Category: Arbitration: Jurisdiction

Arbitration/Gateway Issues/Waiver/Employment: Court Of Appeal Affirms Order Denying Employer’s Motion Seeking To Compel Kurt The CyberGuy To Arbitrate

August 12, 2014 · Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Gateway Issues, Arbitration: Jurisdiction, Arbitration: Waiver, Celebrities

Opinion Addresses Substantive Versus Procedural Arbitrability – And Who Gets To Decide Kurt Knutsson, aka Kurt the CyberGuy, and his company, Woojivas, Incorporated, filed claims against KTLA, LLC, a television broadcaster, for breach of contract, misappropriating CyberGuy’s name and likeness, unfair business practices, and age discrimination. The company brought a motion to compel arbitration […]

Employment/Construction of Arbitration Agreement: Fourth District, Div. 3 Certifies Rebolledo v. Tilly’s, Inc. For Publication

August 6, 2014 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Jurisdiction, Pending Cases

Court Agreed With Trial Court That Parties’ Arbitration Agreement Expressly Excluded Statutory Claims From The Arbitration Obligation. On July 14, 2014, I blogged about Rebolledo v. Tilly’s, Inc., in which the Court of Appeal, 4th District, Division 3, affirmed the trial court’s order denying an employer’s motion to compel arbitration of an employee’s putative […]

Arbitration/Construction Of Agreement/Jurisdiction: Parties’ Arbitration Agreement Expressly Excluded Statutory Wage Claims From Arbitration Because It Excluded Claims “Within The Jurisdiction” Of The California Labor Commission

July 14, 2014 · Arbitration: Construction of Agreement, Arbitration: Jurisdiction

Just A Matter Of Contract Interpretation Judges must relax a little when they can say, as does Justice O’Leary, the author of the next opinion, “The sole issue presented in this appeal is simply a matter of contract interpretation.” Rebolledo v. Tilly’s, Inc., G048625 (4th Dist. Div. 3 July 8, 2014) (O’Leary, Ikola, Thompson) […]

Arbitration/Jurisdiction: Plaintiff Appeals Judgment Confirming Adverse Award, Court Of Appeal Vacates Judgment, And Court Of Appeal Orders Dismissal For Lack Of Subject Matter Jurisdiction

April 29, 2014 · Arbitration: Jurisdiction

A Refresher On When Subject Matter Jurisdiction Can Be Raised As An Issue: Anytime We inaugurate a new sidebar category: Jurisdiction. The next case, involving an employee’s appeal of a judgment confirming an adverse arbitration award, is a useful refresher on a fundamental point concerning lack of subject matter jurisdiction: it’s never too […]