Category: Arbitration: Existence of Agreement

First District, Div. 1 Affirms Order Denying Petition To Compel Arbitration Because Defendant Failed To Establish Existence Of Arbitration Agreement

February 9, 2023 · Arbitration: Arbitrability, Arbitration: Burden of Proof, Arbitration: Choice of Law, Arbitration: Delegation, Arbitration: Existence of Agreement

No Evidence Of Signed Agreement. Bruno Fleming sued Oliphant Financial for allegedly violating the California Rosenthal Fair Debt Collection Practices Act. Oliphant unsuccessfully petitioned the trial court to compel arbitration. The Court of Appeal affirmed the trial court's order denying Oliphant's petition to compel arbitration. Fleming v. Oliphant Financial, LLC, A165837 (1/1 1/31/23) (Devine, […]

Existence Of Agreement, Unconscionability: First District, Div. 4 Concludes Arbitration Agreement Was Signed, Not Unconscionable, And Reverses

January 23, 2023 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

Proof Of Handwritten Signature May Be Easier Than Proof Of Electronic Signature. The trial court found that the employer failed to prove employees had signed an arbitration agreement, that the agreement was unconscionable, and the court rejected the employer's efforts to compel arbitration. The Court of Appeal reversed. Leroye Iyere et al. v. Wise […]

Existence Of Arbitration Agreement: Arbitration Agreement For Website Did Not Apply To In-Store Purchases

January 11, 2023 · Arbitration: Existence of Agreement, Arbitration: Scope

Existence Versus Scope Of Arbitration Agreement — See How It Makes A Difference. Tire recapping. A service attendant points out a worn tire that may be recapped under a new plan which removes restrictions on reclaimed camelback rubber for passenger tires. The plan to recap passenger car tires with reclaimed rubber camelback, approved by rubber […]

Ninth Circuit Holds Inmate Receiving Debit Card For Confiscated Cash Did Not Consent To Debit Card Agreement To Arbitrate

January 2, 2023 · Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Once You Know The Facts, Your Going To Know How This Case Turns Out . . . Plaintiffs in Reichert v. Rapid Investments, Inc., 21-35530 (9th Cir. 12/30/22) (Berzon, Christen, Block) (per curiam) were inmates discharged from Kitsap County Jail and given a debit card for cash confiscated by the jail earlier upon their […]

Unconscionability, PAGA, 1281.2, FAA: CCA 2nd Dist. Div. 6 Holds Iskanian Survives, Sort Of

December 11, 2022 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: PAGA, Arbitration: Section 1281.2, Arbitration: Unconscionability

Court Of Appeals Affirms Denial Of Motion To Compel Arbitration. It's alive, it's alive ! We harbor the suspicion that Navas v. Fresh Venture Foods, LLC, B31288A (2/6 11/21/22) (Gilbert, Yegan, Perren), was published so that the Court of Appeal could tell us that while Viking River Cruises v. Moriana overrules Iskanian, to […]

Arbitration, Nonsignatories: There Is No Agreement To Arbitrate Between San Diego And Instacart

June 14, 2022 · Arbitration: Existence of Agreement, Arbitration: Nonsignatories, Arbitration: PAGA, Arbitration: Qui Tam

PAGA Cases Are Not A Good Analogy For A Lawsuit Brought Directly By The City, Rather Than By Workers. If the City of San Diego city attorney sues Instacart for violating the Unfair Competition Law, Business and Professions Act, §§ 17200 et seq., is the City bound by arbitration agreements between Instacart's Shoppers and […]

Arbitration, Enforceability: No Agreement Where Company Was Unable To Establish Automatic Sending Of Electronic Receipt

June 13, 2022 · Arbitration: Arbitrability, Arbitration: Delegation, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Gateway Issues, Arbitration: Unconscionability

Existence Of Agreement Was Not An Issue To Delegate To Arbitrator. Fiona Trinity sued Life Insurance Company of North America and individuals (LINA parties) for employment-related claims. The LINA Parties moved unsuccessfully to compel arbitration in the trial court, and the Court of Appeal affirmed. The LINA parties could not establish the […]

Arbitration, Unconscionability, Existence Of Agreement, Internet Commerce: Three Recent Cases Affirm Orders Denying Motions To Compel Arbitration

January 13, 2022 · Arbitration: Consumers, Arbitration: Employment, Arbitration: Existence of Agreement, Arbitration: Internet Commerce, Arbitration: Nonsignatories

Three Recent Cases Affirm Orders Denying Motions To Compel Arbitration. Anthony De Leon v. Pinnacle Property Management Services, LLC et al., No. 059801 (4/3 Dec. 8, 2021) — Unconscionability. Superior Court Judge Marks, sitting by assignment, authors the opinion, agreeing with the trial judge's denial of a motion to compel arbitration, on the grounds […]

Arbitration, Existence Of Agreement, Delegation: Ninth Circuit Holds Formation Of Arbitration Agreement Is To Be Decided By Court, Not Arbitrator

January 3, 2022 · Arbitration: Delegation, Arbitration: Existence of Agreement, Arbitration: Gateway Issues

Failure To Communicate . . . Cool Hand Luke. "What we've got here is failure to communicate." Reversing the district court's order to compel arbitration, the Ninth Circuit holds that the issue of formation of the contract to arbitrate should have been decided by the court, despite delegation of issues of validity and […]

Arbitration, Existence Of Agreement: CCA 2/7 Holds Employer Failed To Carry Burden Of Proof Agreement To Arbitrate Existed

December 15, 2021 · Arbitration: Authentication, Arbitration: Burden of Proof, Arbitration: Existence of Agreement

After Employee Questioned The Agreement To Arbitrate, Burden Of Proof Shifted To Employer. Hope Gamboa sued Northeast Community Clinic for employment-related claims. The employer moved to arbitrate. The trial court denied the motion. Affirmed. No agreement to arbitrate existed. Gamboa v. Northeast Community Clinic, No. 394833 (2/7 11/30/21) (Ibarra, Perluss, Feuer). Why couldn't […]