California Mediation and Arbitration

Category: Arbitration: Waiver

Arbitration/Employment/Construction of Agreement/Waiver: Second District, Div. 6, Affirms Trial Court’s Refusal To Preclude Employee With Statutory Grievance From Filing Judicial Action

November 8, 2013 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Waiver

Employee Here Did Not Clearly And Unmistakably Waive Right To A Judicial Forum      Certain distinctions are importantly at play in Volpei v. County of Ventura, Case No. B243954 (2nd Dist. Div. 6 Nov. 7, 2013) (Gilbert, P.J., author 3:0):  statutory versus contractual rights, mandatory versus voluntary arbitration, unilateral versus bilateral right to initiate arbitration, […]

Arbitration/Employment/Class Action/Waiver: Fourth District, Division 2 Reverses Trial Court’s Denial Of Petition To Compel Arbitration Of Employee Claims

November 1, 2013 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

The Court Of Appeal Also Directs Entry Of Order Granting Employer’s Petition To compel Arbitration On An Individual Basis      Employee Arroyo’s complaint alleged his employer engaged in wage and hour practices that violated the California Labor Code.  The trial court denied the employer’s petition to compel arbitration, but this denial was reversed on appeal […]

Arbitration/Employment/Waiver/Standard of Review: Fourth District, Division 1 Satisfied That Substantial Evidence Supports Finding Of Waiver Resulting From Delay And Considerable Discovery

August 4, 2013 · Arbitration: Employment, Arbitration: Standard of Review, Arbitration: Waiver

Employer Didn’t Want To Arbitrate      Usually employees want their day in court, and employers try to arbitrate, but our next case presents “the unique situation where . . . the employer refuses to arbitrate, arguing the employee waived her contractual rights to arbitrate.”  The Court of Appeal had no difficulty satisfying itself that “substantial […]

Arbitration/Employment/Waiver/Public Policy: Second District, Div. 1, Holds That Employer’s Right To Arbitrate Some Claims Was Not Waived, Because The Employee Had Not Shown Prejudice, But That PAGA Claims Could Not Be Arbitrated

July 28, 2013 · Arbitration: Employment, Arbitration: Public Policy, Arbitration: Waiver

PAGA Claims Could Not Be Arbitrated Because PAGA Is For The Benefit Of The Public, Not Private Parties      In Harvey v. Yellowpages.com, Case No. B239733 (2nd Dist. Div. 1 July 22, 2013) (Mallano, J., author of majority opinion) (unpublished), the Court considered whether the trial court properly denied an employer’s petition to compel arbitration […]

Arbitration/FAA/Waiver/Public Policy: 6th District Holds Federal Arbitration Act Does Not Permit Arbitration Agreements to Override Statutory Right To Bring Representative Claims Under PAGA

June 8, 2013 · Arbitration: Employment, Arbitration: Public Policy, Arbitration: Waiver

Same Issue Is Pending Before California Supreme Court in Iskanian      Does the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011) permit arbitration agreements to override the statutory right to bring representative claims under the Labor Code Private Attorneys General Act of 2004 (PAGA)?  That’s the issue pending before the […]

Arbitration/Waiver/CCP 1281.2: Six-Year Delay In Seeking Arbitration Results In Waiver Of Right To Arbitrate

February 23, 2013 · Arbitration: Section 1281.2, Arbitration: Waiver

L.A. Law:  Top-Notch Law Firm Claimed Delayed Discovery Of Arbitration Agreement, But Court of Appeal Wasn’t Buying It      Snippets of the trial court record selected by the Court of Appeal can be very telling.  Here, the trial court, troubled by defendants’ claim of delayed discovery of an arbitration agreement, observed:  “I guess one of […]

Arbitration/Employment/Waiver/FAA: First District, Div. 1, Affirms Judgment Compelling Employee To Arbitrate, Alone, With Macy’s Department Stores, Inc.

January 20, 2013 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Record, Arbitration: Waiver

Court of Appeal Is Skeptical About Gentry, But Avoids Addressing Gentry Factors, Because Record Was Lacking        Macy’s Department Store’s Flagship location in Manhattan, New York.  Carol M. Highsmith Collection.  Library of Congress.      The issue of the enforceability of class action waivers and compulsory arbitration in employment disputes is before the California Supreme […]

Arbitration/Employment/FAA/Class Action/Waiver: Second District, Division 1 Holds That Gentry Is Not Overruled By Concepcion or Stolt-Nielsen

November 27, 2012 · Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Gentry Rides Again!       Franco v. Arakelian Enterprises, Inc., Case No. B232583 (2nd Dist. Div. 1 Nov. 11, 2012) (Mallano, J.) (published) is a long, scholarly opinion, containing a probing analysis of what may now be the hottest arbitration issue: how to resolve the collision between a class action waiver in arbitration and vindication of […]

Arbitration/Class Action/FAA/Waiver: United States Supreme Court Grants Certiorari In American Express Company v. Italian Colors Restaurant

November 20, 2012 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

  Can An Arbitration Class Action Waiver Be Enforced If The Plaintiff Would Not Be Able To Effectively Vindicate Federal Statutory Rights Through Arbitration?      The United States Supreme Court will soon decide whether its holding in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), concerning the enforceability of a class action waiver through […]