Category: Arbitration: Waiver

Arbitration, Class Actions, Waiver: DIRECTV v. Imburgia Arguments Heard By Supreme Court On October 6, 2015

October 11, 2015 · Arbitration: Class, Arbitration: Waiver

ScotusBlog Analyzes Oral Argument Under Caption, “Justices have scorching criticism for California court’s refusal to enforce arbitration agreement, but debate their authority to correct it.” Columbia Law Professor Ronald Mann has authored both an October 2, 2015 preview of arguments in DIRECTV v. Imburgia and an October 7, 2015 analysis of the oral arguments. […]

Waiver: Fourth District, Div. 3 Agrees That Petition To Arbitrate “In The Middle Of Trial” Comes Too Late

September 5, 2015 · Arbitration: Waiver

Party Wishing To Enforce Right To Have Settlement Agreement Interpreted By Arbitrator Ought To Have Sought Enforcement Before Same Issues Were Submitted To Court For Adjudication On The Merits. The underlying dispute in Kurtin v. Elieff, G049556 (4/3 Sept. 2, 2015) (Rylaarsdam, Aronson, Fybel) (unpublished) was a messy partnership buyout and accounting. After a […]

Automobiles, Waiver, FAA, Class: Federal Arbitration Act Preempts Application Of Consumers Legal Remedies Act

August 20, 2015 · Arbitration: Automobiles, Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Court Distinguishes Imburgia v. DIRECTV, Inc., Case Pending Before SCOTUS. Automobile purchases and leases have generated quite a few disputes about the enforcement of arbitration clauses. Exhibit 1: The Sanchez case decided by the California Supreme Court on August 3, about which I posted on August 4, 2015. We have a sidebar category for […]

Waiver: Court Erred In Finding Waiver, “Because Plaintiff Demonstrated No Prejudice From Defendants’ Delay In Moving To Compel Arbitration”

June 9, 2015 · Arbitration: Waiver

14-Month Period From Filing Of Original Complaint To Filing Of Motion To Compel Is Insufficient To Support Waiver, Absent Showing Of Prejudice Khalatian v. Prime Time Shuttle, Inc., Case No. B255945 (2/8 June 9, 2015) (Grimes, author; Bigelow concurring, Flier concurring and dissenting) (published) nicely bookends our penultimate post on Oregel v. PacPizza, about […]

Waiver: First District Affirms Order Denying Petition To Compel Arbitration – Appellant, Who Took 25 Depositions, Waived Right To Arbitrate

June 6, 2015 · Arbitration: Waiver

“Less-Than-Candid ‘Chronology of Pertinent Events Underlying Appeal’” Chafes Court. In Oregel v. PacPizza (1/2 June 1, 2015) (Richman, Kline, Stewart) (published), the Court of Appeal had no trouble affirming the superior court’s order denying Appellant PacPizza’s petition to compel arbitration. More than enough evidence of a high level of litigation activity inconsistent with arbitration […]

Arbitration: Deadlines, Waiver, Scope, Employment, Enforceability, FINRA, Arbitrability — An Assortment Of Recent (Unpublished) Arbitration Cases And Issues

March 31, 2015 · Arbitration: Deadlines, Arbitration: Employment, Arbitration: Enforceability, Arbitration: FINRA, Arbitration: Scope, Arbitration: Waiver

Deadlines: Lombard Knight v. Rainstorm Pictures, Inc., B253246 (2/1 March 25, 2015). In this case involving agreements to finance the production of motion pictures, Plaintiff sought to “confirm” a multi-million dollar arbitration award, while also asking to dismiss individuals, on the grounds that they had not been properly served, and jurisdiction over them […]

Arbitration, Waiver, Scope: Court Of Appeal Affirms Orders Denying Motions To Compel Arbitration Of Right To Copy And Inspect

February 28, 2015 · Arbitration: Scope, Arbitration: Waiver

Arbitration Clause In Operating Agreement Did Not Cover Statutory Request To Copy And Inspect In Sachs v. GP/T Holdings, LLC et al., B254289 (2/5 Feb. 20, 2015) (Turner, Krieger, Goodman) (unpublished) plaintiff, alleging rights to copy and inspect documents under the Corporations Code, petitioned to compel defendants to produce documents for inspection and copying. […]

Arbitration, Record, Waiver, Class Actions: Court Of Appeal Affirms Order Denying FATCO’s Motion To Compel Individual Arbitration

February 11, 2015 · Arbitration: Class, Arbitration: Record, Arbitration: Waiver

State Of The Record And Substantial Evidence Of Waiver Result In Affirmance. Defendants appealed the trial court’s order denying First American Title Insurance Company and First American Title Company’s motion to compel individual arbitration of plaintiffs’ claims. Kaufman v. First American Title Insurance Company, No. B248689 (2/5 Feb. 2, 2010) (Turner, Kriegler, Goodman) (unpublished). […]

Arbitration, Employment, Public Policy, Standard Of Review: Cal Supreme Court Rules Arbitrator May Have Erred About Employee’s Unwaivable Statutory Rights, But Valid Alternative Ground Existed For Dismissing Employee

January 29, 2015 · Arbitration: Employment, Arbitration: Public Policy, Arbitration: Standard of Review, Arbitration: Waiver

California Supreme Court Leaves Employer’s “Honest Belief Defense” Unsettled. This case fits under the rubric “no harm, no foul.” Plaintiff Richey sued his employer AutoNation, Inc., for terminating his employment after he went out on sick leave, thereby violating his right to reinstatement under the California Family Rights Act (CFRA). While on sick […]

Arbitration, Waiver, Standard of Review: Awareness Of Right To Arbitrate, Actions Inconsistent With Arbitration, And Prejudice Add Up To Waiver Of Right To Arbitrate

January 1, 2015 · Arbitration: Standard of Review, Arbitration: Waiver

Court Distinguishes Recent Cases Finding No Waiver Of Right To Arbitrate. In Bower v. Inter-Con Security Systems, Inc., Case No. A135940 (1/3 Dec. 31, 2014) (McGuiness, Pollack, Siggins), the Court of Appeal held that substantial evidence supported the trial court’s finding that defendant waived its right to arbitrate individual claims with plaintiff in […]