Labor Code Sections Prohibiting Cost-Shifting To Employees Prevailed Over Section 998 Cost-Shifting. The next case does not involve ADR. We blog about it because it does involve settlement offers and cost-shifting. Employees sued California Collision LLC (CCL) and its owner for labor law violations. The case involved several settlement offers under California Code […]
The Payment Must Be Received By The Arbitrator Within 30 Days Of When It Was Due. September 1, 20221 was the “due date” for the employer in a sexual harassment dispute to pay arbitration fees and costs to the arbitrator, making payment due October 3. Cal. Code of Civ. Proc., § 1281.98(a)(1). The employer […]
Courts Have Been Unforgiving In Interpreting An Unambiguous Statute. See CCP § 1281.98. "A statute gave Milan Cvejic the option to get out of arbitration if Skyview was tardy in paying its arbitration fees. Skyview was tardy in paying its arbitration fee. Cvejic was entitled to get out." Milan Cvejic v. Skyview Capital, LLC, […]
Mandatory Fee Arbitration Act Fee Provisions Prevailed Over Contract Fee Provisions. Oscar Wilde. c1882. N. Sarony. Library of Congress. Oscar Wilde is credited with the paraprosdokian, "One would have to have a heart of stone to read the death of Little Nell without laughing." Our next case provokes similar sentiments. Surjit P. Soni v. […]
Once The Arbitrator Determines All Issues Necessary To Resolve The Essential Dispute, The Arbitrator's Ruling Constitute A Final Award Under § 1283.4. The arbitrator issued an award, labeled neither final nor interim, on April 3, 2020, denying employee a finding of liability in her favor, and denying employee and respondent employer attorney's fees, on […]
Just Because Some Work Was Done By An Attorney Not Licensed In California Doesn't Necessarily Mean The Arbitration Agreement Or The Fee Agreement Is Unenforceable. Plaintiff Mark Brawerman sued Loeb & Loeb, arguing the law firm failed to protect his interests in negotiating with the venture capital firm Wasserstein & Co., resulting in the […]
Who Decides Illegality Of A Contract, The Arbitrator Or The Court? Michael Bacall, an actor, was represented by Jeffrey Shumway, an attorney, who provided "legal/management services and [Chief Content Officer] services." Bacall alleged Shumway failed to disclose he was "inactive" with the State Bar, and Bacall terminated the contract with Shumway and his company […]
Arbitration Provision Allowing For Public Injunctive Relief Does Not Violate McGill Rule. The so-called McGill rule states California’s legal requirement that contracts allow public injunctive relief. So what happens if a contract requires arbitration of disputes, provides for all remedies in arbitration, and further provides that the claimant cannot act as a private attorney […]
Inconspicuous As A Frog In A Thicket Of Water Lilies . . . "Too lazy to feed himself, Washington, D.C., Aug. 15. Just plumb too lazy to catch his food on the fly like regular frogs do, Popeye, giant frog from Louisiana in the U.S. Department of Commerce aquarium, has to be fed his […]
This Case Is Must Reading For Determining Whether An Arbitrator's Ruling Is An Award. "As this case highlights, whether an arbitrator's ruling constitutes an 'award' is a significant event." Lonky v. Patel, B295314 consolidated with B297632 (2/2 7/2/20) (Hoffstadt, Lui, Chavez). Indeed. The arbitrator can continue to issue interim rulings before there […]