The Dispute With District 2, Div. 4, Involved The Reasoning In Patterson v. Superior Court, 70 Cal.App.5th 473 (2021) (Patterson). The Court of Appeal affirmed the trial court's court denying Charter's motion in compel arbitration. Ramirez v. Charter Communications, Inc., B309408 (2/4 3/1/22) (Willhite, Manella, Collins). The Court held that the arbitration provisions were […]
De Leon v. Pinnacle Property Management Services, LLC, G059801 (4/3 ord. to publish 12/8/21) (Marks, Fybel, Goethals). This case applies established principles to affirm the trial court's order denying employer's motion to compel arbitration. The trial court found the arbitration agreement procedurally and substantively unconscionable. Procedurally unconscionable, because it was a take-it-or […]
Ineffective Delegation Clauses, Fraud In The Execution, And Unconsciconability Result In Reversals. In Najarro v. Sup. Ct. of the County of San Bernardino; Horizon Personnel Services Inc., et al, E076328 (4/2 10/22/21) (Raphael, Codrington, Slough), the court does plenty of slicing and dicing, because there are two arbitration agreements, two sets of employees, […]
August 12, 2021 Was A Day Rich In 9th Circuit Arbitration Decisions. Santiago Lim v. TForce Logistics, LLC, No. 20-55564 (9th Cir. 8/12/21) (Smith, Owens, Robreno). This case is about the gateway decision of arbitrability, delegation of that decision, and unconscionability. The panel holds that the delegation and arbitration clauses are procedurally and substantively […]
Inconspicuous Arbitration Provision In Consumer Adhesion Contract Is Unconscionable. "We conclude the arbitration provision is unconscionable largely because it was hidden on the back side of a money transfer order form, in tiny 6-point print that we deem virtually illegible . . . . MoneyGram's Arbitration Provision shows every sign of having been designed […]
Motion To Compel Arbitration Should Have Been Granted, And One Substantively Unconscionable Provision Was Severable. In Erendira Cisneros Alvarez v. Altamed Health Services Corp., B305155 (2/8 2/4/21) (Stratton, Bigelow, Grimes), the Court of Appeal reversed a trial court's order denying a motion to compel arbitration. The arbitration provision, which is part of an employer-employee […]
The Court Avoided Deciding Whether The McGill Rule Applied. The Cabatits entered into a solar power lease agreement, and sued Sunnova Energy Corporation, alleging roof damage. The Court of Appeal affirmed the trial court's order denying Sunnova's motion to compel arbitration, because the arbitration provision was unconscionable. Cabatit v. Sunnova Energy Corporation et al., […]
Court Distinguishes Baltazar. Plaintiff Sabid Ali sued Daylight Transport, LLC, claiming he had been misclassified as an independent contractor, and alleging various California labor violations. Daylight move to compel arbitration, failed, and appealed. Sabid Ali v. Daylight Transport, LLC, No. A157104 (1/2 12/31/20) (Kline, Richman, Miller) (partial pub.). In the trial court, Daylight […]
Employer Had No Duty To Call Arbitration Agreement To Attention Of Employee. When Michael Conyer became employed by Hula Media, the employer's handbook did not have an arbitration clause. Several months later, Conyer signed the "receipt and acknowledgment" page, which was the final page of a revised employee handbook that did include an arbitration […]
Limited Discovery And Lack Of Mutuality Were Important To Result. The Court of Appeal affirmed orders denying motions to compel arbitration in Scott Davis v. Stefan Kozak et al. and Scott Davis v. Red Bull North America, Inc., A156234 & A156238 (1/3 8/19/20) (Fujisaki, Siggins, Jackson), a consolidated appeal arising from an employee's lawsuit against […]