Category: Mediation: Severability

Mediation, Confidentiality, Settlement Agreement: CCA 1/2 Agrees Plaintiff Suing Doctor Failed To Perform Settlement Agreement After Mediation

Including Confidentiality Provision In Settlement Of Malpractice Lawsuit Did Not Violate Public Policy, Because Provision Did Not Prevent Reporting To State Medical Board.         In Pappas v. Chang and Chang v. Pappas, Nos. A159792 and A160293 (1/2   3/3/22) (Richman, Miller; Kline, conc.), the Court of Appeal affirms the trial court in separate consolidated appeals. In […]

Arbitration, Employment, Unconscionability: Second District Div. 8 Reverses Order Denying Arbitration, Because Unconscionable Provision Was Severable

Employer Had No Duty To Call Arbitration Agreement To Attention Of Employee.         When Michael Conyer became employed by Hula Media, the employer's handbook did not have an arbitration clause. Several months later, Conyer signed the "receipt and acknowledgment" page, which was the final page of a revised employee handbook that did include an arbitration […]

Arbitration, PAGA, Waiver, Severability: Non-Severability Provision And PAGA Waiver Make Arbitration Provision Unenforceable

The Briefing Focused On A "Blow-Up" Provision, But The Court Focused On An Unenforceable Waiver Of PAGA Claims And Lack Of Severability.       "Six-year-old Gregorio Drozco III does what a lot of people do in a Seattle, Washington, alley when he blows a bubble, preparatory to wadding up his gum and sticking it to […]

Arbitration/Enforceability/Unconscionability: Fourth District Division 1 Agrees With Trial Court That Automobile Dealership’s Arbitration Provision Is Unconscionable

  However, California Supreme Court Will Likely Make Ultimate Determination of Issues in Pending Sanchez v. Valencia Holding Co. Case      Arbitration clauses in contracts for automobile purchases and leases offer fertile ground for litigation.  See our April 12, 2012 post about Kolev v. Euromotors West/The Auto Gallery, 586 F.3d 1024 (9th Cir. 2011) (opinion […]

Construction of Mediation-Arbitration Clause/Venue/Severability: Third District Rules that California Subcontractor Refusing to Mediate in Nevada Did Not Violate Terms of Agreement Purporting to Require Mediation or Arbitration in Nevada

  Case Involves Application of CCP Section 410.42 to Mediation/Arbitration Provision in Construction Contract      Before becoming Chief Justice of the California Supreme Court, Justice Cantil-Sakauye authored the opinion in Templeton Development Corporation v. Superior Court [Dick Emard Electric, Inc. Real Party in Interest], 144 Cal.App.4th 1073, 51 Cal.Rptr.3d 19 (2006). Emard, an electrical contractor, […]