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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
In re: Uber Technologies Wage and Hour Cases
The Federal Arbitration Act did not preempt the California Division of Labor Standards Enforcement's actions against Uber and Lyft, as the state was not a party to individual drivers' arbitration agreements. 		Arbitration 1DCA/4 Oct. 2, 2023
Winkler v. McCloskey
Receiver tasked with clawing back profits from a Ponzi scheme was acting on behalf of the receivership and may be bound by the operating agreements signed by the receivership entities. 		Arbitration 9th Sep. 29, 2023
Modification: Doe v. Superior Court (Na Hoku, Inc.)
Fees and costs owed for a pending employee or consumer arbitration proceeding must be received by the arbitrator within 30 days and a check that arrived after was untimely. 		Arbitration 1DCA/3 Sep. 29, 2023
Doe v. Superior Court (Na Hoku, Inc.)
Fees and costs owed for a pending employee or consumer arbitration proceeding must be received by the arbitrator within 30 days and a check that arrived after was untimely. 		Arbitration 1DCA/3 Sep. 12, 2023
Yeh v. Superior Court (Mercedes-Benz USA, LLC)
Nonsignatory car manufacturer could not enforce arbitration provisions based on equitable estoppel where the plaintiffs' claims were not intimately founded and intertwined with the agreements containing the provisions. 		Arbitration 1DCA/4 Sep. 8, 2023
Barrera v. Apple American Group LLC
While employers could compel arbitration of former Applebee's employees' individual PAGA claims, the aggrieved employees retained standing to bring their non-individual PAGA claims in court. 		Arbitration 1DCA/2 Sep. 5, 2023
Housing Authority City of Calexico v. Multi-Housing Tax Credit Partners
Trial court erred in declining to review arbitration award on the merits, where parties agreed to such a review. 		Arbitration 4DCA/1 Aug. 29, 2023
Kielar v. Superior Court (Hyundai)
Rejecting *Felisilda v. FCA*'s holding, nonsignatory car manufacturer could not enforce arbitration provision in sales contract under the doctrine of equitable estoppel, where claims arose from warranty separate to sales contract. 		Arbitration 3DCA Aug. 17, 2023
Boshears v. PeopleConnect, Inc.
Federal Arbitration Act did not grant jurisdiction over interlocutory appeal from order denying dismissal merely because it appeared in the same document as an order denying motion to compel arbitration. 		Arbitration 9th Aug. 4, 2023
Perez v. Discover Bank
Judicial estoppel prevented bank from arguing opposing party could not opt out of arbitrating her accrued discrimination claims where it previously represented to trial court she could. 		Arbitration 9th Jul. 25, 2023
Edmond Carmona, et al. v. Domino's Pizza, LLC
*Rittman v. Amazon.com, Inc.* was not disturbed by the Supreme Court's holding in *Southwest Airlines Co. v. Saxon*, so last-leg drivers delivery drivers were exempt from the Federal Arbitration Act. 		Arbitration 9th Jul. 24, 2023
Holley-Gallegly v. TA Operating, LLC
A jury waiver provision in the event an arbitration agreement is unconscionable has no bearing on whether the delegation of the enforceability of the agreement to the arbitrator would be unconscionable. 		Arbitration 9th Jul. 24, 2023
Cvejic v. Skyview Capital
Former employer's failure to timely pay arbitration fees was a material breach that entitled former employee to withdraw from arbitration despite the arbitrators' attempt to cure the breach. 		Arbitration 2DCA/8 Jun. 30, 2023
Montemayor v. Ford Motor Co.
Nonsignatory vehicle manufacturer could not enforce sales contract's arbitration clause against aggrieved car purchasers where underlying claims were based on the manufacturer's express warranty and independent of the sales contract. 		Arbitration 2DCA/7 Jun. 28, 2023
Coinbase, Inc. v. Bielski
District court proceedings should have been stayed while interlocutory appeal from denial of motion to compel arbitration was pending because the whole matter was involved in the appeal. 		Arbitration USSC Jun. 23, 2023
McConnell v. Advantest America
Subpoenas issued by arbitrator on nonparty requiring production of documents at a hearing set for that purpose was an impermissible use of the arbitrator's subpoena power for discovery purposes. 		Arbitration 4DCA/1 Jun. 20, 2023
Duran v. EmployBridge Holding Co.
Employer's motion to compel arbitration as to former employee's claim to recover Private Attorneys General Act civil penalties was properly denied where agreement unambiguously excluded PAGA claims. 		Arbitration 5DCA Jun. 1, 2023
Jack v. Ring LLC
Arbitration provision was unenforceable where clause contained ambiguous language regarding arbitrability as well as language prohibiting public injunctive relief. 		Arbitration 1DCA/2 May 30, 2023
Kinder v. Capistrano Beach Care Center
Forms signed by adult children putting mother in care facility did not establish agency relationship that would bind nonsignatory mother to arbitrate her elder abuse claims. 		Arbitration 2DCA/7 May 22, 2023
Perez v. Kaiser Foundation Health Plan
Arbitrators' duty to disclose does not require a continuing disclosure of the results of proceedings that were pending and disclosed at the time of the nomination. 		Arbitration 1DCA/3 May 17, 2023
Alberto v. Cambrian Homecare
Employer's employee agreements were unconscionable because they contained illegal, one-sided terms that prevented wage discussions and representative actions. 		Arbitration 2DCA/4 May 15, 2023
Westmoreland v. Kindercare Education LLC
Employer's arbitration agreement was invalid because the improper Private Attorneys General Act waiver and unambiguous poison pill provision rendered the entire arbitration agreement unenforceable. 		Arbitration 1DCA/2 Apr. 26, 2023
Basith v. Lithia Motors, Inc.
Nissan dealership's arbitration agreement for its general manager was enforceable because it contained no substantive unconscionability. 		Arbitration 2DCA/8 Apr. 25, 2023
Fuentes v. Empire Nissan, Inc.
Arbitration agreement was enforceable where party seeking to invalidate if for unconscionability failed to demonstrate the substance of the agreement was at all unfair. 		Arbitration 2DCA/8 Apr. 24, 2023
Jackson v. Amazon.com, Inc.
Because Amazon Flex driver's wiretapping and invasion of privacy claims did not fall within the scope of his arbitration agreement with Amazon, arbitration was properly denied. 		Arbitration 9th Apr. 20, 2023
Nickson v. Shemran, Inc.
Order denying employer's motion to compel arbitration was incorrect because employee's individual Private Attorneys General Act claims could be arbitrated, while his nonindividual PAGA claims could not. 		Arbitration 4DCA/1 Apr. 10, 2023
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