Labor Code Sections Prohibiting Cost-Shifting To Employees Prevailed Over Section 998 Cost-Shifting. The next case does not involve ADR. We blog about it because it does involve settlement offers and cost-shifting. Employees sued California Collision LLC (CCL) and its owner for labor law violations. The case involved several settlement offers under California Code […]
The Problem To Be Solved Is How To Achieve Equal Access To Justice. "Does a trial court that granted a defendant’s petition to compel arbitration have jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs? If so, may the court require defendant […]
Motion To Compel Arbitration Should Have Been Granted, And One Substantively Unconscionable Provision Was Severable. In Erendira Cisneros Alvarez v. Altamed Health Services Corp., B305155 (2/8 2/4/21) (Stratton, Bigelow, Grimes), the Court of Appeal reversed a trial court's order denying a motion to compel arbitration. The arbitration provision, which is part of an employer-employee […]
Plaintiff's Request For Costs Was Made In Court After Plaintiff Beat Her Section 998 Offer During Arbitration. Plaintiff/Appellant Helene Storm prevailed in arbitration over an uninsured motorist claim against an insurance company. Afterwards, she petitioned the trial court to confirm the award in her favor, and to award arbitration and post-arbitration costs […]
A Question Of Timing: Case Explains How To Handle Costs Under Section 998 In An Arbitration. Heimlich v. Shivji, S243029 (Cal. S.Ct. 5/30/19) (Corrigan, J.) is good news for practitioners, because it settles a timing issue, but it is no help to the hapless appellant who helped make law. Code of Civil Procedure […]
Because Insurance Company Controls The Litigation, Court Looks Past "Legal Fiction" That Decedent's Estate Is The Party. Amanda Meleski was injured when Albert Hotlen ran a red light and collided with her vehicle. But by the time Mr. Hotlen could be served with a summons, he was dead. However, Mr. Hotlen had purchased […]
Issues Covered Include Class Action, Unconscionability, Powers Of Arbitrator, Enforcement, Non-Signatories, PAGA, Severability, Costs. Martinez v. Ready Pac Produce, Inc., B279225 (2/3 11/20/18) (Lavin, Egerton, Dhanidina) (Unpublished): Waiver Of Class Action Meant Employee Could Not Participate In Pending Class Action. The Court of Appeal reverses order denying employer Read Pac's motion to compel […]
Fees And Costs Provision In Consumer Arbitration Was Unconscionable Here. This case involves a common scenario in which a business sells a good or service that is financed, the business is unable to fully perform, and the lender seeks to enforce an arbitration provision when it gets sued. Here, the Court of Appeal held […]
But The Post Does Not Tell The Whole Story Public Citizen, a nonprofit public interest organization, in a somewhat dated (2010?) post contends: “Not only is there no evidence that arbitration reduces the overall transaction costs of litigation (e.g. witness fees, attorney fees, discovery costs), but nobody has expounded a coherent theory to explain […]
Both Sides Wanted To Correct Cost Award That Couldn't Be Corrected As with our immediately preceding post of May 19, 2013 on De Sena v. Richert, the issue here is whether cost issues should be presented to the trial judge or to the arbitrator. At arbitration, Plaintiffs were awarded $1,092,797, plus "costs in […]