Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B277064
|
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 |
|
Dec. 15, 2017 | |
E065887
|
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 |
|
C. Codrington | Dec. 13, 2017 |
B271236
|
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 |
|
E. Grimes | Dec. 4, 2017 |
15-16881
|
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 |
|
J. Nguyen | Dec. 1, 2017 |
B277064
|
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 |
|
N. Manella | Nov. 29, 2017 |
A144744
|
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 |
|
W. McGuiness | Oct. 30, 2017 |
A149482
|
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 |
|
S. Pollak | Oct. 19, 2017 |
B271718
|
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 |
|
L. Edmon | Sep. 28, 2017 |
16-16070
|
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 |
|
D. Fisher | Sep. 12, 2017 |
16-35628
|
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 |
|
Aug. 29, 2017 | |
B268755
|
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 |
|
E. Lui | Aug. 25, 2017 |
A147564
|
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 |
|
S. Margulies | Aug. 24, 2017 |
B269427
|
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 |
|
F. Rothschild | Aug. 17, 2017 |
F072597
|
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 |
|
D. Franson | Aug. 4, 2017 |
D069797
|
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 |
|
C. Aaron | Aug. 2, 2017 |
F073277
|
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 |
|
G. Gomes | Jul. 28, 2017 |
B275597
|
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 |
|
E. Grimes | Jul. 13, 2017 |
16-35628
|
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 |
|
J. Rakoff | Jul. 11, 2017 |
A147464
|
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 | |
H042641
|
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 | |
G052872
|
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 | |
16-32
|
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 | |
S224086
|
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 | |
D070579
|
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 | |
B265760
|
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 | |
E064326
|
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 | |
D070579
|
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 | |
B267975
|
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 | |
15-55143
|
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 | |
B244107
|
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable. |
Arbitration |
|
Jan. 31, 2017 |