California Mediation and Arbitration

Category: Arbitration: Standard of Review

Waiver: Fourth District Div. 2 Holds Lengthy Delay And Failure To Timely Take Affirmative Steps To Arbitrate Results In Waiver Of Right To Arbitrate

January 11, 2023 · Arbitration: Arbitrability, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Collective Bargaining, Arbitration: Standard of Review, Arbitration: Waiver

Thirty-Nine Page Slip Opinion Hinges On Issue Of Waiver.         The Court of Appeal addresses a variety of issues in the context of a complicated procedural history in Desert Regional Medical Center v. Leah Miller and Desert Regional Medical Center v. Lynn Fontana, E076058 and E076069 (4/2  1/6/23) (Codrington, Ramirez, Raphael).          The procedural history […]

Jurisdiction, International Arb, FAA, Standard Of Review: Ninth Circuit Reminds Us Of Its Limited Ability To Fix Things In Arbitration When They Go Wrong To

December 27, 2022 · Arbitration: International, Arbitration: Jurisdiction, Arbitration: Standard of Review

It Is With A Heavy Heart That A Ninth Circuit Panel Tells Us It Can't Fix A Mess.         "This award shows in stark terms the real risks that parties assume when they trade away their right to adjudicate their claims in court for the potential efficiencies of arbitration. When, as here, things go wrong, […]

Arbitration, Enforceability, Employment: Ninth Circuit Holds Arbitration Agreement Enforceable Against Farm Worker Because No Economic Duress

December 29, 2021 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Standard of Review

Just Following The Law, Or Gaslighting?         Farmworker Martinez-Gonzalez, on behalf of himself and other employees, brought a wage and hour lawsuit against a farm labor contractor and a grower. The district court held that defendants could not enforce an arbitration agreement, because the employee had signed under economic duress or undue influence. […]

Arbitration, Authentication, Standard Of Review, Employment: First District Div. 5 Agrees That Employer Failed To Authenticate Electronic Signature On Arbitration Agreement

June 5, 2021 · Arbitration: Authentication, Arbitration: Employment, Arbitration: Health Care, Arbitration: Standard of Review

Authentication Of Electronic Signatures Continues To Trip Up Employers.         The trial court denied the employer's motion to compel arbitration, because the employee Bannister "presented evidence that she never saw the [arbitration] agreement during the  onboarding process and did not affix her  electronic signature to it," and the  Court of Appeal affirmed. Maureen Bannister v. […]

Arbitration, Vacatur: Arbitrator’s Inappropriate Ex Parte Communications Result In Vacation Of Arbitration Award

May 11, 2021 · Arbitration: Disclosures, Arbitration: Section 1286.2 Vacatur, Arbitration: Standard of Review

Plaintiff/Appellant Did Not Need To Prove That Arbitrator's Ex Parte Communications Led To Adverse Award.         A rather unusual case, this. Joanna G. Grabowski, an in pro per plaintiff/appellant successfully vacated an adverse arbitration award in a malpractice arbitration she brought against Kaiser. Joanna G. Grabowski v. Kaiser Foundation Health Plan, Inc., et al, No. […]

Arbitration, Standard Of Review: 1st District Div. 5 Independently Reviews Arbitrator’s Questions Of Law Under Cable Connection, Inc.

September 3, 2020 · Arbitration: Standard of Review

An Arbitrator's Decision Is Not Ordinarily Reviewable For Error . . . Unless The Parties Agree That It Is In California State Courts.         In Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC, A157688 (1/5  8/18/20) (Jones, Simons, Needham), high stakes depended on whether a contract between the Oakland-Alameda County Coliseum Authority and Golden […]

Arbitration, Nonsignatories: 2nd District Div. 8 Holds Nonsignatory Is Able To Compel Another Nonsignatory To Arbitrate Based On “Stipulation”

February 11, 2020 · Arbitration: Nonsignatories, Arbitration: Record, Arbitration: Standard of Review

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 […]

Arbitration, Waiver, Standard Of Review: Delay, Substantial Invocation Of Litigation Machinery, And Prejudice Result In Waiver Of Right To Arbitrate

September 20, 2019 · Arbitration: Standard of Review, Arbitration: Waiver

Was Delay In Requesting Arbitration Simply A "Strategic Convenience" For Defendants?     Spracher v. Paul M. Zagaris, Inc. [Zagaris], and Higashi v. Disclosure Source, A1952941, A152962 (1/3   9/17/19) (Petrou, Siggins, Fujisaki), is a consolidated appeal brought by defendants in a class action in which plaintiffs alleged that defendants schemed to defraud plaintiffs. Plaintiffs were […]

Arbitration, Internet Commerce: 9th Circuit Tests Limits Of “Reasonably Conspicuous” Provision In Internet Commerce Adhesion Contract

June 17, 2019 · Arbitration: Burden of Proof, Arbitration: Existence of Agreement, Arbitration: Internet Commerce, Arbitration: Standard of Review

Plaintiff Had To Jump Through Hoops To Get To Arbitration Clause.         For our next case, we add a new sidebar category: "Arbitration: Internet Commerce." "This case tests the outer limits of what constitutes a 'reasonably conspicuous' provision as part of the terms of usage so prevalent in the adhesion contracts of modern internet commerce," […]