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Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC
Sanctions were proper against counsel who filed a frivolous opposition to motion to confirm an arbitration award, and counsel's meritless appeal warranted further sanctions.
Arbitration, Attorneys 4DCA/3 Feb. 12, 2025
Vo v. Technology Credit Union
Arbitration agreement was not unconscionable where it sufficiently provided for the possibility of third-party discovery.
Arbitration, Employment Law 6DCA Feb. 6, 2025
Casey v. Superior Court (D.R. Horton Inc.)
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act preempts attempts under state law to compel arbitration of sexual harassment cases, and parties cannot contract around the law with a choice-of-law provision.
Arbitration, Employment Law 1DCA/1 Feb. 5, 2025
Sanchez v. Superior Court (Consumer Defense Legal Group)
Arbitration agreement was unconscionable and therefore unenforceable because it involved oppressive terms; prohibitively high fees; and a language plaintiff did not speak.
Arbitration 4DCA/3 Feb. 5, 2025
Colon-Perez v. Security Industry Specialists
Code of Civil Procedure Section 473(b)'s discretionary relief for mistake, surprise, or excusable neglect could not be reconciled with Section 1281.98's strict deadline requirement for arbitration fees.
Arbitration 1DCA/1 Jan. 30, 2025
Lombardo v. Gramercy Court
Where principal's actions did not evidence granting agent authority to enter into arbitration agreements, trial court did not err in denying petition to compel arbitration.
Arbitration 3DCA Jan. 3, 2025
Huff v. Interior Specialists, Inc.
After ordering plaintiff's individual Private Attorneys General Act claims to arbitration, trial court erred in dismissing the nonindividual PAGA claims plaintiff brought on behalf of other aggrieved employees.
Arbitration 4DCA/1 Dec. 31, 2024
Leeper v. Shipt, Inc.
Since all Private Attorneys General Act claims necessarily contain individual and representative components, the individual component may be compelled to arbitration, staying litigation of the representative component.
Employment Law, Arbitration 2DCA/1 Dec. 31, 2024
Jenkins v. Dermatology Management, LLC
Trial court properly refused to enforce and sever procedurally and substantively unconscionable arbitration agreement.
Arbitration 2DCA/6 Dec. 23, 2024
Hansen v. Musk
Although an arbitrator's decision cannot preclude a Sarbanes-Oxley (SOX) claim, a confirmed arbitral award can sometimes preclude re-litigation of the issues underlying a SOX claim.
Arbitration, Securities 9th Dec. 11, 2024
Gonzalez v. Nowhere Beverly Hills LLC
Claims against a group of related entities arose out of an employment agreement and therefore were sufficiently intertwined to merit equitable estoppel and compel arbitration.
Arbitration 2DCA/1 Dec. 5, 2024
Trujillo v. J-M Manufacturing Co., Inc.
Code of Civil Procedure Section 1281.98's late fee arbitration waiver does not apply to parties who make post-dispute stipulations to arbitrate.
Arbitration 2DCA/8 Dec. 4, 2024
Ortiz v. Elmcrest Care Center, LLC
An interim arbitration award was not final because the arbitrator expressly reserved the right to make a final determination.
Arbitration 2DCA/3 Nov. 8, 2024
Heckman v. Live Nation Entertainment Inc.
Arbitration agreement to be conducted under New Era's Expedited/Mass Arbitration rules was unconscionable, due in part to its bellwether process.
Arbitration 9th Oct. 29, 2024
West v. Solar Mosaic, LLC
Trial court properly declined to enforce arbitration provision, where plaintiff with dementia did not ratify the agreement and likely lacked the capacity to execute in the first place.
Arbitration 2DCA/8 Oct. 17, 2024
Kramer v. Coinbase, Inc.
Trial court did not err in concluding that plaintiffs were not required to arbitrate their consumer law, public injunctive relief claims against cryptocurrency company.
Arbitration, Consumer Law 1DCA/3 Oct. 8, 2024
Liu v. Miniso Depot CA, Inc.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act exempts an entire case from arbitration where plaintiff asserts at least one sexual harassment claim subject to the act.
Arbitration, Employment Law 2DCA/1 Oct. 8, 2024
Doe v. Second Street Corp.
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act rendered an arbitration provision unenforceable as applied to conduct that began prior to and continued following the statute's effective date.
Arbitration 2DCA/3 Oct. 2, 2024
Enmark v. KC Community Care
Conservatorship order did not confer authority to bind conservator to arbitration.
Arbitration 2DCA/2 Sep. 27, 2024
Campbell v. Sunshine Behavioral Health
Party seeking to compel arbitration waived its right where it acted as though it intended to litigate the claim and eventually entering a joint stipulation to participate in mediation.
Arbitration 4DCA/3 Sep. 26, 2024
Rivera v. Superior Court (Ford Motor Company)
Manufacturer Ford Motor Co. could not compel arbitration as a third-party beneficiary to car sale contract.
Arbitration, Consumer Law 2DCA/6 Sep. 25, 2024
Maxwell v. Atria Management Co., LLC
Trial court's denial of motion to compel arbitration was remanded to determine threshold issues, e.g., whether the durable power of attorney validly executed arbitration agreement on behalf of deceased.
Arbitration, Health Care 1DCA/1 Sep. 23, 2024
Anoke v. Twitter
No arbitration fee default where plaintiffs' counsel erroneously paid defendant's share of arbitration fees and defendant promptly paid after the mistake was corrected.
Arbitration 1DCA/5 Sep. 20, 2024
Review granted: Keeton v. Tesla
Tesla materially breached arbitration agreement by paying pre-hearing arbitration deposit three days late because CCP Section 1281.98's 30-day payment requirement must be strictly enforced.
Arbitration 1DCA/1 Sep. 16, 2024
Ronderos v. USF Reddaway Inc.
District court did not abuse its discretion in declining to sever unconscionable terms of an arbitration agreement containing unfair surprise and one-sided terms.
Arbitration 9th Aug. 23, 2024
Mahram v. The Kroger Co.
Ralphs grocery store could not compel a consumer's claims to arbitration by invoking the terms of service in his agreement with Instacart, the service that delivered the groceries.
Arbitration 2DCA/8 Aug. 22, 2024
Quach v. California Commerce Club, Inc.
Overturning *St. Agnes Medical Center v. PacifiCare of California*, waiver of the right to compel arbitration no longer requires a showing of prejudice.
Arbitration CASC Jul. 26, 2024
Hearden v. Windsor Redding Care Center
Despite arbitration agreements signed by relatives in purportedly representative capacity, the agreements were not enforceable because no agency relationship, actual or ostensible, existed between the relatives and the signatories.
Arbitration 3DCA Jul. 25, 2024
Lopez v. Aircraft Service International Inc.
District court correctly denied motion to compel arbitration because plaintiff, an airline fuel technician, fell within the Federal Arbitration Act's transportation worker exemption.
Arbitration 9th Jul. 22, 2024
Ramirez v. Charter Communications Inc.
California Supreme Court provided guidelines for severing unconscionable arbitration terms. Inter alia, courts should consider whether the defects indicate an intent to secure a forum that works to the stronger party's advantage.
Arbitration CASC Jul. 16, 2024