Litigation & Arbitration
May 9, 2025
Do the discovery provisions in SB 940 apply to arbitrations commenced before January 2025?
California's SB 940 expands arbitration discovery, reversing the presumption of limited access unless parties opt out, but its retroactive application remains uncertain for ongoing cases.
Glenda Sanders
Arbitrator, Mediator, Special Master/Referee, and Neutral Evaluator
JAMS
Hon. Glenda Sanders (Ret) is an arbitrator, mediator, special master/referee and neutral evaluator at JAMS. Prior to JAMS, Judge Sanders served as a judge of the Orange County Superior Court for 20 years, including six years on the Complex Civil Litigation Panel.
Janet Lee ("Jayli") Miller
Discovery Referee, Special Master and Arbitrator
JAMS
Janet Lee (Jayli) Miller serves as discovery referee, special master and arbitrator at JAMS, handling employment, business, construction, and complex litigation matters. Ms. Miller has been an attorney for over 30 years, practicing litigation, working in-house for startups, and serving as the Staff Attorney for Complex Litigation at the San Francisco Superior Court and court-appointed mediator and discovery referee for the Marin County Superior Court.
On Jan. 1, 2025, discovery in arbitrations governed by California law significantly changed with the enactment of Senate Bill 940. SB 940 expands the scope of discovery available in arbitrations and the power of arbitrators to order discovery. Parties currently arbitrating disputes are uncertain as to how SB 940 impacts their proceedings. Do these changes apply retroactively to all pending proceedings or o...
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