May 2, 2003

Some State Injunctive Claims May Not Be Arbitrable

Focus Column - Alternative Dispute Resolution - By June Lehrman - The California Supreme Court has held that monetary claims for disgorgement and restitution under California's unfair competition law (Business & Professions Code Section 17200 et seq.) are arbitrable. But the court distinguished injunctive from monetary relief and affirmed the holding that under certain circumstances claims for injunctive relief are not arbitrable. Cruz v. Pacificare Health Systems Inc. , 2003 DJDAR 4329 (Cal. April 24, 2003).