The Two Agreements Were Read Together As One Agreement. In Silva v. Cross Country Healthcare, Inc., B337435 (2/5 6.13/25) (Hoffstadt, Moor, Kim), employees Isabel Silva, Alejandro Garcia, and Janai Velasco challenged their employer’s attempt to compel arbitration of their wage-and-hour and related claims. Each plaintiff had signed two agreements at hiring: (1) an Arbitration […]
Two Judge Majority With Judge Susan P. Graber Concurring And Dissenting. Amazon Flex Drivers sued Amazon for allegedly spying on them in a closed Facebook group where the drivers discussed employment-related issues when they were not working. A panel of the 9th Circuit held that a 2016 arbitration agreement applied, because the employer seems […]
Agreement Was Not Ambiguous. The court explained in Duran v. Employbridge Holding Company, F084167 (5th Dist. filed 4/27/23 pub. 5/30/23) (Franson, Hill, Smith) that the provision "claims under PAGA . . . are not arbitrable under this Agreement" is not ambiguous. "It is not objectively reasonable to interpret the phrase 'claims under PAGA' to […]
File This Under "More Ways Than One To Skin A Cat." Woman wearing a blue robe with Buzzer the cat. Photographer: Arnold Genthe. Library of Congress. Alberto v. Cambrian Homecare, B14192 (2/4 filed 4/19/23, cert for pub. 5/10/23) (Daum, Collins, Currey), affirms the trial court's order finding an arbitration clause unconscionable. Here's the […]
Ambiguous And Unconscionable. The threshold question in Bernell Gregory Beco v. Fast Auto Loans, Inc., G059382 (4/3 12/14/22) (Moore, Bedsworth, Sanchez) was whether the court or the arbitrator should determine the issue of arbitrability. The arbitration agreement included a delegation provision stating that covered: "any dispute concerning the arbitrability of any such controversy or […]
The Court Of Appeal Construes The Arbitration Provision As "Narrow" Rather Than "Broad." The Court of Appeal reverses confirmation of an arbitration award in Thomas Ahern et al. v. Asset Management Consultants, Inc., et al., B309935 (2/7 2/1/22) (Perluss, Segal, Feuer). The underlying dispute was between a co-tenant, Ahern, who purchased a co-tenant […]
Trial Court Must Now Enter Order Compelling Binding Arbitration Between Western Bagel Company And Employee. Moose figure outside the Bagels Plus store in North Conway, New Hampshire. Photographer: Carol M. Highsmith. 2017. Library of Congress. When Jose Calderon, a Spanish speaking employee of Western Bagel Company, Inc. brought a putative class action lawsuit against […]
Provisions Requiring Arbitration With AT&T's Affiliates Did Not Apply To A Future Affiliate. Plaintiff contracted with AT&T for service, and sued an affiliate DIRECTV acquired later by AT&T. The Court of Appeal had to "decide whether a satellite television company, which became an affiliate years after the agreement was signed, may use the wireless […]
Court Of Appeal Reverses Order Denying Motion To Compel Arbitration Of Class Claim. In an employment dispute, the trial court denied plaintiff' Garner's ability to pursue class action claims in arbitration, relying on "language in the arbitration agreement stating that Garner waived his right to participate in class action lawsuits." Chris Garner v. […]
An Order Denying A Judicial Reference Is Not Appealable, Even When Coupled With An Order Denying Arbitration, Which Is Appealable. A frequent source of confusion with motions to arbitrate is an arbitration provision that refers to both the Federal Arbitration Act (FAA) and California law. Indeed, that was the source of confusion (somewhat […]