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Alper v. Rotella
Plaintiffs could not vacate arbitration award based on arbitrator's alleged impairment because they did not make timely demand to disqualify him before conclusion of hearing.
Arbitration 4DCA/3 May 7, 2021
Speier v. The Advantage Fund, LLC
Because arbitrator did not fail to make required disclosure, trial court did not err by confirming arbitration award.
Arbitration 4DCA/3 Apr. 21, 2021
Zoller v. GCA Advisors
Arbitration agreement contained clear language encompassing employment disputes and evidence showed that plaintiff knowingly waived her right to judicial forum.
Arbitration 9th Apr. 15, 2021
Kuntz v. Kaiser Foundation Hospital
Government Code Section 22869 exempts CalPERS enrollments from the requirements of Section 1363.1 where CalPERS Board disseminates information pursuant to Section 22863.
Arbitration 3DCA Apr. 14, 2021
Wilson-Davis v. SSP America, Inc.
Arbitration between labor union and employer was properly denied because collective bargaining agreement did not waive employees' right to pursue their claims in judicial forum.
Arbitration 2DCA/3 Apr. 13, 2021
Betancourt v. Transportation Brokerage Specialists, Inc.
Delivery driver was exempt from Federal Arbitration Act coverage as transportation worker engaged in interstate commerce under Section 1 of FAA.
Arbitration 1DCA/3 Mar. 31, 2021
Bacall v. Shumway
Exception to rule that court may not set aside arbitration award did not apply because arbitrator did not enforce illegal contract, instead, arbitrator severed unlawful legal services rendered on contract.
Arbitration 2DCA/8 Mar. 17, 2021
Modification: Alvarez v. Altamed Health Services Corporation
Trial court erred in denying defendant's motion to compel arbitration and in failing to consider whether provision in arbitration agreement authorizing review of second arbitrator was severable.
Arbitration 2DCA/8 Mar. 8, 2021
Contreras v. Superior Court (Zum Services Inc.)
Preliminary question of whether a plaintiff is an aggrieved employee under Private Attorneys General Act may not be decided in private party arbitration.
Arbitration 2DCA/5 Mar. 2, 2021
DiCarlo v. MoneyLion Inc.
Litigants proceeding in individual lawsuits may request public injunctive relief without becoming private attorneys general; thus, arbitration provision was valid because public injunctive relief was available.
Arbitration 9th Feb. 22, 2021
Roussos v. Roussos
Arbitration award vacated based on arbitrator's failure to disqualify himself upon defendant's timely service of notice of disqualification pursuant to Code of Civil Procedure Section 1281.91(b).
Arbitration 2DCA/7 Feb. 17, 2021
Subaru of America, Inc. v. Putnam Automotive, Inc.
Because two agreements parties entered into were not intended to constitute one contract, they could not be considered in conjunction for purposes of Motor Vehicle Franchise Contract Arbitration Fairness Act's exception to arbitration.
Arbitration 1DCA/2 Feb. 12, 2021
Maldonado v. Fast Auto Loans
Trial court properly concluded that arbitration provision was unenforceable under 'McGill v. Citibank, N.A.' because plaintiffs' complaint requested remedies that encompassed all consumers and members of the public.
Arbitration 4DCA/3 Feb. 9, 2021
Alvarez v. Altamed Health Services Corporation
Trial court erred in denying defendant's motion to compel arbitration and in failing to consider whether provision in arbitration agreement authorizing review of second arbitrator was severable.
Arbitration 2DCA/8 Feb. 8, 2021
Cabatit v. Sunnova Energy Corporation
Trial court properly found that arbitration clause in solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable.
Arbitration 3DCA Feb. 2, 2021
Setty v. Shrinivas Sugandhalaya
District court did not abuse its discretion in rejecting defendant's argument that plaintiffs should be equitably estopped from avoiding arbitration.
Arbitration 9th Jan. 21, 2021
Garcia v. Haralambos Beverage Co.
Defendant waived right to arbitration because it delayed filing its motion to compel arbitration for two years, engaged in classwide discovery and mediation, and prejudiced plaintiffs.
Arbitration 2DCA/5 Jan. 6, 2021
Ali v. Daylight Transport, LLC
Arbitration provision contained substantively unconscionable terms because it substantially shortened statute of limitations period.
Arbitration 1DCA/2 Jan. 5, 2021
Langere v. Verizon Wireless Services
A plaintiff does not create appellate jurisdiction by voluntarily dismissing his claims with prejudice after being forced to arbitrate them.
Arbitration 9th Dec. 30, 2020
State of California v. Pain Management Specialist Medical Group
Insurance company's qui tam action against surgical center was not subject to arbitration because it was brought on behalf of the state, which was not a party to their contract.
Arbitration 2DCA/6 Dec. 23, 2020
Dept. of Human Resources v. International Union of Operating Engineers
Arbitrator's conclusion that once employee requests purge of negative materials in personnel file, those files cannot be used to support adverse action violated public policy related to civil service employment.
Arbitration 5DCA Dec. 21, 2020
Malek Media Group LLC v. AXQG Corp.
Trial court properly confirmed arbitration award because arbitrator was not required to disclose his prior relationship with LGBTQ rights organization.
Arbitration 2DCA/3 Dec. 18, 2020
Garcia v. KND Development 52, LLC
Petition to compel arbitration was properly denied because hospital failed to meet its burden in proving agent had authority to execute arbitration agreements.
Arbitration 2DCA/4 Dec. 17, 2020
Sandoval-Ryan v. Oleander Holdings
Because there was an absence of clear and unmistakable language delegating threshold arbitrability issues to arbitrator, trial court did not err in deciding whether arbitration agreement was enforceable.
Arbitration 3DCA Dec. 9, 2020
Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc.
Arbitration clause on reverse side of contract, after parties' signatures, in eight-point type, with no headings, italics, or boldface was inconspicuous; thus, petition to compel arbitration was properly denied.
Arbitration 2DCA/6 Dec. 7, 2020
Coughenour v. Del Taco
Defendant's motion to compel arbitration was properly denied because plaintiff did not ratify arbitration agreement by continuing to work for defendant for four months after reaching age of 18.
Arbitration 4DCA/2 Nov. 24, 2020
Brown v. TGS Management Co., LLC
Arbitrator exceeded his power in issuing award enforcing provisions of employment agreement which illegally restricted plaintiff's right to work.
Arbitration 4DCA/3 Nov. 16, 2020
Swain v. Laseraway Medical Group
Trial court did not err in ruling defendant could not enforce arbitration agreement against plaintiff because arbitration agreement was unconscionable.
Arbitration 2DCA/7 Nov. 5, 2020
Olson v. Lyft, Inc.
'Iskanian v. CLS Transportation Los Angeles, LLC's holding was applicable to invalidate PAGA waivers and Supreme Court's holding in 'Epic Systems Corp. v. Lewis' did not overrule it.
Arbitration 1DCA/2 Nov. 2, 2020
Epstein v. Vision Service Plan
Health and Safety Code Section 1367 did not bar parties to network provider agreement from agreeing to arbitration in lieu of subsequent judicial review through administrative mandamus.
Arbitration 1DCA/1 Oct. 23, 2020