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Stover v. Experian Holdings
In order to bind parties to new terms pursuant to change-of-terms provision, both parties must have notice that terms have changed and an opportunity to review those changes.
Arbitration 9th Oct. 22, 2020
Revitch v. DIRECTV LLC
Arbitration agreements may not be invoked by a party's affiliate who was not an affiliate when the agreement was entered.
Arbitration 9th Oct. 1, 2020
SEIU Local 121RN v. Los Robles Regional Medical Center
Pursuant to authority under 'Granite Rock Co. v. Int'l Bhd. Of Teamsters,' district court was responsible for whether grievance filed by plaintiff was arbitrable.
Arbitration 9th Sep. 21, 2020
Laver v. Credit Suisse Securities (USA)
FINRA Rule 13204(a)(4)'s prohibition on enforcing arbitration agreements directed at class claims was inapplicable to class waivers.
Arbitration 9th Sep. 21, 2020
Mejia v. DACM Inc.
Trial court properly found the arbitration provision unenforceable under 'McGill v. Citibank, N.A.'
Arbitration 4DCA/3 Sep. 17, 2020
Shivkov v. Artex Risk Solutions
Absent Arizona authority that would subject defendants to a fiduciary duty in connection with an arbitration clause, plaintiffs failed to show that the arbitration clause was unenforceable.
Arbitration 9th Sep. 10, 2020
In re William Grice
Uber driver did not fall within arbitration exemption set forth in Section 1 of Federal Arbitration Act for workers engaged in foreign or interstate commerce.
Arbitration 9th Sep. 8, 2020
Moritz v. Universal City Studios LLC
Federal Arbitration Act requires no enforcement of an arbitration provision with respect to disputes unrelated to the contract in which the provision appears.
Arbitration 2DCA/1 Sep. 4, 2020
Rivera v. Shivers
Trial court erred in believing that the parties stipulated to a nonbinding judicial arbitration.
Arbitration 4DCA/3 Sep. 2, 2020
Conyer v. Hula Media Services, LLC
Trial court incorrectly denied defendant's motion to compel arbitration because plaintiff demonstrated his assent to the arbitration clause and defendant had no obligation to call plaintiff's attention to the arbitration clause.
Arbitration 2DCA/8 Aug. 28, 2020
Williams v. 3620 W. 102nd Street, Inc.
State public policy prohibits arbitration provisions in residential lease agreements.
Arbitration 2DCA/8 Aug. 26, 2020
Davis v. Kozak
Trial court properly denied defendants motion to compel arbitration because the arbitration agreement was both procedurally and substantively unconscionable.
Arbitration 1DCA/3 Aug. 21, 2020
Rittmann v. Amazon.com
Amazon Flex delivery workers were exempt from Federal Arbitration Act's enforcement provisions because they were transportation workers engaged in interstate commerce under 9 U.S.C. Section 1.
Arbitration 9th Aug. 20, 2020
Jarboe v. Hanlees Auto Group
Company affiliation and relatedness of arbitrable claims alone do not establish third-party beneficiary relationships or compel application of equitable estoppel.
Arbitration 1DCA/3 Aug. 19, 2020
Oakland-Alameda County Coliseum v. Golden State Warriors
The word 'terminates' may be interpreted as including termination by nonrenewal in licensing agreements containing debt repayment schedules.
Arbitration 1DCA/5 Aug. 19, 2020
Holley v. Silverado Senior Living Management
Temporary conservators lacked the power to bind conservatee to an arbitration agreement without court approval.
Arbitration 4DCA/3 Aug. 11, 2020
Bautista v. Fantasy Activewear, Inc.
Appellant's petition to compel arbitration was denied because respondents were not acting as agents of the Labor and Workforce Development Agency when they entered into settlement agreements with appellants.
Arbitration 2DCA/1 Jul. 28, 2020
Garner v. Inter-State Oil Co.
Arbitration agreements must be read as whole when using the plain meaning rule to give effect to the mutual intention of the parties.
Arbitration 3DCA Jul. 24, 2020
Torrecillas v. Fitness International
Trial court erred in denying defendant's motion to compel arbitration because arbitration agreements between parties were not procedurally and substantively unconscionable.
Arbitration 2DCA/8 Jul. 23, 2020
Collie v. The Icee Co.
An employee cannot be compelled to arbitrate Private Attorneys General Act cause of action, on the basis of predispute arbitration agreement.
Arbitration 4DCA/2 Jul. 22, 2020
Aixtron, Inc. v. Veeco Instruments Inc.
Arbitrator's pre-hearing discovery subpoena for non-party's business records and computers was not authorized under Federal Arbitration Act, California Arbitration Act or JAMS Rules.
Arbitration 6DCA Jul. 20, 2020
Martinez v. BaronHR, Inc.
Trial court erred in denying defendant's motion to compel arbitration even though neither party initialed next to jury waiver contained in arbitration agreement.
Arbitration 2DCA/4 Jul. 13, 2020
Kec v. Superior Court
An employee's right to bring an action under Private Attorneys General Act of 2004 is unwaivable, and if provision waiving representative claims is not severable, entire contract is void.
Arbitration 4DCA/3 Jul. 13, 2020
Lonky v. Patel
Arbitrator acted within her authority in modifying second ruling prior to issuing final ruling because second ruling did not determine all issues that could have been addressed at that time.
Arbitration 2DCA/2 Jul. 7, 2020
Olabi v. Neutron Holdings, Inc.
Motion to compel arbitration was properly denied because parties' arbitration agreement broadly excluded PAGA actions.
Arbitration 1DCA/5 Jun. 23, 2020
California Union Square L.P. v. Saks & Co. LLC
Arbitrators are limited by and may not modify the terms of an agreement to arbitrate.
Arbitration 1DCA/3 Jun. 15, 2020
Jarboe v. Hanlees Auto Group
Company affiliation and relatedness of arbitrable claims alone do not establish third-party beneficiary relationships or compel application of equitable estoppel.
Arbitration 1DCA/3 Jun. 4, 2020
Harris v. University Village Thousand Oaks, CCRC, LLC
Statutory scheme for continuing care residential communities does not conflict with arbitration provisions of Civil Code Section 1953.
Arbitration 2DCA/6 Jun. 3, 2020
Younan v. Fleming Distribution Company
Defendant waived its right to arbitrate by its repeated choice to forego compelling arbitration in trial court, coupled with its full participation in Labor Commissioner proceedings.
Arbitration 1DCA/3 May 19, 2020
VVA-TWO, LLC v. Impact Development Group, LLC
Arbitrator did not exceed his authority by awarding remedies reflected in the partial final award.
Arbitration 2DCA/1 May 14, 2020