The Parties Failed To Initial The Jury Waiver, But They Did Sign A "Certification." "What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?" That's the question presented in Martinez v. BaronHR, Inc., et al, B296858 […]
The US Supreme Court Was In Agreement About This One. The Supreme Court has held unanimously, with Justice Sotomayor concurring, that the "New York Convention does not conflict with the enforcement of arbitration agreements by nonsignatories under domestic-law equitable estoppel doctrines." GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, […]
A Critical Letter Provided The Evidentiary Linchpin. The Court of Appeal in Gamma Eta Chapter of PI Kappa Alpha, B25667 (2/8 2/6/20) (Wiley, Bigelow, Grimes), reversed the trial court's order denying a motion to compel arbitration and remanded so that the trial court could grant the motion and stay the case pending arbitration. The […]
This Case Involves The Ability Of Co-Employers To Compel Arbitration With Workers Where Workers Have An Arbitration Agreement With The Co-Employer They Do Not Sue, And Do Not Have An Arbitration Agreement With The Co-Employer They Do Sue. We blogged about Vasquez v. San Miguel Produce, Inc. on January 4, 2019, at which […]
Court Of Appeals Also Distinguishes Between Arbitrator's Power To Deny Attorneys' Fees To Prevailing Party And Court's Error In Denying Attorneys' Fees Incurred In Postarbitration Proceedings. The Court of Appeal has done something very useful in this 57-page slip opinion concerning arbitration proceedings, and we like that. The Court has summarized its holding […]
Staffing Agency Signed Arbitration Agreement, Packing Employer Did Not Sign. Packing fresh prunes at night on Produce Row during busy season, wages two cents per box. Washington, Yakima. Dorothea Lange, photographer. August 1939. Library of Congress. Plaintiffs/Respondents Vasquez and Zacarias […]
Issues Covered Include Class Action, Unconscionability, Powers Of Arbitrator, Enforcement, Non-Signatories, PAGA, Severability, Costs. Martinez v. Ready Pac Produce, Inc., B279225 (2/3 11/20/18) (Lavin, Egerton, Dhanidina) (Unpublished): Waiver Of Class Action Meant Employee Could Not Participate In Pending Class Action. The Court of Appeal reverses order denying employer Read Pac's motion to compel […]
The Security Agreement Included An Arbitration Clause, But The Purchase Agreement Did Not. It is not unusual for a consumer to execute more than one agreement at the time of purchase, only one of which contains an arbitration clause. Such was the case in Fuentes v. TMCSF, Inc., E066242 (4/2 8/23/18) (Ramirez, Slough, […]
However, Wife’s Loss Of Consortium Claim Not Subject To Arbitration And Trial Court On Remand Had To Consider Third Litigation Exception As Basis To Deny Motion To Compel. In Williams v. Atria Las Posas, Case No. B282513 (2d Dist., Div. 6 June 27, 2018) (published; Tangeman, J., author, concurred in by Gilbert, P.J. and […]
Different Tracks For Different Parties, Creating Chaos, Was Good Back-Up Reasoning For Denial. In Kim v. Kim, Case No. B283786 (2d Dist., Div. 8 June 13, 2018) (unpublished) (Rogan, J., Orange County Superior Court Judge sitting by assignment, concurred in by Rubin, Acting P.J. and Grimes, J.), defendants (all residential property seller affiliates) appealed […]