Category: Arbitration: Section 1281.2

Unconscionability, PAGA, 1281.2, FAA: CCA 2nd Dist. Div. 6 Holds Iskanian Survives, Sort Of

December 11, 2022 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: PAGA, Arbitration: Section 1281.2, Arbitration: Unconscionability

Court Of Appeals Affirms Denial Of Motion To Compel Arbitration. It's alive, it's alive ! We harbor the suspicion that Navas v. Fresh Venture Foods, LLC, B31288A (2/6 11/21/22) (Gilbert, Yegan, Perren), was published so that the Court of Appeal could tell us that while Viking River Cruises v. Moriana overrules Iskanian, to […]

Arbitration, Agency, Enforceability, Section 1281.2: Nursing Facility Is Unable To Enforce Arbitration Provision Because Children’s Claims Were Not Subject To Arbitration

July 25, 2019 · Arbitration: Agents, Arbitration: Enforceability, Arbitration: Section 1281.2

And Prospect Of Inconsistent Results Meant Father's Claims Could Not Be Arbitrated While Children's Claims Were Litigated. Nursing homes continue to be a fertile source of cases concerning the enforcement of arbitration clauses. This is not surprising, because a patient, especially an elderly patient, who enters a nursing facility may be infirm or incompetent; […]

Arbitration: Tetrad Of Unpublished Cases Present Issues Concerning Mandatory Fee Arbitration, Res Judicata, Existence Of Agreement, 1281.2, Appealability

November 29, 2018 · Arbitration: Appealability, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Existence of Agreement, Arbitration: MFAA, Arbitration: Section 1281.2

Ferguson v. Camarillo Health Care District, B281856 (2/6 11/28/18) (Tangeman, Gilbert, Yegan) (unpublished). When a an opinion begins, "Calling it an 'unproductive waste of time,' attorney Ralph T. Ferguson did not participate in mandatory arbitration of a fee dispute with his client Camarillo Health Care District (CHCD). The arbitrators ruled in favor of […]

Arbitration: Existence Of Agreement; Nonsignatories; Section 1281.2: 2/6 DCA Reverses Denial Of Motion To Compel Arbitration Based On Integration Clause Being Found Dispositive

June 27, 2018 · Arbitration: Existence of Agreement, Arbitration: Nonsignatories, Arbitration: Section 1281.2

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 […]

Arbitration: Nonsignatories; Section 1281.2: Brokers Were Third Parties Not Compelled To Arbitrate And Prospect Of Conflicting Rulings Further Justified Denial Of Petition To Compel Arbitration In Seller-Purchaser Dispute

June 15, 2018 · Arbitration: Nonsignatories, Arbitration: Section 1281.2

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 […]

Arbitration: Existence Of Agreement/1281.2/Stay: Incorporation By Reference Works This Time, But It’s Not The End Of The Story

February 21, 2018 · Arbitration: Existence of Agreement, Arbitration: Section 1281.2, Arbitration: Stay

Settlement Agreement Incorporated Arbitration Clause In Licensing Agreement — But Only Claims Arising Out Of Or In Connection With Any Provision In The Licensing Agreement Could Be Arbitrated. On February 9, 2018, we posted about Cirile v. Petersen-Dean, an unpublished case, in which incorporation by reference was too amorphous and vague to incorporate an […]

Arbitration/CCP 1281.2/FAA/Existence Of Agreement: 4/3 CCA Hold That, Despite Interstate Commerce, Procedural Aspects Of California Arbitration Act Apply Where Contract Is Silent About Application Of FAA To Procedure

October 2, 2017 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2

Oh, And An Attempt At Incorporation By Reference Failed To Create An Arbitration Agreement. Lennar Corporation v. General Security Indemnity Company of Arizona, G053418 (4/3 9/28/17) (Fybel, Aronson, Ikola) (unpublished) involved a dispute between a developer, Lennar, and its excess insurer, General Security, arising after a "drywall product manufactured in China and used in Lennar […]

Arbitration/Public Policy/Section 1281.2/Correction: Award Is Corrected Because Arbitrator Incorrectly Ruled That Plaintiff Breached Arbitration Agreement By Choosing To File A Lawsuit

September 29, 2017 · Arbitration: Gateway Issues, Arbitration: Public Policy, Arbitration: Section 1281.2, Arbitration: Section 1286.6 Correction by Court

Arbitrator Acted Beyond Powers Because Award Violated Party's Statutory Rights And Clearly Defined Public Policy. Instead of initiating arbitration, a party subject to an arbitration agreement chooses to file a lawsuit when a dispute arises. Has the party breached the arbitration agreement? And if the arbitrator issues an award by holding […]

Arbitration, Class Action, Waiver: Defendant Who Decides Not To Arbitrate Against Named Plaintiff Waives Right To Compel Arbitration Against Absent Class Members

August 28, 2017 · Arbitration: Class, Arbitration: Section 1281.2, Arbitration: Waiver

Unreasonable Delay Supported Trial Court's Finding Of Prejudice, Resulting In Waiver Of Right To Arbitrate. Sprunk, et al. v. Prisma LLC, B268755 (2/1 8/23/17) (Lui, Chaney, Johnson) holds that, under the circumstances, defendant Prisma LLC aka "Plan B", an employer of exotic dancers, waived its right to seek arbitration "by filing and then […]

Arbitration, CCP 1281.2, FAA Preemption: Second District, Div. 8 Holds That Procedural Provisions In California Arbitration Act Are Not Preempted By The FAA, Allowing Court Proceedings To Go Forward, Without Having To Arbitrate

July 13, 2017 · Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2

The Holding Fills A Gap In California Law. Los Angeles Unified School District v. Safety National Casualty Corporation, B275597 (2/8 7/12/17) (Grimes, Bigelow, Sortino) addresses a problem that can bedevil litigators when a party seeks to use California Code of Civil Procedure section 1281.2 to thwart arbitration. Section 1281.2 allows a court to deny a […]