Category: Arbitration: Equitable Estoppel

Arbitration/Employment/Estoppel/Implied in Fact Agreement: Court of Appeal Concludes That Trial Court Properly Denied Motion to Compel Arbitration With Former HR Director Charged With Getting Employees to Sign Arbitration Provision, Yet Not Signing Herse

October 17, 2012 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Equitable Estoppel

Employer’s Equitable Estoppel and Implied-in-Fact Arbitration Agreement Arguments Are Both Rejected Plaintiff, Susan Gorlach, sued her former employer, The Sports Club Company, for wrongful termination, retaliation, paramour sexual harassment, intentional infliction of emotional distress, defamation, breach of contract, and negligence. She did not sign an arbitration agreement. When the employer petitioned to compel arbitration […]

Arbitration: Third District Rules That FAA Does Not Preempt California Arbitration Statute Allowing for Denial of Arbitration Where There Is Possibility of Conflicting Rulings

April 11, 2012 · Arbitration: Equitable Estoppel, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Section 1281.2, Arbitration: Section 1295 (Medical Malpractice)

Elder Abuse of Parent and Emotional Distress of Daughter Set Up Possibility of Conflicting Rulings The trial court denied motions of operators of skilled care nursing facilities to compel arbitration of parent’s Elder Abuse claim that was subject to arbitration. Why? Because the daughter’s claim of emotional distress caused by her mother’s alleged […]

Arbitration/Section 1281.2/Equitable Estoppel: 4th District, Division 2 Applies Section 1281.2 and Equitable Estoppel To Reverse Trial Court’s Orders That Had Stayed Arbitration And Had Denied Petition To Arbitrate

March 31, 2012 · Arbitration: Equitable Estoppel, Arbitration: Section 1281.2

Inland Empire Dustup Presented Unique Procedural Issue – But The Court Didn’t Resolve It The Court of Appeals noted at the outside that “we have not found a case that involves the same procedural facts as those presented here, namely, a case in which a party to an ongoing contractual arbitration files a […]

Nonsignatories/Burden of Proof/Equitable Estoppel/Third-Party Beneficiaries: Third Party Non-Signatories Cannot Successfully Move to Compel Arbitration Agreement Where They Are Neither Sufficiently Tied to The Parties to the Agreement Nor Third Party Bene

February 25, 2012 · Arbitration: Burden of Proof, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Nonsignatory Has Burden of Proof to Establish It is Party to the Arbitration Agreement and Entitled to Enforce It. In Jones v. Jacobson, 195 Cal.App.4th 1 (2011), Societe Generale and a related entity (SG appellants) were sued along with Jacobson by the Joneses in connection with a failed investment, and sought to arbitrate. […]