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, […]
Justice Tangeman, Who Concurred Before, Now Dissents After Rehearing. We posted on February 2, 2021 about Breslin v. Breslin, B301382 (2/6 1/26/21) (Gilbert, Yegan, Tangeman), an opinion authored by Justice Gilbert in which Justices Yegan and Tangeman concurred. The case held the party receiving notice of a mediation ordered by the probate court and […]
Potential Beneficiaries Of Trust Received Notice, But Failed To Participate. After Don Kirchner died in 2018, the successor trustee of Kirchner's living trust found a document listing 24 charities with handwritten notes appearing to be percentages for distributing the estate. The probate court confirmed the successor trustee and ordered mediation among interested parties. Apparently […]
But Chief Judge Alex Kozinski “Wants No Part Of It” An en banc panel of the Ninth Circuit Court of Appeals, believing that the parties should attempt to settle their long-running dispute concerning the conditions for holding gun shows at the Alameda County fairgrounds, has ordered the dispute to mediation. Nordyke v. King, No. […]
Court of Appeal Reminds That “The Essence of Mediation Is Its Voluntariness” Jeld-Wen was a minor player in a complex construction dispute. It was ordered by the trial court to attend a mediation and pay its share of costs. Jeld-Wen refused to attend, and was duly ordered to attend and sanctioned. Jeld-Wen sought a […]