Category: Arbitration: Section 1281.2

Arbitration/CCP 1281.2: Allegations Defendants Are Agents of One Another Are Not Necessarily Judicial Admissions that Defendants Can Use to Compel Arbitration

April 18, 2013 · Arbitration: Section 1281.2

Only Factual Allegations Admitted By The Opposing Party Count As Judicial Admissions Section II of our next case is certified for publication. It addresses the issue of when an allegation in a complaint that defendants are agents of one another is binding on plaintiff. The issue is relevant to arbitration, because an argument often […]

Arbitration/1281.2: Fourth District, Division 3 Affirms Denial Of Petition To Arbitrate Based On Risk of Inconsistent Rulings

March 13, 2013 · Arbitration: Section 1281.2

The Inconsistent Rulings Could Have Resulted In Inconsistent Remedies – A Practical Consideration “The court, in a thorny litigation matter over technology licensing and investment fraud, denied a motion to compel arbitration of the issues arising under a cross-complaint. It held that there was an apparent risk of conflicting rulings between an arbitration […]

Arbitration/Waiver/CCP 1281.2: Six-Year Delay In Seeking Arbitration Results In Waiver Of Right To Arbitrate

February 23, 2013 · Arbitration: Section 1281.2, Arbitration: Waiver

L.A. Law: Top-Notch Law Firm Claimed Delayed Discovery Of Arbitration Agreement, But Court of Appeal Wasn’t Buying It Snippets of the trial court record selected by the Court of Appeal can be very telling. Here, the trial court, troubled by defendants’ claim of delayed discovery of an arbitration agreement, observed: “I guess one of […]

Arbitration/Standard of Review/CCP 1281.2/Nonsignatories: Nonsignatories Created Possibility of Conflicting Rulings And Also There Was Evidence That Aged Plaintiff Never Agreed To Arbitrate

November 9, 2012 · Arbitration: Nonsignatories, Arbitration: Section 1281.2, Arbitration: Standard of Review

Standard of Review Was Crucial To Affirmance of Trial Court’s Order Denying Motion to Compel Arbitration What a difference the standard of review can make. Plaintiff Thiel, an investor, sued MKA Real Estate Qualified Fund I, LLC for investment mismanagement. Several investment advisors, as well as real estate developers, were named as co-defendants. […]

Arbitration/Scope/Fees: Court of Appeal Affirms Arbitration Award Leaving Out Attorney Who Refused Arbitration

October 31, 2012 · Arbitration: Class, Arbitration: Fees, Arbitration: Scope, Arbitration: Section 1281.2

Standing On One’s Right May Not Always Be The Best Way To Protect One’s Rights The stake in the next case was a share of a $380,000 attorney’s fees award in a class action lawsuit. The parties included the class, whose representative was McCall, and two law firms that had represented the class: Morris […]

Arbitration/FAA Preemption: Justice Gilbert Answers Question of Federal Arbitration Act Preemption

October 10, 2012 · Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2

It All Depends Justice Gilbert addresses the issue of when federal preemption applies in consolidated appeals of Mastick v. TD Ameritrade, Inc. and Mastick v. Oakwood Capital Management, Inc., LLC, Nos. B237475 and B238070 (2nd Dist. Div. 6 October 9, 2012) (published). “We answer the question when it does with judges’ and lawyers’ habitual, […]

Arbitration/Fees: Plaintiff’s Request for Fees for Defeating a Petition to Compel Arbitration in Pending Lawsuit Is Unsuccessful, Because Defendant Prevailed In the Whole Lawsuit

May 27, 2012 · Arbitration: Fees, Arbitration: Section 1281.2

Under Civil Code Section 1717, There May Be Only One Prevailing Party Entitled to Recover Attorney’s Fees on Given Contract In Given Lawsuit The key to our next case, involving arbitration and attorney’s fees, turns on a nice point that may at first seem a technicality but is actually material and dispositive here. […]

Arbitration/Fees/Appealability: Order Denying Petition to Compel Arbitration Is Not (Necessarily) An Appealable Order

April 23, 2012 · Arbitration: Appealability, Arbitration: Fees, Arbitration: Section 1281.2

Some Orders Denying Petitions to Compel Arbitration Are More Equal than Others Defendant and Appellant Zani Mansouri spent over $200,000 in a patio improvements dispute with her HOA, Plaintiff and Respondent Fleur Du Lac Estates Association. Naturally, she hoped to recover her fees and costs after the trial court earlier granted the HOA’s […]

Arbitration: Third District Rules That FAA Does Not Preempt California Arbitration Statute Allowing for Denial of Arbitration Where There Is Possibility of Conflicting Rulings

April 11, 2012 · Arbitration: Equitable Estoppel, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Section 1281.2, Arbitration: Section 1295 (Medical Malpractice)

Elder Abuse of Parent and Emotional Distress of Daughter Set Up Possibility of Conflicting Rulings The trial court denied motions of operators of skilled care nursing facilities to compel arbitration of parent’s Elder Abuse claim that was subject to arbitration. Why? Because the daughter’s claim of emotional distress caused by her mother’s alleged […]

Arbitration/Section 1281.2/Equitable Estoppel: 4th District, Division 2 Applies Section 1281.2 and Equitable Estoppel To Reverse Trial Court’s Orders That Had Stayed Arbitration And Had Denied Petition To Arbitrate

March 31, 2012 · Arbitration: Equitable Estoppel, Arbitration: Section 1281.2

Inland Empire Dustup Presented Unique Procedural Issue – But The Court Didn’t Resolve It The Court of Appeals noted at the outside that “we have not found a case that involves the same procedural facts as those presented here, namely, a case in which a party to an ongoing contractual arbitration files a […]