Category: Arbitration: Waiver

Arbitration/Waiver: Litany Of Facts Supported Trial Court’s Finding Of Waiver

June 11, 2014 · Arbitration: Waiver

Waiver Of Right To Arbitrate Does Not Require Voluntary Relinquishment Of Known Right Plaintiff sued 1-800-GET THIN and several other parties, after undergoing an endoscopic screening procedure for gastric band surgery and allegedly suffering injury. The trial court denied defendants’ petition to arbitrate, noting “delay and denial of discovery”, and that Plaintiff “will suffer […]

Arbitration/Appealability/Waiver/1281.2/Agents: Court Of Appeal Reverses Denial Of Petition To Compel Arbitration, Because Delay In Bringing Petition Did Not Result In Prejudice

May 21, 2014 · Arbitration: Agents, Arbitration: Appealability, Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2, Arbitration: Waiver

Also, California Code of Civil Procedure, Section 1281.2, Did Not Prevent Arbitration, Because Federal Arbitration Act Applied And Preempted State Provision Defendants/appellants in the next case lost a petition to compel arbitration in the trial court. At first blush, they had waived their right to arbitrate, because they delayed bringing their motion to […]

Arbitration/Class Action Waiver/FAA/Consumers: Court of Appeal Holds That Agreement Inviting Consideration Of Unenforceability Of Class Arbitration Procedures Allowed Trial Court To Invalidate Class Action Waiver

April 8, 2014 · Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Sticking To Its Contract Interpretation Guns, Second District, Division One, Shoots Down Federal Decisions The Court of Appeal has upheld a trial court order denying a motion to dismiss or stay class action litigation and to compel arbitration, basing its conclusion on principles of contract interpretation. Imburgia v. DIRECTV, Inc., B239361 (2nd Dist. […]

Arbitration/Waiver/Employment/Class Action/FAA Preemption: Second District, Division 2, Holds That Employee Can Be Compelled To Arbitrate A Private Attorney General Act Employment Claim Individually, Thereby Enforcing Class Action Waiver

March 16, 2014 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Court Acknowledges That Private Attorney General Laws “May Be Severely Undercut By Application Of The FAA” On March 12, at the end of my previous post, I commented “we are still in a somewhat fuzzy area regarding FAA preemption of California statutory rights to file a court action – especially in those instances where […]

Arbitration/Waiver/Standard of Review: In Wrongful Death Action, Second District, Division 7 Upholds Trial Court’s Finding That Right To Arbitration Had Been Waived

February 27, 2014 · Arbitration: Standard of Review, Arbitration: Waiver

Defendants Simply Could Not Overcome Substantial Evidence Standard After their 52-year-old sibling died following bariatric surgery, plaintiffs sued surgery center defendants for wrongful death. No, surgery center defendants did not immediately move to compel arbitration. Instead, they demurred, they moved to change venue, they propounded discovery that plaintiffs answered, and they took three depositions. […]

Arbitration/Waiver/References: First District, Div. 4 Agrees Defendants Waived Right To Arbitrate, And Appointment Of Referee Is Moot

February 1, 2014 · Arbitration: Waiver, References

By Considerably Expanding Scope Of Complaint, Party Might Have Reopened Opponent’s Right To Arbitrate That Has Been Waived – But It Didn’t Happen Here Defendants appealed the trial court’s denial of their petition to arbitrate, and their appeal from an order appointing a referee. Boschetti v. Pacific Bay Investments, Inc., et al., No. A134195 […]

Waiver: Second District, Division 5 Holds Trial Court, Not Arbitrator, Should Decide Merits Of Waiver Of Arbitration By Litigation Conduct

December 18, 2013 · Arbitration: Waiver

Judicial Expertise And Judicial Economy Weigh In Favor Of Letting The Trial Court Make The Call On This Waiver Issue In a 3-0 opinion penned by Presiding Justice Turner, the Court of Appeal holds, “[t]he trial court correctly ruled it, rather than an arbitrator, should decide the merits of the waiver by litigation conduct […]

Employment: Fourth District, Div. 3 Upholds Trial Court’s Order That Employee Must Arbitrate Individual Claims And Dismisses Class Claims Without Prejudice

December 6, 2013 · Arbitration: Class, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Unconscionability, Arbitration: Waiver

Court Summarizes Fractured Opinion About Gentry Rivera v. Hilton Worldwide, Inc., Case No. G047644 (4th Dist. Div. 3 Nov. 26, 2013) (unpublished) is one more wage and hour case in which the employee is ordered to arbitrate individual claims and the Court upholds dismissal of class claims without prejudice. The Court finds that […]

Arbitration/Employment: One More Opinion Weighs In That Representative PAGA Claim Cannot Be Compelled To Arbitration

November 15, 2013 · Arbitration: Employment, Arbitration: Public Policy, Arbitration: Waiver

PAGA Claims Are Representative, Not Individual Claims, Fourth District, Division 3 Explains Here, the arbitration agreement required plaintiff to arbitrate “claims for wages or other compensation due or penalties . . . [and] violation of statute.” But she could not be compelled to litigate her California Private Attorney General Act claim as an individual, […]

Arbitration/Disclosures/Vacatur//Waiver: Fifth District Holds That Arbitrator’s Adverse Relationship In Litigation With Law Firm Representing Losing Party In Arbitration Did Not Require Vacating The Award Here

November 12, 2013 · Arbitration: Disclosures, Arbitration: Section 1286.2 Vacatur, Arbitration: Section 1286.6 Correction by Court, Arbitration: Waiver

The Purported Conflict Did Not Come Within Any Of Those Specifically Listed Matters That Must Be Disclosed Plaintiff Diamond Manufacturing & Engineering Co. (Diamond) obtained a favorable arbitration award against defendant Equipment Parts Wholesale, LLC (EPW). When Diamond petitioned the trial court to confirm the award, EPW requested – unsuccessfully – that the […]