Category: Arbitration: Unconscionability

Unconscionability/Enforceability: Incorporation by Reference of Arbitration Policy in Employee Handbook Was Procedurally Unconscionable.

February 26, 2012 · Arbitration: Employment, Arbitration: Unconscionability

Employer Failed to Attach the Rules . . . Petitioner Zullo sued her employer Inland Valley Publishing Co. (Inland), for wrongful termination. The superior court granted Inland’s petition to compel arbitration and stayed the civil proceedings. Petitioner challenged the ruling by way of writ of mandate. Zullo v. Sup. Ct., 197 Cal.App.4th […]

Enforceability/Mandatory Fee Arbitration/Fee Dispute/Standard of Review: Binding Fee Arbitration Under the Mandatory Fee Arbitration Act is an Oxymoron and Resulting Award is Unenforceable

February 25, 2012 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Fees, Arbitration: MFAA, Arbitration: Unconscionability

Arbitration Agreement Containing Inconsistencies Between California Arbitration Act (CAA) and Mandatory Fee Arbitration Act (MFAA) is Interpreted Against the Law Firm That Drafted It “The fundamental problem in this case . . . arises from an internal inconsistency in the arbitration clause, which states that “[a]ny dispute pertaining to the fees owed […]

Unconscionability: Delegation Clause in Arbitration Agreement Does Not Render Entire Arbitration Agreement Unconscionable

February 25, 2012 · Arbitration: Unconscionability

Arbitration Agreement Wasn’t Permeated With Unconscionability Htay Htay Chin sued Advanced French Concepts Franchise Corp. (AFC) over a sushi franchise. AFC then moved to compel arbitration. Chin argued that the arbitration agreement, which included a “delegation provision”, was unconscionable – and the trial court agreed, denying the motion to compel arbitration. This resulted in […]

Arbitrability of FEHA Claims/Minimum Requirements/Unconscionability/Severability/Employment

February 21, 2012 · Arbitration: Employment, Arbitration: Severability, Arbitration: Unconscionability

Leading Case of Armendariz v. Foundation Health Psychare Services, Inc. Sets Forth Minimum Requirements for Valid Arbitration Provision The leading case Armendariz v. Foundation Health Psychare Services, Inc., 24 Cal.4th 83 (2000), was authored by the late great Justice Stanley Mosk (1912 to 2001). The opinion is important because it provides that FEHA […]