Activities Inconsistent With Right To Arbitrate, Without Showing Of Prejudice, Is Sufficient To Find Waiver Of Right To Arbitrate. In Hofer v. Boladian, 111 Cal. App. 5th 1 (2/5 5/9/25) (Hoffstadt, Moor, Kim), the Califo In Hofer v. Boladian, 111 Cal. App. 5th 1 (2/5 5/9/25) (Hoffstadt, Moor, Kim), the Cali rnia Court of Appeal applied 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 […]
Waiver Results From Delaying Bringing Motion To Compel Arbitration Without Adequate Explanation. Britnee Campbell, a former employee of Sunshine Behavioral Health, LLC, filed a class action lawsuit in May 2022 for wage and hour violations. Sunshine entered into litigation and mediation discussions, without mentioning an arbitration agreement allegedly signed by Campbell. In November 2022, […]
Lawsuit Was Filed In March 2015 And Motion To Compel Arbitration Was Filed In March 2023. Plaintiff Joseph Semprini sued his employer Wedbush in March 2015, alleging 11 causes of action unique to him, and 7 putative class action claims for wage and hour violations. He added a representative PAGA claim in April 2015. […]
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 […]
Agreement Was Not Ambiguous. The court explained in Duran v. Employbridge Holding Company, F084167 (5th Dist. filed 4/27/23 pub. 5/30/23) (Franson, Hill, Smith) that the provision "claims under PAGA . . . are not arbitrable under this Agreement" is not ambiguous. "It is not objectively reasonable to interpret the phrase 'claims under PAGA' to […]
Defendant Consistently Asserted Right To Arbitrate And Litigation Conduct Was De Minimis. The Supreme Court case Morgan v. Sundance, Inc. (2022) has made it easier to argue that a party has waived its right to arbitrate for two reasons: first, while the party resisting arbitration bears the burden of establishing a waiver of the […]
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 […]
Because The Parties Agreed That The Federal Arbitration Act Applied, Applying The Federal Rule In Morgan v. Sundance, Inc. Was Necessary. When the first paragraph of an opinion tells us that the party seeking to compel arbitration waited 19 months to bring a motion to compel arbitration, the court has pretty much telegraphed that […]
Defendant Waived Right To Arbitrate, Despite Minor Delay In Seeking To Compel Arbitration. The unusual circumstances in our next case explain the Court of Appeal's conclusion that defendant waived the right to arbitrate, despite a comparatively minor delay in seeking arbitration. Mary Leger v. R.A.C. Rolling Hills et al, D080705 (4/1 10/17/22) (McConnell, Irion, Do). […]