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Ford Motor Warranty Cases
Court dismissed car manufacturer's equitable estoppel and agency principle arguments that as nonsignatory third-party, it could enforce dealers' arbitration agreement on consumers' breach of warranty claims.
Arbitration 2DCA/8 Apr. 6, 2023
Soni v. Cartograph, Inc.
In a suit between attorney and client, trial court properly found client was prevailing party under Mandatory Fee Arbitration Act for purposes of attorney fees award, because client obtained judgment confirming the award.
Arbitration 2DCA/5 Apr. 6, 2023
Seifu v. Lyft, Inc.
Lyft driver retained standing to bring non-individual Private Attorneys General Act claims because he was an "aggrieved" employee with at least one alleged Labor Code violation committed against him.
Arbitration 2DCA/4 Apr. 3, 2023
Sitrick Group v. Vivera Pharmaceuticals
Arbitrator's disclosure of facts he was not required to disclose could not serve as the basis for vacating his arbitration award.
Arbitration 2DCA/2 Apr. 3, 2023
Gregg v. Uber Technologies, Inc.
Despite agreement requiring arbitration of individual Private Attorney General Act actions, employee affected by alleged labor violations still had standing to pursue a representative enforcement action in civil court.
Arbitration 2DCA/4 Mar. 28, 2023
Forrest v. Spizzirri
District court acted within its discretion by compelling arbitration and dismissing, rather than staying, an action where all issues were subject to arbitration.
Arbitration 9th Mar. 17, 2023
Piplack v. In-N-Out Burgers
Plaintiffs had standing for representative Private Attorneys General Act action in court against employer with whom they had an arbitration agreement even if their individual claims were arbitrated.
Arbitration 4DCA/3 Mar. 9, 2023
Hang v. RG Legacy I
Plaintiff was entitled to pursue elder abuse claims in court because substantial evidence showed decedent was indigent at time of death, and defendant nursing facility waived arbitration by failing to agree to pay arbitration fees and costs.
Arbitration 4DCA/3 Mar. 9, 2023
Algo-Heyres v. Oxnard Manor
Trial court's denial of arbitration agreement was affirmed when substantial evidence supported that elderly stroke victim did not have the mental capacity to appreciate consequences of signing the agreement.
Arbitration 2DCA/6 Mar. 2, 2023
Gostev v. Skillz Platform
Arbitration agreement containing overwhelming substantively unconscionable provisions was unenforceable.
Arbitration 1DCA/2 Mar. 1, 2023
Galarsa v. Dolgen California, LLC
In light of *Viking River*, employer was entitled to compel arbitration of employee's Private Attorneys General Act claims that sought to recover civil penalties for Labor Code violations suffered by the employee.
Arbitration 5DCA Feb. 28, 2023
Chamber of Commerce v. Bonta
State law criminalizing the formation of certain types of arbitration agreements was preempted by the Federal Arbitration Act.
Arbitration 9th Feb. 16, 2023
Oberstein v. Live Nation Entertainment, Inc.
Although Ticketmaster's full legal name did not appear in Terms of Use arbitration provision, arbitration could still be compelled because the use of Ticketmaster's logo and links made it clear that it was a party to the provision.
Arbitration 9th Feb. 14, 2023
Armstrong v. Michaels Stores Inc.
Where employer's actions evidenced intent to compel arbitration, it had not waived its right to arbitrate, despite nearly a year-long delay in moving to compel arbitration.
Arbitration 9th Feb. 14, 2023
Rocha v. U-Haul Co. of California
Arbitration agreement presented to employees as a stand-alone document was not unconscionable where it allowed for appeals, reimbursement, and a forum to bring their claims.
Arbitration 2DCA/1 Feb. 6, 2023
Tiffany Hill v. Xerox Business Services, LLC
Acts inconsistent with right to arbitrate, including years-long appeal, demonstrated movant's preference to resolve matter judicially and amounted to waiver of arbitration.
Arbitration 9th Feb. 6, 2023
Fleming v. Oliphant Financial
Party seeking to compel arbitration failed to prove existence of agreement to arbitrate disputes because it could provide no evidence of the mutual assent of the parties to do so.
Arbitration 1DCA/1 Feb. 2, 2023
Hernandez v. Meridian Management Services, LLC
Defendants could not compel arbitration of wrongful termination claim under agreement to submit disputes between plaintiff and her employer and its agents where defendants failed to prove an agency relationship.
Arbitration 2DCA/8 Feb. 1, 2023
Murrey v. Superior Court (General Electric Company)
Arbitration agreement in employee's employment contract was unconscionable because it was presented on a take-it-or-leave-it basis and contained confusing and decidedly one-sided terms in favor of General Electric.
Arbitration 4DCA/3 Feb. 1, 2023
Darby v. Sisyphian, LLC
Gentleman's club owner's response to former employee's confirmation of arbitration award was statutorily untimely.
Arbitration 2DCA/2 Jan. 30, 2023
Iyere v. Wise Auto Group
Arbitration agreement was not unconscionable merely because it stated that it was governed by the Federal Arbitration Act.
Arbitration 4DCA/1 Jan. 23, 2023
Johnson v. Walmart, Inc.
Because Walmart's online Terms of Use arbitration agreement was separate from consumer's in-store purchase of service agreement, arbitration agreement was unenforceable.
Arbitration 9th Jan. 11, 2023
Desert Regional Medical Center, Inc. v. Miller
Because employer continued on the path of litigation, delaying filing to compel arbitration for over four years, it waived any right to arbitrate individual employee claims.
Arbitration 4DCA/2 Jan. 10, 2023
Vaughn v. Tesla, Inc.
Denial in part of motion to compel arbitration of workplace discrimination claims was proper because the arbitration provision only encompassed claims based on conduct following the commencement of direct, contractual employment.
Arbitration 1DCA/5 Jan. 5, 2023
Reichert v. Rapid Investments Inc.
Motion to compel arbitration was properly denied because plaintiff, who received cash in the form of the prepaid debit card upon release from jail, did not accept the cardmember agreement and the arbitration clause it contained.
Arbitration 9th Jan. 3, 2023
Doe v. Massage Envy Franchising, LLC
Plaintiff had not entered contract with franchisor when assent to contractual agreement was hidden in franchisee's General Consent electronic document.
Arbitration 1DCA/2 Dec. 30, 2022
Williams v. West Coast Hospitals, Inc.
Under Code of Civil Procedure Sections 1281.97 and 1281.98, consumers may unilaterally withdraw from arbitration when the drafting party fails to pay contractually required arbitration fees.
Arbitration 6DCA Dec. 27, 2022
Hayday Farms v. Feedx Holdings Inc.
Vacating arbitration award was improper because, although not based on the best interpretation of the parties' agreements, it was not irrational and did not exhibit a manifest disregard of law.
Arbitration 9th Dec. 20, 2022
Suski v. Coinbase Inc.
Where two agreements conflicted as to whether claims would be submitted to arbitration, the issue was one of contract formation, which was for the court--not an arbitrator--to decide.
Arbitration 9th Dec. 19, 2022
Beco v. Fast Auto Loans, Inc.
Arbitrator's ability to decide threshold issue of arbitrability requires clear and unmistakable language in the arbitration agreement.
Arbitration 4DCA/3 Dec. 16, 2022