Category: Uncategorized

Transition To A New Platform

September 8, 2025 · Miscellaneous, Uncategorized

Typepad announced rather precipitously that this blog would become extinct at the end of September 2025. Yikes! We had to scramble to migrate this blog from Typepad to a new platform. Since we have published this blog since 2012, and it has 1200 posts about California mediation and arbitration, it seemed worth expending some time, […]

Happy New Year To All Our Readers

December 26, 2024 · Uncategorized

And Wishing You A Happy, Healthy, Productive 2025. Library of Congress. Photographer: Carol M. Highsmith. Date: 12/31/21. "This old auto-body shop in Paxton, a village west of North Platte in southwest Nebraska, isn't fixing cars any more but someone's around to wish passersby a happy new year."

Vestigial Jurisdiction: Once Trial Court Granted Motion To Compel Arbitration, It Lacked Jurisdiction To Dismiss

July 1, 2024 · Uncategorized

What Vestigial Jurisdiction Does The Court Retain After Granting A Motion To Compel Arbitration?         Plaintiff Dee Lew-Williams, the successor in interest to her late physician husband, sued defendants for embezzlement. Defendants successfully moved to compel arbitration. But Lew-Williams, claiming lack of funds, was unable to prosecute the arbitration, and so defendants moved the trial […]

PAGA: California Courts Will Now Hold PAGA Plaintiffs Arbitrating Their Claims Have Standing To Litigate Representative Claims Of Others

September 5, 2023 · Uncategorized

The Issue Was Resolved By The California Supreme Court In July 2023, And Lower Courts Are In-Step.         Earlier this year the California Supreme Court addressed the following question: "[W]hether an aggrieved employee who has been compelled to arbitrate claims under PAGA that are 'premised on Labor Code violations actually sustained by' the plaintiff . […]

December 11, 2022 · Uncategorized

Employers Take Heed: Promptly Pay Arbitration Fees Or Lose The Right To Arbitrate.         California Code of Civil Procedure, sections 1281.97 and 1281.98 provide that if a company or business that drafts an arbitration agreement does not pay arbitration fees within 30 days of when fees are due, the company or business is in material […]

Arbitration, Waiver: Second District, Div. 8 Refuses To Collapse Test For Waiver Of Right To Arbitrate Into A Single “Prejudice” Test

April 8, 2022 · Uncategorized

Suggestion: Don't Wait Two Years To Bring A Motion To Compel Arbitration.         The Court of  Appeal affirmed the trial court's order denying Appellants' motion to compel arbitration. Akira Kokubu, Plaintiff, Cross-defendant and Respondent, v. Takashi Sudo et al, Defendants, Cross-defendants and Respondents; Park Rolling Hills, LLC, et al., Defendants, Cross-complainants and Appellants, No. B310220 […]

Miscellaneous: We Just Exceeded 1000 Posts On This Blog

April 5, 2022 · Uncategorized

Blogging About California Mediation And Arbitration Since 2012.         I started this  blog on California Mediation And Arbitration in 2012. I just noticed that the number of  posts recently passed 1000. That's about 100 per year.         Readers may have noticed that the formatting of this blog is similar to that of  California Attorneys Fees. […]

Arbitration, Disclosures: Ninth Circuit Reins In Monster

July 23, 2021 · Uncategorized

Ninth Circuit Panel Refuses To Extend Reach Of Monster Energy. Boris Karloff in Bride of Frankenstein (1935). Wikipedia. Public domain.         Monster Energy Co. v. City Beverages, LLC, 940 F.3d 1130 (9th Cir. 2019) concluded that "[G]iven the Arbitrator's failure to disclose his ownership in JAMS, coupled with the fact that JAMS had administered 97 arbitrations […]