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Modification: Julian v. Glenair Inc.
Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim.
Arbitration 2DCA/4 Dec. 15, 2017
Jensen v. U-Haul Co. of California
Injured worker may not be compelled to arbitrate action against U-Haul as nonsignatory to arbitration agreement under theories of third-party beneficiary, agency, or estoppel.
Arbitration 4DCA/2 Dec. 13, 2017
State Farm General Insurance Co. v. Watts Regulator Co.
A previous right to compulsory arbitration does not become vested when the parties agree to become bound by new arbitration guidelines to the contrary.
Arbitration 2DCA/8 Dec. 4, 2017
Yang v. Dongwon Industries Co.
A party wishing to compel arbitration under U.N. arbitration convention must be a signatory and a party to the agreement containing the clause.
Arbitration 9th Dec. 1, 2017
Julian v. Glenair Inc.
Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim.
Arbitration 3DCA Nov. 29, 2017
Baxter v. Genworth North America Corporation
Arbitration agreement invalid where employee is powerless to bargain over the agreement's terms and where agreement unfairly skews in employers favor.
Arbitration 1DCA/3 Oct. 30, 2017
Melendrez v. San Francisco Baseball Association LLC
Motion to compel arbitration erroneously denied where federal preemption applies given that resolution of controversy necessarily requires interpretation of parties' collective bargaining agreement.
Arbitration 1DCA/3 Oct. 19, 2017
Sargon Enterprises Inc. v. Browne George Ross LLP
Arbitrator’s conclusion that arbitration agreement precluded party from filing malpractice action in trial court violated party’s statutory right to petition.
Arbitration 2DCA/3 Sep. 28, 2017
U.S. and Nevada ex rel. Welch v. My Left Foot Children's Therapy LLC
Denial of motion to compel arbitration upheld on alternate ground, where False Claims Act claims do not fall within scope of arbitration agreement.
Arbitration 9th Sep. 12, 2017
Amended Opinion: Portland General Electric Co. v. Liberty Mutual Insurance Co.
District court’s error in deciding scope of arbitration clause results in vacated judgment and remand to allow arbitrator to settle dispute.
Arbitration 9th Aug. 29, 2017
Sprunk v. Prisma LLC
Employer’s motion to compel arbitration properly denied, where it waives right to compel arbitration against class members by deciding not to seek arbitration against named plaintiff.
Arbitration 2DCA/1 Aug. 25, 2017
OTO LLC v. Kho
Denial of employer’s petition to compel arbitration of employee’s claim for unpaid wages reversed, where arbitration proceeding is not substantively unconscionable.
Arbitration 1DCA/1 Aug. 24, 2017
Harshad & Nasir Corp. v. Global Sign Systems
Trial court’s failure to apply correct standards in reviewing arbitrator’s award and lack of evidence supporting award lead to reversal.
Arbitration 2DCA/1 Aug. 17, 2017
Esparza v. KS Industries L.P.
In employment dispute, PAGA claims seeking civil penalties are not subject to arbitration whereas claims to recover wages under Labor Code Section 558 are subject to arbitration.
Arbitration California Courts of Appeal Aug. 4, 2017
Baker v. Italian Maple Holdings LLC
Arbitration agreement containing statutory ‘cooling off’ period is effective immediately upon execution; signatory’s death occurring before period does not render agreement unenforceable absent other grounds.
Arbitration California Courts of Appeal Aug. 2, 2017
Aanderud v. Superior Court
An arbitration agreement’s delegation clause is enforceable if it is clear and unmistakable and if it is not revocable for unconscionability under 'Tiri v. Lucky Chances Inc.'
Arbitration California Courts of Appeal Jul. 28, 2017
Los Angeles Unified School District v. Safety National Casualty Corp.
Motion to compel arbitration of LAUSD’s dispute with one of its insurer concerning the controversial Miramonte litigation properly denied pursuant to California’s arbitration procedures.
Arbitration California Courts of Appeal Jul. 13, 2017
Portland General Electric Co. v. Liberty Mutual Insurance Co.
District court’s error in deciding scope of arbitration clause results in vacated judgment and remand to allow arbitrator to settle dispute.
Arbitration 9th Jul. 11, 2017
Laymon v. J. Rockcliff Inc.
Denial of motion to compel arbitration of plaintiff-home buyers' dispute against brokers, title companies, and service providers overturned where arbitration agreements covered claims asserted.
Arbitration Jun. 13, 2017
Heimlich v. Shivji
Client entitled to obtain decision on merits of his post-award CCP 998 request for cost after arbitrator erroneously refused to even hear evidence relevant to it.
Arbitration Jun. 2, 2017
Garcia v. Pexco LLC
Nonsignatory to arbitration agreement may compel arbitration of employment dispute for claims covered under agreement pursuant to doctrines of equitable estoppel and agency.
Arbitration May 17, 2017
Kindred Nursing Centers LP v. Clark
Federal Arbitration Act preempts Kentucky state rule that requires express authorization from principal before agent may waive principal's right to access court or jury trial.
Arbitration May 16, 2017
McGill v. Citibank N.A.
Arbitration agreement waiving right to pursue public injunctive relief violates California law and is not preempted by Federal Arbitration Act.
Arbitration Apr. 7, 2017
Emerald Aero LLC v. Kaplan
Arbitrator exceeds power in awarding punitive damages against defendant who was not afforded meaningful opportunity to challenge punitive damages plaintiffs sought last minute.
Arbitration Mar. 23, 2017
ECC Capital v. Manatt, Phelps & Phillips
Arbitration award valid despite arbitrator's failure to disclose connection to attorney from defendant law firm in prior UDRP proceeding, as arbitrator was unaware of connection.
Arbitration Mar. 16, 2017
Betancourt v. Prudential Overall Supply
Challenge to pleadings, not motion to compel arbitration, is proper procedural move for defendant employer that believes PAGA suit contains individual, non-PAGA claims.
Arbitration Mar. 8, 2017
Emerald Aero LLC v. Kaplan
Arbitrator exceeds power in awarding punitive damages against defendant who was not afforded meaningful opportunity to challenge punitive damages plaintiffs sought last minute.
Arbitration Mar. 2, 2017
Vasserman v. Henry Mayo Newhall Memorial Hospital
Arbitration properly denied where collective bargaining agreement did not include clear and unmistakable waiver of plaintiff's right to judicial forum for statutory claims.
Arbitration Feb. 9, 2017
Poublon v. C.H. Robinson Co.
Employer wins reversal of denial of motion to compel arbitration, where dispute resolution provision is not tainted with illegality and invalid portions can be severed.
Arbitration Feb. 6, 2017
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable.
Arbitration Jan. 31, 2017