Category: Arbitration: Existence of Agreement

Arbitration/CCP 1281.2/FAA/Existence Of Agreement: 4/3 CCA Hold That, Despite Interstate Commerce, Procedural Aspects Of California Arbitration Act Apply Where Contract Is Silent About Application Of FAA To Procedure

October 2, 2017 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2

Oh, And An Attempt At Incorporation By Reference Failed To Create An Arbitration Agreement. Lennar Corporation v. General Security Indemnity Company of Arizona, G053418 (4/3 9/28/17) (Fybel, Aronson, Ikola) (unpublished) involved a dispute between a developer, Lennar, and its excess insurer, General Security, arising after a "drywall product manufactured in China and used in Lennar […]

Existence Of Arbitration Agreement/Non-Signatories: Motion To Compel Arbitration Was Properly Denied Because There Was No Single Signed Arbitration Agreement And The Respondent Did Not Have Notice Of Arbitration Requirement

September 21, 2017 · Arbitration: Existence of Agreement

Bridge Player Could Not Be Compelled To Arbitrate With American Contract Bridge League. Only yesterday I blogged about another "existence of arbitration agreement" case, Noor v. Katz. Here comes another one, Blakely v. American Contract Bridge League, A150382 (1/1 9/20/17) (Dondero, Margulies, Banke) (unpublished). These cases are actually surprisingly common. Why? In real […]

Burden Of Proof/Existence Of Agreement: Defendants Failed To Satisfy Burden Of Proof That Agreement To Arbitrate Existed

September 20, 2017 · Arbitration: Burden of Proof, Arbitration: Existence of Agreement

Trial Court Order Denying Defendants' Petition To Arbitrate Is Affirmed. This case was about a matter of timing. Plaintiffs sued defendants, alleging defendants failed to build and develop a Web site as agreed to. Defendants move to compel arbitration. The trial court found defendants failed to show that the arbitration clause related to […]

Agreement To Arbitrate: 4/2 CCA Holds Agreement To Arbitrate Is Not Void Just Because Employee Is Unfamiliar With English Language

September 12, 2017 · Arbitration: Existence of Agreement, Arbitration: Unconscionability

Employee Did Not Ask For A Translation. Plaintiff Zaragoza filed a wage and hour class action against her employer, and the employer moved, successfully, to compel arbitration. Zaragoza appealed, arguing the arbitration agreement was void and obtained by fraud because she could not read English. Zaragoza v. Sela Healthcare, Inc., E065373 (4/2 9/11/17) (Codrington, […]

Arbitration, Enforceability, Consumers, Existence Of Agreement, Nonsignatories: Assignee Of Credit Card Account Agreement Could Enforce Arbitraiton Provision Against Credit Card Holder

August 2, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Existence Of Agreement Was Established With Affidavit Of A Person With First-Hand Knowledge Of Procedures. Early Example Of Credit Card. Plaintiff Yenko filed a putative class action lawsuit against Crown Asset Management, LLC, a debt buyer that purchased plaintiff's alleged charged-off credit card debt. The trial court held that Crown, as the assignee of […]

Enforcement Of Arbitration Agreement, Non-Signatories: Ninth Circuit Affirms Order Denying Samsung’s Motion To Compel Arbitration Of Class Complaint Filed By Purchaser Of Galaxy S4 Phone

January 20, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Customer Agreement With Verizon And Samsung Product And Safety & Warranty Agreement In The Box Failed To Bind Plaintiff To Arbitrate. In Norcia v. Samsung Telecommunications America, LLC, et al., No 14-16994 (9th Cir. 10/17/17) (Ikuta, Thomas, Bea), Judge Ikuta provides in depth analysis of whether a 101 page brochure containing an arbitration provision […]

Existence Of Agreement To Arbitrate: Fourth District, Division 3 Affirms Order Denying Petition To Compel Arbitration, Because Employer Failed To Establish Existence Of Agreement

December 27, 2016 · Arbitration: Employment, Arbitration: Existence of Agreement

Just Because There Is An Arbitration Provision, Don’t Take The Existence Of An Arbitration Agreement For Granted . . . The mere existence of a contractual provision requiring arbitration does not mean that the parties have established the existence of an agreement to arbitrate the claims between the parties. At a minimum, a checklist […]

Construction/Existence Of Agreement: CCA 4/1 Affirms Order Denying Motion To Compel Arbitration Because There Was No Agreement

December 1, 2016 · Arbitration: Construction of Agreement, Arbitration: Existence of Agreement

Acknowledgment Of Employee Handbook Is Not Necessarily Agreement To All Its Contents. Courts apply the rule requiring resolution of ambiguities against the drafting party “with peculiar force in the case of a contract of adhesion.” That’s what happened in Rollins v. Stack & Associates, CPAs, No. D069390 (4/1 11/30/16) (Nares, Benke, Huffman) (unpublished), in […]

Arbitration, Existence of Agreement, Employment: Second District, Division Four Holds That Employee Handbook With Acknowledgment Of Arbitration Policy Did Not Create Mutual Agreement To Arbitrate.

August 24, 2016 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Existence of Agreement

Language In The Employee Handbook Undercut The Existence Of An Agreement To Arbitrate. When January Esparza sued her employer for sexual harassment and related causes of action, the employer petitioned to compel arbitration, based on the fact that Esparza had acknowledged receipt of an employee handbook, and the handbook mentioned that the employer’s […]

Arbitration, Enforceability, Existence Of Agreement, Employment: Orders Denying Motions To Compel Arbitration And Staying Arbitration Survive Appeals In Fourth, Sixth, And Fifth Districts

August 21, 2016 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Gateway Issues, Arbitration: PAGA, Arbitration: Scope, Arbitration: Stay

The next three cases show that, notwithstanding the trend to uphold agreements to arbitrate, there are still plenty of situations in which our California Courts of Appeal will agree that arbitration should be denied or stayed, and allow litigation to go forward. Tran v. Integra LifeSciences Corporation, No. G051620 (4th Dist. Div. 3 8/18/16) […]