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Goodwin v. Comerica Bank, N.A.
A bank forfeited the right to demand disqualification of the arbitrator because it did not seek disqualification before the conclusion of the arbitration proceedings.
Arbitration 1DCA/4 Dec. 17, 2021
De Leon v. Pinnacle Property Management Services, LLC
Arbitration agreement signed as a precondition of employment was unenforceable because its terms limiting discovery and shortening the limitations period for all claims were unconscionable.
Arbitration 4DCA/3 Dec. 10, 2021
Gamboa v. Northeast Community Clinic
An order denying a motion to compel arbitration was affirmed because defendant failed to meet its burden of proof after the trial court sustained objections to defendant's proffered evidence.
Arbitration 2DCA/7 Dec. 1, 2021
Martinez-Gonzalez v. Elkhorn Packing
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress.
Arbitration 9th Nov. 4, 2021
Gordon v. Atria Management Company
Because an agent was authorized to sign an arbitration agreement on behalf of the principal with respect to her personal care, there was a valid arbitration agreement.
Arbitration 1DCA/5 Oct. 29, 2021
Najarro v. Superior Court (Horizon Personnel Services, Inc.)
Arbitration clauses that waive employees' right to group or representative actions are contrary to the Private Attorneys General Act and demonstrate substantive unconscionability.
Arbitration 4DCA/2 Oct. 26, 2021
Caballero v. Premier Care Simi Valley
Absent fraud, a party with limited English proficiency cannot avoid an arbitration provision he signed.
Arbitration 2DCA/6 Sep. 30, 2021
Brice v. Haynes Investments
A delegation clause requiring an arbitrator to decide the enforceability of an arbitration agreement was valid because it was not a prospective waiver of another prospective waiver claim.
Arbitration 9th Sep. 17, 2021
Chamber of Commerce v. Bonta
Because California Labor Code Section 432.6 does not offer a way to invalidate an otherwise valid arbitration agreement, it does not conflict with the Federal Arbitration Act.
Arbitration 9th Sep. 16, 2021
Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief.
Arbitration 9th Sep. 13, 2021
Modification: Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state.
Arbitration 5DCA Sep. 3, 2021
Modification: Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement.
Arbitration 2DCA/2 Aug. 23, 2021
Romero v. Watkins & Shepard Trucking
Federal Arbitration Act did not apply to arbitration policy, because FAA exempts workers who are engaged in interstate commerce, and that provision cannot be waived by private agreement.
Arbitration 9th Aug. 20, 2021
Nixon v. AmeriHome Mortgage Co., LLC
Interpreting California choice-of-law provision in agreement as evidencing parties' intent to apply Labor Code Section 229 to arbitration provision departs from common sense.
Arbitration 2DCA/7 Aug. 18, 2021
Al- Qarquani v. Chevron
So long as party makes non-frivolous claim that arbitral award is covered by New York Convention, district court must assume subject-matter jurisdiction.
Arbitration 9th Aug. 13, 2021
CLMS Management Services v. Amwins Brokerage of Georgia
Convention on Recognition and Enforcement of Foreign Arbitral Awards is not 'Act of Congress' subject to reverse-preemption by McCarran-Ferguson Act.
Arbitration 9th Aug. 13, 2021
Lim v. TForce Logistics
Arbitration provision was procedurally and substantively unconscionable because of its take-it-or-leave-it circumstances, and cost-splitting, fee-shifting, and Texas venue provisions.
Arbitration 9th Aug. 13, 2021
Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state.
Arbitration 5DCA Aug. 9, 2021
Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement.
Arbitration 2DCA/2 Aug. 3, 2021
Capriole v. Uber Technologies
Federal Arbitration Act's residual clause exemption is not met where service is primarily local and intrastate in nature.
Arbitration 9th Aug. 3, 2021
Winns v. Postmates Inc.
Supreme Court's ruling in 'Epic Systems Corp. v. Lewis' did not overrule California Supreme Court's opinion in 'Iskanian v. CLS Transportation Los Angeles, LLC.'
Arbitration 1DCA/3 Jul. 22, 2021
Western Bagel Co., Inc. v. Superior Court (Calderon)
Federal Arbitration Act bars courts from using contra proferentum to resolve ambiguity as to whether parties consented to nonbinding arbitration.
Arbitration 2DCA/1 Jul. 20, 2021
Modification: Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration.
Arbitration 2DCA/6 Jul. 19, 2021
Setty v. Shrinivas Sugandhalaya
Nonsignatory party to partnership deed may compel arbitration but enforcing equitable estoppel principles requires that dispute's subject matter be intertwined into agreement providing for arbitration.
Arbitration 9th Jul. 8, 2021
JP-Richardson v. Pacific Oaks
Arbitrator did not 'manifestly disregard' the law by relying on adverse inferences based on assertion of Fifth Amendment privilege in entering final award.
Arbitration 4DCA/3 Jul. 1, 2021
EHM Productions v. Starline Tours
Arbitrators did not exhibit evident partiality by failing to disclose JAMS's prior dealings with party or its counsel.
Arbitration 9th Jun. 25, 2021
Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration.
Arbitration 2DCA/6 Jun. 17, 2021
Hansen v. LMB Mortgage Services, Inc.
Federal Arbitration Act Section 4 requires court to proceed summarily to trial when existence of agreement to arbitrate is in issue rather than deny motion to compel arbitration.
Arbitration 9th Jun. 14, 2021
Pillar Project AG v. Payward Ventures, Inc
In absence of agency relationship between plaintiff and third party, plaintiff was not compelled to arbitrate as a result of third party's agreement to defendant's Terms of Service.
Arbitration 1DCA/5 May 26, 2021
Banister v. Marinidence Opco, LLC
Arbitration properly denied after evidence showed former employee who allegedly signed electronic arbitration agreement was not only person who could have executed agreement.
Arbitration 1DCA/5 May 25, 2021