel arbitration, the trial court improperly required defendant […]

Arbitration, Burden Of Proof, Enforceability, Employment, CCP 1281.2: Petition To Compel Arbitration Fails Because Employer Is Unable To Authenticate Electronic Signature.

January 4, 2015 · Arbitration: Burden of Proof, Arbitration: Employment

Burden Of Proof Shifted To Employer Because Employee Didn’t Remember Signing Arbitration Agreement. Ruiz v. Moss Bros. Auto Group, Inc., E057529 (4/2 Dec. 23, 2014) (King, Hollenhorst, Codrington) is one more reminder of the pitfalls when dealing with electronic signatures. After employer Moss Bros. unsuccessfully petitioned for an order compelling arbitration of employee Ruiz’s […]

Federal Arbitration Act Preemption/Burden Of Proof/Employment: Employer Failing To Sustain Burden Of Showing FAA Preemption Fails To Enforce Arbitration Agreement

November 21, 2014 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Federal Arbitration Act

Labor Code Section 229 Expressly Provides Wage Claims Were Not Subject To Arbitration. When state law provides a statutory exemption from arbitration, it’s not enough to assert Federal Arbitration Act preemption: “A party seeking to enforce an arbitration agreement has the burden of showing FAA preemption.” Lane v. Francis Capital Management LLC, 224 Cal.App.4th […]

Arbitration/Enforcement: Lack Of Written Arbitration Agreement Proves Fatal To Funeral Director/Embalmer’s Appeal Of Order Denying Petition To Compel

June 15, 2014 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Enforceability

DOA: Neither Appellant Nor Respondents Were Able To Discover Copy Of A Written Agreement To Arbitrate It was undisputed that in the ordinary course of business, respondents required all employees to sign an arbitration agreement, and it was not clear why the appellant, Mr. Corselli “might have been an exception to this rule.” Apparently, the […]

Arbitration/Employment/Unconscionability/FAA Preemption: Second District, Division 4, Holds That Labor Code Section 229 Only Exempts Unpaid Wage Claim From Arbitration

March 12, 2014 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

And Employer Failed To Sustain Burden Of Proving That California Statutory Right Of Employee To Avoid Arbitration Of Unpaid Wages Claim Was Preempted By Federal Arbitration Act Francis Capital Management LLC (FCM) appealed from an order denying its motion to compel Lane, a former employee, to arbitrate all his employment claims against FCM. Lane […]

Arbitration/Burden of Proof: Second District Division 2 Affirms Trial Court’s Finding That Defendant Carried Prima Facie Burden of Proof to Make Finding of Existence of Arbitration Agreement

May 27, 2013 · Arbitration: Burden of Proof

Second District, Division 4 and Division 7 Disagree About Need to Fully Authenticate Arbitration Agreement to Meet Initial Burden On May 22, 2013, we blogged about The Fine Living Trust v. Merrill Lynch, Pierce, Fenner & Smith, B240869 (2nd Dist. Div. 7 May 20, 2013) (Jackson, J. author 3:0) (unpublished), holding that the party […]

Arbitration/Burden of Proof: Defendant Merrill Lynch Could Not Compel Arbitration Because It Failed To Authenticate Arbitration Agreement

May 22, 2013 · Arbitration: Burden of Proof

Party Seeking To Arbitrate Has Burden of Proving Existence of Arbitration Agreement Trustee and beneficiaries sued Merrill Lynch, Pierce, Fenner & Smith for freezing an investment account and wrongfully precluding trustee from distributing funds to the beneficiaries. Merrill Lynch moved to compel arbitration, based on a Client Relationship Agreement (CRA) signed by the original […]