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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
Valencia v. Mendoza
An arbitrator may exclude evidence from consideration if it properly determined a party engaged in discovery abuse throughout the process.
Arbitration 2DCA/7 Jul. 3, 2024
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 Jun. 28, 2024
Soltero v. Precise Distribution
Trial court did not err in determining equitable estoppel doctrine inapplicable where party requesting arbitration was a nonsignatory and signatory was not a party to the lawsuit.
Arbitration 4DCA/1 Jun. 20, 2024
Amended Opinion: Herrera v. Cathay Pacific Airways Ltd.
Defendant airline was entitled to enforce third-party booking website's arbitration provision under the doctrine of equitable estoppel.
Arbitration 9th Jun. 17, 2024
Ramirez v. Golden Queen Mining Co.
Failure to dispute authenticity of handwritten signature was a failure to create a factual dispute regarding the existence of an enforceable arbitration agreement.
Arbitration 5DCA Jun. 13, 2024
Caremark LLC v. Choctaw Nation
District court correctly compelled Choctaw Nation's insurance claims to arbitration.
Arbitration, Native American Affairs 9th Jun. 11, 2024
Cook v. University of Southern California et al.
Employment arbitration agreement's indefinite scope and duration rendered it unconscionable.
Arbitration 2DCA/4 May 28, 2024
Hernandez v. Sohnen Enterprises
Federal arbitration standards preempted California arbitration laws when the agreement expressly adopted the Federal Arbitration Act but was silent as to adopting California requirements.
Arbitration 2DCA/5 May 24, 2024
Mar v. Perkins
An employee who promptly rejects an employer's modification to its dispute policy to require arbitration will not be bound, even if he continues to work for the company.
Arbitration, Contracts 2DCA/7 May 24, 2024
Coinbase v. Suski
Whether a subsequent contract containing a forum selection clause superseded an earlier arbitration agreement, delegating question of arbitrability was for courts to decide.
Arbitration USSC May 24, 2024
Garcia v. Stoneledge Furniture LLC
Trial court properly found that no agreement to arbitrate existed where differences between the purported signed arbitration agreement and other signed documents impugned the agreement's authenticity.
Arbitration 1DCA/3 May 21, 2024
Smith v. Spizzirri
When a lawsuit involves an arbitrable dispute and a party requests a stay pending arbitration, the Federal Arbitration Act compels courts to issue a stay rather than dismissing the action.
Arbitration, Statutory Interpretation USSC May 17, 2024
Herzog et al. v. Superior Court (Dexcom, Inc.)
Website's clickwrap agreement did not create an enforceable arbitration agreement because it did not provide reasonably conspicuous notice of its terms to users clicking to accept the agreement.
Arbitration 4DCA/1 May 17, 2024
Holland et al. v. Silverscreen Healthcare, Inc.
Trial court erred by denying nursing facility's petition to compel arbitration as to decendent's parents' wrongful death cause of action.
Arbitration, Torts 2DCA/2 May 14, 2024
Diaz v. Macys West Stores Inc.
District court erred by compelling arbitration of non-individual Private Attorneys General Act claims.
Arbitration, Employment Law 9th May 13, 2024
Reynosa v. Superior Court (Advanced Transportation Services, Inc.)
Employee was not barred from withdrawing from arbitration by continuing to participate in the arbitration where employer failed to timely pay arbitration fees.
Arbitration, Remedies 5DCA May 7, 2024
Keebaugh v. Warner Bros. Entertainment Inc.
Terms of Service, hyperlinked on game's start screen, was reasonably conspicuous, putting users who downloaded the game app on notice to terms requiring arbitration of claims.
Arbitration 9th Apr. 29, 2024
Dougherty v. U.S. Behavioral Health Plan
Because company providing behavioral health services was not a health care service plan, it need not meet Health and Safety Code Section 1363.1's disclosure requirements to enforce arbitration.
Arbitration, Health Care 4DCA/2 Apr. 25, 2024
Mondragon v. Sunrun Inc.
Former employee may continue his individual PAGA claims in court when circumstances surrounding arbitration agreement did not evidence parties' clear intent for arbitrator to decide arbitrability issues.
Arbitration, Employment Law 2DCA/7 Apr. 24, 2024
Semprini v. Wedbush Securities Inc.
Employer waived its right to arbitrate claims by delaying its motion to compel until nine months after *Viking River* purportedly gave it a new right to compel.
Arbitration 4DCA/3 Apr. 22, 2024
Bissonnette v. LePage Bakeries Park St., LLC
A transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the FAA.
Arbitration USSC Apr. 15, 2024
Fli-Lo Falcon LLC v. Amazon.com, Inc.
The Federal Arbitration Act's "transportation worker exemption" does not extend to delivery services contracts between business entities.
Arbitration 9th Apr. 11, 2024
Lew-Williams v. Petrosian
Trial court exceeded its jurisdiction by dismissing plaintiffs' claims for failure to prosecute after it had already granted defendants' motion to compel arbitration.
Arbitration 2DCA/7 Apr. 4, 2024
Vazquez v. SaniSure
Because parties' previous arbitration agreement did not survive employee's second employment stint with same employer, trial court did not err in denying arbitration.
Arbitration 2DCA/6 Apr. 4, 2024
Harrod v. Country Oaks Partners, LLC
Health care agent's power of attorney over principal's health care decisions did not include authority to bind the principal to a separate, optional arbitration agreement presented with other admissions paperwork.
Arbitration CASC Mar. 29, 2024
Weeks v. Interactive Life Forms, LLC
Trial court correctly declined to compel arbitration pursuant to "browsewrap" terms of use on defendant's website, which required no affirmative assent by the consumer.
Arbitration 2DCA/1 Mar. 27, 2024