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Reynosa v. Superior Court (Advanced Transportation Services, Inc.)
Employee was not barred from withdrawing from arbitration by continuing to participate in the arbitration where employer failed to timely pay arbitration fees.
Arbitration, Remedies 5DCA May 7, 2024
Keebaugh v. Warner Bros. Entertainment Inc.
Terms of Service, hyperlinked on game's start screen, was reasonably conspicuous, putting users who downloaded the game app on notice to terms requiring arbitration of claims.
Arbitration 9th Apr. 29, 2024
Dougherty v. U.S. Behavioral Health Plan
Because company providing behavioral health services was not a health care service plan, it need not meet Health and Safety Code Section 1363.1's disclosure requirements to enforce arbitration.
Arbitration, Health Care 4DCA/2 Apr. 25, 2024
Mondragon v. Sunrun Inc.
Former employee may continue his individual PAGA claims in court when circumstances surrounding arbitration agreement did not evidence parties' clear intent for arbitrator to decide arbitrability issues.
Arbitration, Employment Law 2DCA/7 Apr. 24, 2024
Semprini v. Wedbush Securities Inc.
Employer waived its right to arbitrate claims by delaying its motion to compel until nine months after *Viking River* purportedly gave it a new right to compel.
Arbitration 4DCA/3 Apr. 22, 2024
Bissonnette v. LePage Bakeries Park St., LLC
A transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the FAA.
Arbitration USSC Apr. 15, 2024
Fli-Lo Falcon LLC v. Amazon.com, Inc.
The Federal Arbitration Act's "transportation worker exemption" does not extend to delivery services contracts between business entities.
Arbitration 9th Apr. 11, 2024
Lew-Williams v. Petrosian
Trial court exceeded its jurisdiction by dismissing plaintiffs' claims for failure to prosecute after it had already granted defendants' motion to compel arbitration.
Arbitration 2DCA/7 Apr. 4, 2024
Vazquez v. SaniSure
Because parties' previous arbitration agreement did not survive employee's second employment stint with same employer, trial court did not err in denying arbitration.
Arbitration 2DCA/6 Apr. 4, 2024
Harrod v. Country Oaks Partners, LLC
Health care agent's power of attorney over principal's health care decisions did not include authority to bind the principal to a separate, optional arbitration agreement presented with other admissions paperwork.
Arbitration CASC Mar. 29, 2024
Weeks v. Interactive Life Forms, LLC
Trial court correctly declined to compel arbitration pursuant to "browsewrap" terms of use on defendant's website, which required no affirmative assent by the consumer.
Arbitration 2DCA/1 Mar. 27, 2024
Davis v. Nissan North America, Inc.
Defendant car manufacturers, who were not parties to sale contract between plaintiffs and the dealership containing the arbitration clause, could not compel arbitration based on equitable estoppel.
Arbitration 4DCA/1 Mar. 19, 2024
McBurnie v. RAC Acceptance East LLC
Ninth Circuit's holding in *Blair v. Rent-A-Center, Inc.* was not abrogated by the Supreme Court's decision in *Viking River Cruises, Inc. v. Moriana* because *Viking River* addressed PAGA claims.
Arbitration 9th Mar. 15, 2024
Ortiz v. Randstad Inhouse Services, LLC
Warehouse equipment operator qualified for the Federal Arbitration Act's transportation worker exemption because he handled products along a supply chain that were moved interstate.
Arbitration 9th Mar. 13, 2024
Herrera v. Cathay Pacific Airways Ltd.
Defendant airline was entitled to enforce third-party booking website's arbitration provision under the doctrine of equitable estoppel.
Arbitration 9th Mar. 12, 2024
Hohenshelt v. Superior Court (Golden State Foods Corp.)
Because extension for arbitration fees' payment must be agreed to by all parties, arbitrator's extension of due date for late payment did not prevent waiver of right to arbitration.
Arbitration 2DCA/8 Feb. 29, 2024
Jones v. Solgen Construction
Appellants failed to show that their evidence of a valid arbitration agreement was uncontradicted because there was evidence the 81-year-old signee did not understand the loan agreement she signed.
Arbitration 5DCA Feb. 28, 2024
Johnson v. Lowe's Home Centers, LLC
Private Attorneys General Act plaintiffs can arbitrate individual PAGA while maintaining non-individual PAGA claims in court.
Arbitration 9th Feb. 13, 2024
Patrick v. Running Warehouse, LLC
Consumers were bound by arbitration provision in websites' terms of use because they had inquiry notice of the terms and, by completing their orders, agreed to be bound by them.
Arbitration 9th Feb. 13, 2024
Voltage Pictures, LLC v. Gussi, S.A. de C.V.
California company sufficiently served notice to confirm arbitral award by mailing motion papers to Mexican company's counsel.
Arbitration 9th Feb. 6, 2024
Kader v. Southern California Medical Center, Inc.
Trial court properly denied motion to compel arbitration of sexual harassment claims where no conduct had been brought to the employer's attention at the time of the agreement's execution.
Arbitration 2DCA/5 Jan. 31, 2024
Suarez v. Superior Court (Rudolph & Sletten, Inc.)
Emailed arbitration fee invoice was not an electronically served court document, so two-day grace period for electronic service did not apply, resulting in untimely payment and forfeited arbitration rights.
Arbitration 4DCA/1 Jan. 25, 2024
J.R. v. Electronic Arts
Minor's disaffirmation arbitration agreement with Electronic Arts rendered the entire agreement, including the delegation provision, null.
Arbitration 4DCA/2 Jan. 19, 2024
Hasty v. American Automobile Assn. of Northern California, Nevada and Utah
Arbitration agreement was unconscionable and ineligible for severance where the agreement was not discussed when plaintiff accepted a verbal employment offer and contained an invalid Private Attorneys General Act waiver.
Arbitration 3DCA Jan. 18, 2024
DeMarinis v. Heritage Bank of Commerce
Bank's arbitration agreement with employees contained an invalid waiver of their individual PAGA claims since the agreement contained a nonseverability clause and poison pill provision.
Arbitration 1DCA/3 Jan. 10, 2024
Haydon v. Elegance at Dublin
Because elderly care facility's arbitration clause was procedurally and substantively unconscionable, provision was unenforceable against former facility resident's Elder Abuse Act claim.
Arbitration 1DCA/3 Dec. 21, 2023
Baglione v. Health Net of California
Motion to compel arbitration was properly denied because arbitration agreements failed the requirements of Health and Safety Code Section 1363.1 for health care service plans.
Arbitration 2DCA/8 Dec. 8, 2023
Bielski v. Coinbase, Inc.
Ninth Circuit delineated what steps were necessary to challenge arbitration agreement's delegation provision and what courts may consider when evaluating such disputes.
Arbitration 9th Dec. 6, 2023
State of California v. Alco Harvest
Agreement to arbitrate, as a material term, requires H-2A employers to disclose such waiver in job description submission to Department of Labor.
Arbitration 2DCA/6 Nov. 24, 2023
FCM Investments v. Grove Pham, LLC
Because arbitrator's credibility finding was based on linguistic bias, giving rise to arbitrator's own possible bias, arbitration award was vacated.
Arbitration 4DCA/1 Oct. 19, 2023