The Two Agreements Were Read Together As One Agreement. In Silva v. Cross Country Healthcare, Inc., B337435 (2/5 6.13/25) (Hoffstadt, Moor, Kim), employees Isabel Silva, Alejandro Garcia, and Janai Velasco challenged their employer’s attempt to compel arbitration of their wage-and-hour and related claims. Each plaintiff had signed two agreements at hiring: (1) an Arbitration […]
The Opinion Applies Established California Unconscionability Law. In Velarde v. Monroe Operations, LLC, 111 Cal.App.5th 1009 (4/3 6/6/25) (Sanchez, Moore, Motoike), the California Court of Appeal affirmed denial of a motion to compel arbitration. Newport Healthcare required new hire Karla Velarde to sign an arbitration agreement as a condition of employment, presenting it among […]
The Court Of Appeal Distinguished Between The More Lenient Discovery Provisions In Vo And The Tougher Discovery Restrictions In Aixtron. In Vo v. Technology Credit Union, H051619 (6th Dist. 2/4/25) (Greenwood, Grover, Danner), the California Court of Appeal reviewed an arbitration agreement signed by Thomas Vo, an employee of Technology Credit Union (TCU). After […]
Presenting An English Contract To A Spanish Speaking Legal Client Illiterate In English Was Problematic Justo Malo Sanchez filed a legal malpractice lawsuit against Consumer Defense Legal Group and its representatives, alleging issues with the firm's handling of his case. The retainer agreement he signed contained an arbitration clause, but Sanchez argued that the […]
Mass Arbitration Model For Batching Together Claims With Common Legal Or Factual Issues Held To Be Unconscionable. The Ninth Circuit affirmed the district court's denial of Live Nation and Ticketmaster’s motion to compel arbitration in a Sherman Act antitrust class action. Skot Heckman et al. v. Live Nation Entertainment, Inc.; Ticketmaster, LLC, No. 23-55770 […]
To Sever Unconscionable Provisions Or Not To Sever . . . That Is The Question. The Ninth Circuit affirmed the district court’s decision denying USF Reddaway, Inc.’s motion to compel arbitration, finding the agreement procedurally and substantively unconscionable under California law. The court held the arbitration agreement was moderately procedurally unconscionable due to its […]
Multiple Unconscionable Provisions Does Not Necessarily Make An Arbitration Agreement Unenforceable. In Ramirez v. Charter Communications, Inc., No. S273802 (S.Ct. 7/15/24) (Corrigan, J.), Angelica Ramirez, a former employee of Charter Communications, sued the company for employment discrimination, harassment, and retaliation. Charter sought to compel arbitration based on an agreement Ramirez signed during her onboarding. […]
Court Affirms Order Denying Motion To Compel Arbitration. "On a sliding scale, the procedural and substantive unconscionability as to this arbitration agreement is high." Hasty v. American Automobile Assn. of Northern Cal., Nev. & Utah , C097674 (3rd Dist. pub. 1/6/24) (Robie, Mauro, Krause). The order denying the AAA's petition to compel arbitration is […]
Nesting dolls (Matryoshka dolls). Wikipedia. Published under GNU Free Documentation License, Version 1.2, and any subsequent versions. We can analogize the next case to a nesting doll problem. The delegation clause in an arbitration agreement (Agreement) is a mini-agreement nested in the Agreement. The Agreement is nested in an employment contract, consumer contract, or […]
Majority Of Panel Holds That Substantive Unconscionability Was Missing. Justice Stratton Dissents. Writing for the majority, Justice John Shepard Wiley Jr. explains that the above contract is enforceable, requiring the plaintiff employee to arbitrate her dispute. Though the document is manifestly illegible, Justice Wiley concludes that the contract is fair. Therefore, there is no […]