Category: Arbitration: Existence of Agreement

Arbitration, Employment: Second Dist., Div. 7 Reverses Judgment Denying Petition To Compel Arbitration And First Dist., Div. 4, Affirms Order Denying Employer’s Petition To Compel Arbitration

June 29, 2016 · Arbitration: Class, Arbitration: Employment, Arbitration: Equitable Estoppel, Arbitration: Existence of Agreement, Arbitration: FINRA, Arbitration: Unconscionability

Notwithstanding the trend in SCOTUS to uphold arbitration agreements, including waiver of class arbitration, our next two unpublished cases show that the California courts look closely at arbitration agreements, sometimes enforcing and sometimes not enforcing arbitration agreements. On the same day, one California Court of Appeal reversed an order denying an employer’s effort to […]

Arbitration, Existence Of Agreement: Second District, Div. 5 Holds Employee Is Bound By Arbitration Agreement He Did Not Sign–He Acknowledged Receipt And Kept On Working

June 22, 2016 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Nor Was The Agreement Illusory Just Because The Agreement Provided The Employer Could Change It At Any Time. In Harris v. Tap Worldwide, LLC, B262504 (2/5 6/22/16) (Turner, Kriegler, Kumar) (certified for partial publication, except part III(C) covering unconscionability), the Court determined that, notwithstanding that the arbitration agreement was unsigned, there was a validate […]

Arbitration/Existence Of Agreement: Fourth District, Div. 1 Affirms Order Denying Arbitration Based Appellant’s Failure To Show Arbitration Agreement Existed

May 22, 2016 · Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Authenticity Of Agreement To Arbitrate Was Called Into Question. The Court of Appeal has affirmed the trial court’s denial of a petition to compel arbitration, concluding “that the trial court did not err in finding that appellants failed to establish that [respondent] signed the employment agreement.” Joyce v. Volt Management Corp., D067867 (4/1 May […]

Arbitration, Existence Of Agreement, Unconscionability, Automobiles: Automobile Purchaser Reasonably Relied On Spanish Translation, Which Did Not Contain Arbitration Clause, Of English Contract That Did Contain Arbitration Clause

November 29, 2015 · Arbitration: Existence of Agreement, Arbitration: Unconscionability

Relying On Common Law Principles Of Contract Formation, The Court Of Appeal Ducks Deciding Whether Failure To Comply With Statutory Provision Requiring Spanish Translation Of Contract Resulted In Unconscionability. Ordinarily, one who signs a contract without understanding its contents will nevertheless be bound by it, just as one who fails to wear reading glasses […]

Arbitration, Automobiles, Enforceability: Fraud In The Inception Means No Enforceable Arbitration Agreement

April 14, 2015 · Arbitration: Automobiles, Arbitration: Enforceability, Arbitration: Existence of Agreement

Automobile Trade-In Goes Sideways. Above: Old car and truck outside the “Vehicles-You-Deserve” Used Car Dealership in Mesquite, Texas. Photographer: Carol M. Highsmith. 2014. Library of Congress. At first glance, this seems like a fairly common scenario. A daughter trades in her father’s used car for a new one, and payments are not made […]

Arbitration, Class, Existence of Agreement: Court Of Appeal Affirms Order Denying FATCO’s Motion To Compel Arbitration With Potential Class Of 272,037 Members

April 11, 2015 · Arbitration: Class, Arbitration: Existence of Agreement

Failure To Establish Existence Of Actual Agreements To Arbitrate With Any Class Members Dooms Effort To Compel Arbitration. How should one move to compel arbitration with members of a potential class who are parties to arbitration agreements giving them the opportunity to opt out of arbitration? Apparently, not the way First American Title Company […]