Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B314490
|
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 |
|
J. Wiley | Apr. 24, 2023 |
21-56107
|
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 |
|
M. Schroeder | Apr. 20, 2023 |
D080914
|
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 |
|
W. Dato | Apr. 10, 2023 |
B312261
|
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 |
|
E. Grimes | Apr. 6, 2023 |
B316270
|
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 |
|
C. Moor | Apr. 6, 2023 |
B301774
|
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 |
|
A. Collins | Apr. 3, 2023 |
B317546
|
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 |
|
B. Hoffstadt | Apr. 3, 2023 |
B302925
|
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 |
|
B. Currey | Mar. 28, 2023 |
22-16051
|
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 |
|
M. Bennett | Mar. 17, 2023 |
G061098
|
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 |
|
M. Sanchez | Mar. 9, 2023 |
G061265
|
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 |
|
J. Motoike | Mar. 9, 2023 |
B319601
|
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 |
|
H. Baltodano | Mar. 2, 2023 |
A164407
|
Gostev v. Skillz Platform
Arbitration agreement containing overwhelming substantively unconscionable provisions was unenforceable. |
Arbitration |
|
M. Miller | Mar. 1, 2023 |
F082404
|
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 |
|
D. Franson | Feb. 28, 2023 |
20-15291
|
Chamber of Commerce v. Bonta
State law criminalizing the formation of certain types of arbitration agreements was preempted by the Federal Arbitration Act. |
Arbitration |
|
S. Ikuta | Feb. 16, 2023 |
21-56200
|
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 |
|
D. Boggs | Feb. 14, 2023 |
21-15397
|
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 |
|
M. McKeown | Feb. 14, 2023 |
B322599
|
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 |
|
F. Rothschild | Feb. 6, 2023 |
20-35838
|
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 |
|
C. Bea | Feb. 6, 2023 |
A165837
|
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 |
|
J. Devine | Feb. 2, 2023 |
B312814
|
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 |
|
J. Wiley | Feb. 1, 2023 |
G061329
|
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 |
|
K. O'Leary | Feb. 1, 2023 |
B314968
|
Darby v. Sisyphian, LLC
Gentleman's club owner's response to former employee's confirmation of arbitration award was statutorily untimely. |
Arbitration |
|
B. Hoffstadt | Jan. 30, 2023 |
A163967
|
Iyere v. Wise Auto Group
Arbitration agreement was not unconscionable merely because it stated that it was governed by the Federal Arbitration Act. |
Arbitration |
|
S. Pollak | Jan. 23, 2023 |
21-16423
|
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 |
|
W. Sessions | Jan. 11, 2023 |
E076058
|
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 |
|
C. Codrington | Jan. 10, 2023 |
A164053
|
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 |
|
M. Simons | Jan. 5, 2023 |
21-35530
|
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 |
|
P. Curiam (9th Cir.) | Jan. 3, 2023 |
A161688
|
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 |
|
M. Miller | Dec. 30, 2022 |
H049177
|
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 |
|
C. Lie | Dec. 27, 2022 |