Category: Arbitration: Nonsignatories

Arbitration: Nonsignatories: 2/4 DCA Reverses Arbitration Award Against Nonsignatory Alter Ego Where Arbitrator Included Nonsignatory In Arbitration

May 18, 2018 · Arbitration: Nonsignatories

Appellate Court Found That Trial Judge Must Make Determination To Add Alter Ego Nonsignatory, With JAMS Rule Not Dictating A Different Result. Benaroya v. Willis, Case No. B281761 (2d Dist., Div. 4 May 17, 2018) (published) (Willhite, J., concurred in by Epstein, P.J. and Collins, J.) (yes, the matter did involve action star Bruce […]

Arbitration, Agents, Nonsignatories, Equitable Estoppel: U-Haul Can’t Enforce Arbitration Provision Against Nonsignatory Employee Of Employee Renting Truck

December 13, 2017 · Arbitration: Agents, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

Court Of Appeal Rejects Third-Party Beneficiary, Agency, And Judicial Estoppel Arguments Made By U-Haul. Unable to find "any authority addressing precisely analogous circumstances," the Court of Appeal decides a case of first impression in Jensen v. U-Haul Co. of California, E065887 (4/2 12/11/17) (Codrington, McKinster, Slough). The case involves "an attempt to enforce […]

Arbitration, Appealability, Nonsignatories: 9th Circuit Grants Writ, Vacates Order Granting Motion To Stay And To Compel Arbitration Obtained By Alleged Zombie Cookie User

September 5, 2017 · Arbitration: Appealability, Arbitration: Nonsignatories, Arbitration: Stay

How Do You Like Them Zombie Cookies? "I walked with a Zombie." 1943. The Ninth Circuit granted a petition for a writ of mandamus and vacated the district court's order that had granted Turn, Inc.'s motion to stay a putative class action and compel arbitration with Turn, Inc., the alleged user of "zombie" cookies. […]

Arbitration, Enforceability, Consumers, Existence Of Agreement, Nonsignatories: Assignee Of Credit Card Account Agreement Could Enforce Arbitraiton Provision Against Credit Card Holder

August 2, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Nonsignatories

Existence Of Agreement Was Established With Affidavit Of A Person With First-Hand Knowledge Of Procedures. Early Example Of Credit Card. Plaintiff Yenko filed a putative class action lawsuit against Crown Asset Management, LLC, a debt buyer that purchased plaintiff's alleged charged-off credit card debt. The trial court held that Crown, as the assignee of […]

Construction Of Arbitration Agreements/Non-Signatories: Homes Sellers Will Be Required To Arbitrate Disputes With Brokers And Service Providers

June 13, 2017 · Arbitration: Confidentiality, Arbitration: Nonsignatories

Must Reading For Home Sellers, Brokers And Service Providers Who Want To Understand Their Obligations To Arbitrate. Home sellers sign Residential Listing Agreements (RLAs) with their brokers, and Residential Purchase Agreements (RPAs) with their buyers. Both RLAs and RPAs constantly undergo drafting revisions in California. And both types of standard agreements include arbitration […]

Arbitration, Equitable Estoppel, Agents: Hourly Employee Hired Out By Temporary Staffing Company Is Compelled To Arbitrate With Company To Which He Is Assigned — Though That Company Is A Non-Signatory To Arbitration Agreement

April 26, 2017 · Arbitration: Agents, Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

Equitable Estoppel And Agency Theories Required The Employee To Arbitrate With The Non-Signatory Company. I suspect that that the facts in our next case are far from unique. In Garcia v. Pexco, LLC, G052872 (4/3 4/24/17) (Ikola, Aronson, Thompson) (unpublished), plaintiff Garcia was hired by Real Time, a temporary staffing company, and assigned […]

Enforcement Of Arbitration Agreement, Non-Signatories: Ninth Circuit Affirms Order Denying Samsung’s Motion To Compel Arbitration Of Class Complaint Filed By Purchaser Of Galaxy S4 Phone

January 20, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Customer Agreement With Verizon And Samsung Product And Safety & Warranty Agreement In The Box Failed To Bind Plaintiff To Arbitrate. In Norcia v. Samsung Telecommunications America, LLC, et al., No 14-16994 (9th Cir. 10/17/17) (Ikuta, Thomas, Bea), Judge Ikuta provides in depth analysis of whether a 101 page brochure containing an arbitration provision […]

Arbitration, Nonsignatories, Equitable Estoppel and Third-Party Beneficiaries: Temporary Staffing Agency’s Arbitration Clause With Workers Did Not Allow Client With Whom Workers Were Placed To Compel Arbitration

July 18, 2016 · Arbitration: Equitable Estoppel, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Third-Party Non-Signatory Owed Duties Under Labor Code To Plaintiff, Independent Of Plaintiff’s Contract. Zepeda v. Paramount Citrus Packing Company LLC, F071593 (5th Dist. 7/14/16) (Pena, Levy, Smith) (unpublished) distinguishes two situations: (1) a plaintiff whose relationship with a third-party non-signatory merely presumes the existence of a contract; and (2) a plaintiff whose rights […]

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 […]