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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
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