And The Attack On Arbitrator's Bias Came Too Late. The trial judge in Rivera v. Shivers et al., G057919 (4th Dist. Div. 3 8/31/20) (Bedsworth, Thompson, Goethals) sua sponte ordered the unlawful detainer action to mandatory statutory arbitration. What could go wrong? For one thing, unlawful detainer actions are exempt from mandatory statutory arbitration. […]
Case Was Governed By State Law Rather Than The Federal Arbitration Act. The defendant landlord in Keisa Williams et al. v. 3620 W. 102nd Street, Inc., et al., B297824 (2/8 8/24/20) (Wiley, Grimes Stratton), did not discharge the burden of establishing that the residential lease at issue involved interstate commerce, and hence California state […]
Landlord Wanted To Reset Rent From $9,488 Per Month To $26,000 Per Month . . . Commercial leases commonly provide a mechanism for resetting the rent. Ten days after Selective purchased property for $3,425,00, subject to Goodrich's long-term commercial ground lease, Selective sought to increase the rent by $16,512 per month, based on […]
As A Result, Tenant Who Wants To Arbitrate Can’t California Code of Civ. Proc. section 1953(a) provides, “Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy: . . . […]