Category: Arbitration: Existence of Agreement

Arbitration: Fourth District Div. 2 Addresses Issues Of Unconscionability, Delegation, Severability, And Fraud In Employee Arbitration Agreement

November 2, 2021 · Arbitration: Arbitrability, Arbitration: Delegation, Arbitration: Employment, Arbitration: Existence of Agreement, Arbitration: Severability, Arbitration: Unconscionability

Ineffective Delegation Clauses, Fraud In The Execution, And Unconsciconability Result In Reversals. In Najarro v. Sup. Ct. of the County of San Bernardino; Horizon Personnel Services Inc., et al, E076328 (4/2 10/22/21) (Raphael, Codrington, Slough), the court does plenty of slicing and dicing, because there are two arbitration agreements, two sets of employees, […]

Arbitration, Appealability, Jurisdiction, Existence of Agreement: District Court Should Have Summarily Ruled On Existence Of Agreement Before Denying Motion To Arbitrate

July 10, 2021 · Arbitration: Appealability, Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

There Is A Method To This . . . Before I get to the case, I should mention that I'm playing "catch up." I've fallen somewhat behind on posting, between a busy mediation calendar and some travel to visit a newly born child in the family. But it's the weekend, so let's see how […]

Arbitration, PAGA, Delegation: Employees Who Entered Into Agreement To Arbitrate Before They Brought PAGA Representative Action Could Not Bind State To Arbitrate

July 26, 2020 · Arbitration: Delegation, Arbitration: Existence of Agreement, Arbitration: PAGA

How The Issue Presented Was Framed Made All The Difference. View of a frame-maker's workshop circa 1900. Wikipedia article "Picture frame." As putative members of the so-called Guerra class action, Bautista and Garcia signed settlement agreements containing an arbitration clause and […]

Internet Commerce: Ninth Circuit Holds A Mobile App Failed To Provide Constructive Notice Of Arbitration Agreement

December 31, 2019 · Arbitration: Existence of Agreement, Arbitration: Internet Commerce

An Issue Of First Impression — Did A Smartphone App Impart Constructive Knowledge Of An Arbitration Agreement? The Ninth Circuit has decided an issue of first impression for the court: "[U]nder what circumstances does the download or use of a mobile application ('app') by a smartphone user establish constructive notice of the app's terms […]

Arbitration, Internet Commerce: 9th Circuit Tests Limits Of “Reasonably Conspicuous” Provision In Internet Commerce Adhesion Contract

June 17, 2019 · Arbitration: Burden of Proof, Arbitration: Existence of Agreement, Arbitration: Internet Commerce, Arbitration: Standard of Review

Plaintiff Had To Jump Through Hoops To Get To Arbitration Clause. For our next case, we add a new sidebar category: "Arbitration: Internet Commerce." "This case tests the outer limits of what constitutes a 'reasonably conspicuous' provision as part of the terms of usage so prevalent in the adhesion contracts of modern internet commerce," […]

Existence Of Arbitration Agreement: First District, Div. 3 Finds Substantial Evidence Supports Court’s Ruling That Binding Arbitration Took Place

February 21, 2019 · Arbitration: Existence of Agreement

Either Defendants Authorized Their Attorney To Agree To Binding Arbitration Or They Ratified The Agreement. Defendants and Plaintiffs arbitrated their dispute, the arbitrator's award was in favor of Plaintiffs, and Defendants appealed the judgment confirming the award. Dean v. Amado, A147660 (1/3 2/20/19) (Jenkins, Siggins, Pollak) (not for publication). Defendants' argument rested on […]

Arbitration: Tetrad Of Unpublished Cases Present Issues Concerning Mandatory Fee Arbitration, Res Judicata, Existence Of Agreement, 1281.2, Appealability

November 29, 2018 · Arbitration: Appealability, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Existence of Agreement, Arbitration: MFAA, Arbitration: Section 1281.2

Ferguson v. Camarillo Health Care District, B281856 (2/6 11/28/18) (Tangeman, Gilbert, Yegan) (unpublished). When a an opinion begins, "Calling it an 'unproductive waste of time,' attorney Ralph T. Ferguson did not participate in mandatory arbitration of a fee dispute with his client Camarillo Health Care District (CHCD). The arbitrators ruled in favor of […]

Arbitration: Existence Of Agreement; Nonsignatories; Section 1281.2: 2/6 DCA Reverses Denial Of Motion To Compel Arbitration Based On Integration Clause Being Found Dispositive

June 27, 2018 · Arbitration: Existence of Agreement, Arbitration: Nonsignatories, Arbitration: Section 1281.2

However, Wife’s Loss Of Consortium Claim Not Subject To Arbitration And Trial Court On Remand Had To Consider Third Litigation Exception As Basis To Deny Motion To Compel. In Williams v. Atria Las Posas, Case No. B282513 (2d Dist., Div. 6 June 27, 2018) (published; Tangeman, J., author, concurred in by Gilbert, P.J. and […]

Arbitration: Existence Of Agreement/1281.2/Stay: Incorporation By Reference Works This Time, But It’s Not The End Of The Story

February 21, 2018 · Arbitration: Existence of Agreement, Arbitration: Section 1281.2, Arbitration: Stay

Settlement Agreement Incorporated Arbitration Clause In Licensing Agreement — But Only Claims Arising Out Of Or In Connection With Any Provision In The Licensing Agreement Could Be Arbitrated. On February 9, 2018, we posted about Cirile v. Petersen-Dean, an unpublished case, in which incorporation by reference was too amorphous and vague to incorporate an […]

Existence Of Arbitration Agreement Flops For Failure To Successfully Incorporate By Reference

February 9, 2018 · Arbitration: Existence of Agreement

An Agreement Need Not Expressly Provide For Arbitration But May Do So In A Document Incorporated By Reference. Petersen-Dean appealed from denial of its petition to compel arbitration. The central question on appeal was "whether the mention of the warranty in the contract incorporated the warranty, with its arbitration clause, into the contract." Cirile […]