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Jan. 28, 2021

Arbitrability: searching for assent

Two recent decisions of the California Court of Appeal reached different conclusions on arbitrability.

Gary A. Watt

Partner
Hanson Bridgett LLP

State Bar Approved, Certified Appellate Specialist

Email: gwatt@hansonbridgett.com

Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.

Patrick Burns

Partner
Hanson Bridgett LLP

Email: pburns@hansonbridgett.com

Patrick is a partner in the firm's Appellate Practice. Patrick focuses on writs and appeals, as well as law and motion in the state and federal courts. A former litigator at a global law firm, Patrick has experience litigating high-stakes disputes. He can be reached at pburns@hansonbridgett.com and his blog posts can be read at www.appellateinsight.com.

Two recent decisions of the California Court of Appeal reached different conclusions on arbitrability. In August, the court ruled that an individual’s signed acknowledgment of an employee handbook bound him to arbitrate claims, even though the employer did not call attention to the arbitration clause. Conyer v. Hula Media Servs., LLC, 268 Cal. Rptr. 3d 346 (2020) (review granted on other grounds; depublished). And in December, the court rul...

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