Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B327665
|
Mar v. Perkins
An employee who promptly rejects an employer's modification to its dispute policy to require arbitration will not be bound, even if he continues to work for the company. |
Arbitration, Contracts |
|
G. Feuer | May 24, 2024 |
23-3
|
Coinbase v. Suski
Whether a subsequent contract containing a forum selection clause superseded an earlier arbitration agreement, delegating question of arbitrability was for courts to decide. |
Arbitration |
|
K. Jackson | May 24, 2024 |
A166785
|
Garcia v. Stoneledge Furniture LLC
Trial court properly found that no agreement to arbitrate existed where differences between the purported signed arbitration agreement and other signed documents impugned the agreement's authenticity. |
Arbitration |
|
I. Petrou | May 21, 2024 |
22-1218
|
Smith v. Spizzirri
When a lawsuit involves an arbitrable dispute and a party requests a stay pending arbitration, the Federal Arbitration Act compels courts to issue a stay rather than dismissing the action. |
Arbitration, |
|
S. Sotomayor | May 17, 2024 |
D082847
|
Herzog et al. v. Superior Court (Dexcom, Inc.)
Website's clickwrap agreement did not create an enforceable arbitration agreement because it did not provide reasonably conspicuous notice of its terms to users clicking to accept the agreement. |
Arbitration |
|
T. Do | May 17, 2024 |
B323237
|
Holland et al. v. Silverscreen Healthcare, Inc.
Trial court erred by denying nursing facility's petition to compel arbitration as to decendent's parents' wrongful death cause of action. |
Arbitration, Torts |
|
J. Ashmann-Gerst | May 14, 2024 |
22-56209
|
Diaz v. Macys West Stores Inc.
District court erred by compelling arbitration of non-individual Private Attorneys General Act claims. |
Arbitration, Employment Law |
|
J. Bybee | May 13, 2024 |
F086342
|
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 |
|
J. Detjen | May 7, 2024 |
22-55982
|
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 |
|
M. Bennett | Apr. 29, 2024 |
E079741
|
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 |
|
C. Codrington | Apr. 25, 2024 |
B328425
|
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 |
|
J. Segal | Apr. 24, 2024 |
G062622
|
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 |
|
T. Goethals | Apr. 22, 2024 |
23-51
|
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 |
|
J. Roberts | Apr. 15, 2024 |
22-35818
|
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 |
|
M. Bennett | Apr. 11, 2024 |
B330387
|
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 |
|
G. Feuer | Apr. 4, 2024 |
B329219
|
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 |
|
H. Baltodano | Apr. 4, 2024 |
S276545
|
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 |
|
M. Jenkins | Mar. 29, 2024 |
B323430
|
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 |
|
G. Weingart | Mar. 27, 2024 |
D083006
|
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 |
|
M. Buchanan | Mar. 19, 2024 |
22-16868
|
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 |
|
W. Fletcher | Mar. 15, 2024 |
23-55147
|
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 |
|
L. VanDyke | Mar. 13, 2024 |
21-16083
|
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 |
|
J. Wallace | Mar. 12, 2024 |
B327524
|
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 |
|
M. Stratton | Feb. 29, 2024 |
F085918
|
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 |
|
C. Poochigian | Feb. 28, 2024 |
22-16486
|
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 |
|
W. Fletcher | Feb. 13, 2024 |
22-56078
|
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 |
|
M. Smith | Feb. 13, 2024 |
23-55123
|
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 |
|
M. Smith | Feb. 6, 2024 |
B326830
|
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 |
|
C. Moor | Jan. 31, 2024 |
D082429
|
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 |
|
W. Dato | Jan. 25, 2024 |
E080414
|
J.R. v. Electronic Arts
Minor's disaffirmation arbitration agreement with Electronic Arts rendered the entire agreement, including the delegation provision, null. |
Arbitration |
|
F. Menetrez | Jan. 19, 2024 |