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Najarro v. Superior Court (Horizon Personnel Services, Inc.)
Arbitration clauses that waive employees' right to group or representative actions are contrary to the Private Attorneys General Act and demonstrate substantive unconscionability. 		Arbitration 4DCA/2 Oct. 26, 2021
Caballero v. Premier Care Simi Valley
Absent fraud, a party with limited English proficiency cannot avoid an arbitration provision he signed. 		Arbitration 2DCA/6 Sep. 30, 2021
Brice v. Haynes Investments
A delegation clause requiring an arbitrator to decide the enforceability of an arbitration agreement was valid because it was not a prospective waiver of another prospective waiver claim. 		Arbitration 9th Sep. 17, 2021
Chamber of Commerce v. Bonta
Because California Labor Code Section 432.6 does not offer a way to invalidate an otherwise valid arbitration agreement, it does not conflict with the Federal Arbitration Act. 		Arbitration 9th Sep. 16, 2021
Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief. 		Arbitration 9th Sep. 13, 2021
Modification: Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. 		Arbitration 5DCA Sep. 3, 2021
Modification: Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement. 		Arbitration 2DCA/2 Aug. 23, 2021
Romero v. Watkins & Shepard Trucking
Federal Arbitration Act did not apply to arbitration policy, because FAA exempts workers who are engaged in interstate commerce, and that provision cannot be waived by private agreement. 		Arbitration 9th Aug. 20, 2021
Nixon v. AmeriHome Mortgage Co., LLC
Interpreting California choice-of-law provision in agreement as evidencing parties' intent to apply Labor Code Section 229 to arbitration provision departs from common sense. 		Arbitration 2DCA/7 Aug. 18, 2021
Al- Qarquani v. Chevron
So long as party makes non-frivolous claim that arbitral award is covered by New York Convention, district court must assume subject-matter jurisdiction. 		Arbitration 9th Aug. 13, 2021
CLMS Management Services v. Amwins Brokerage of Georgia
Convention on Recognition and Enforcement of Foreign Arbitral Awards is not 'Act of Congress' subject to reverse-preemption by McCarran-Ferguson Act. 		Arbitration 9th Aug. 13, 2021
Lim v. TForce Logistics
Arbitration provision was procedurally and substantively unconscionable because of its take-it-or-leave-it circumstances, and cost-splitting, fee-shifting, and Texas venue provisions. 		Arbitration 9th Aug. 13, 2021
Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. 		Arbitration 5DCA Aug. 9, 2021
Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement. 		Arbitration 2DCA/2 Aug. 3, 2021
Capriole v. Uber Technologies
Federal Arbitration Act's residual clause exemption is not met where service is primarily local and intrastate in nature. 		Arbitration 9th Aug. 3, 2021
Winns v. Postmates Inc.
Supreme Court's ruling in 'Epic Systems Corp. v. Lewis' did not overrule California Supreme Court's opinion in 'Iskanian v. CLS Transportation Los Angeles, LLC.' 		Arbitration 1DCA/3 Jul. 22, 2021
Western Bagel Co., Inc. v. Superior Court (Calderon)
Federal Arbitration Act bars courts from using contra proferentum to resolve ambiguity as to whether parties consented to nonbinding arbitration. 		Arbitration 2DCA/1 Jul. 20, 2021
Modification: Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration. 		Arbitration 2DCA/6 Jul. 19, 2021
Setty v. Shrinivas Sugandhalaya
Nonsignatory party to partnership deed may compel arbitration but enforcing equitable estoppel principles requires that dispute's subject matter be intertwined into agreement providing for arbitration. 		Arbitration 9th Jul. 8, 2021
JP-Richardson v. Pacific Oaks
Arbitrator did not 'manifestly disregard' the law by relying on adverse inferences based on assertion of Fifth Amendment privilege in entering final award. 		Arbitration 4DCA/3 Jul. 1, 2021
EHM Productions v. Starline Tours
Arbitrators did not exhibit evident partiality by failing to disclose JAMS's prior dealings with party or its counsel. 		Arbitration 9th Jun. 25, 2021
Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration. 		Arbitration 2DCA/6 Jun. 17, 2021
Hansen v. LMB Mortgage Services, Inc.
Federal Arbitration Act Section 4 requires court to proceed summarily to trial when existence of agreement to arbitrate is in issue rather than deny motion to compel arbitration. 		Arbitration 9th Jun. 14, 2021
Pillar Project AG v. Payward Ventures, Inc
In absence of agency relationship between plaintiff and third party, plaintiff was not compelled to arbitrate as a result of third party's agreement to defendant's Terms of Service. 		Arbitration 1DCA/5 May 26, 2021
Banister v. Marinidence Opco, LLC
Arbitration properly denied after evidence showed former employee who allegedly signed electronic arbitration agreement was not only person who could have executed agreement. 		Arbitration 1DCA/5 May 25, 2021
Franklin v. Community Regional Medical Center
Nonsignatory hospital may compel arbitration because plaintiff's Labor Code claims were 'intimately founded in and intertwined with' her contracts with staffing agency. 		Arbitration 9th May 24, 2021
Stafford v. Rite Aid Corp.
Equitable estoppel doctrine did not bind plaintiff to arbitration agreements in contracts between pharmacy and pharmacy benefits managers because plaintiff's fraud claims were independent of obligations under those agreements. 		Arbitration 9th May 24, 2021
McIsaac v. Foremost Insurance Company
Trial court erred in denying petition to arbitrate because although litigation involved some nonarbitrable issues, defendant was entitled to arbitrate amount of plaintiff's underinsured motorist claim. 		Arbitration 1DCA/1 May 21, 2021
Walsh v. Browne
Secretary of Labor cannot be compelled to arbitrate in Fair Labor Standards Act enforcement action even if employees had agreed to arbitration because it was not party to arbitration agreement. 		Arbitration 9th May 19, 2021
Grabowski v. Kaiser Foundation Health Plan, Inc.
Arbitrator's ex parte communication with opposing counsel showed his bias against plaintiff and his failure to disclose this communication was grounds to vacate arbitration award. 		Arbitration 4DCA/1 May 11, 2021
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