Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C097674
|
Hasty v. American Automobile Assn. of Northern California, Nevada and Utah
Arbitration agreement was unconscionable and ineligible for severance where the agreement was not discussed when plaintiff accepted a verbal employment offer and contained an invalid Private Attorneys General Act waiver. |
Arbitration |
|
R. Robie | Jan. 18, 2024 |
A167091
|
DeMarinis v. Heritage Bank of Commerce
Bank's arbitration agreement with employees contained an invalid waiver of their individual PAGA claims since the agreement contained a nonseverability clause and poison pill provision. |
Arbitration |
|
C. Fujisaki | Jan. 10, 2024 |
A168767
|
Haydon v. Elegance at Dublin
Because elderly care facility's arbitration clause was procedurally and substantively unconscionable, provision was unenforceable against former facility resident's Elder Abuse Act claim. |
Arbitration |
|
I. Petrou | Dec. 21, 2023 |
B319659
|
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 |
|
M. Stratton | Dec. 8, 2023 |
22-15566
|
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 |
|
S. Mendoza | Dec. 6, 2023 |
B327137
|
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 |
|
T. Cody | Nov. 24, 2023 |
D080801
|
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 |
|
W. Dato | Oct. 19, 2023 |
A166355
|
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 |
|
J. Streeter | Oct. 2, 2023 |
22-55856
|
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 |
|
A. Tashima | Sep. 29, 2023 |
A167105
|
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 |
|
I. Petrou | Sep. 29, 2023 |
A167105
|
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 |
|
I. Petrou | Sep. 12, 2023 |
A166537
|
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 |
|
N. Fineman | Sep. 8, 2023 |
A165445
|
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 |
|
J. Richman | Sep. 5, 2023 |
D079967
|
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 |
|
J. Kelety | Aug. 29, 2023 |
C096773
|
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 |
|
J. Renner | Aug. 17, 2023 |
22-35262
|
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 |
|
C. Bea | Aug. 4, 2023 |
22-15322
|
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 |
|
S. Thomas | Jul. 25, 2023 |
21-55009
|
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 |
|
A. Hurwitz | Jul. 24, 2023 |
22-55950
|
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 |
|
M. Smith | Jul. 24, 2023 |
B318880
|
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 |
|
J. Wiley | Jun. 30, 2023 |
B320477
|
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 |
|
G. Feuer | Jun. 28, 2023 |
22-105
|
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 |
|
B. Kavanaugh | Jun. 23, 2023 |
D080532
|
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 |
|
T. Do | Jun. 20, 2023 |
F084167
|
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 |
|
B. Hill | Jun. 1, 2023 |
A165103
|
Jack v. Ring LLC
Arbitration provision was unenforceable where clause contained ambiguous language regarding arbitrability as well as language prohibiting public injunctive relief. |
Arbitration |
|
M. Miller | May 30, 2023 |
B316937
|
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 |
|
K. Escalante | May 22, 2023 |
A165140
|
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 |
|
V. Rodriguez | May 17, 2023 |
B314192
|
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 |
|
E. Berle | May 15, 2023 |
A164090
|
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 |
|
M. Markman | Apr. 26, 2023 |
B316098
|
Basith v. Lithia Motors, Inc.
Nissan dealership's arbitration agreement for its general manager was enforceable because it contained no substantive unconscionability. |
Arbitration |
|
J. Wiley | Apr. 25, 2023 |