For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Sign up for Daily Journal emails
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
OTO L.L.C. v. Kho
Arbitration agreement was unconscionable due to substantial procedural unconscionability based on coercive circumstances surrounding its execution, and sufficient substantive unconscionability based on its one-sided impacts on the signatory employee. 		Arbitration CASC Aug. 30, 2019
Lopez v. Bartlett Care Center, LLC
Resident-Facility Arbitration Agreement was properly found unenforceable due to unconscionability, and the court deferred to the trial court's credibility determination favoring plaintiff in the face of conflicting evidence. 		Arbitration 4DCA/3 Aug. 30, 2019
Dorman v. Charles Schwab Corp.
'American Express Co. v. Italian Colors Restaurant' was intervening Supreme Court authority irreconcilable with 'Amaro v. Continental Can Co.', so ERISA claims may now be subject to mandatory arbitration. 		Arbitration 9th Aug. 21, 2019
Lacayo v. Catalina Restaurant Group Inc.
Trial court's order leaving decision on classwide arbitration to the arbitrator was not appealable, and the parties' arbitration agreement contained a specific exemption for unfair competition claims. 		Arbitration 4DCA/2 Aug. 5, 2019
Valentine v. Plum Healthcare Group, LLC
Defendants did not establish that plaintiff signed arbitration agreements as decedent's agent; thus plaintiff could not bind his children to arbitrate wrongful death claims. 		Arbitration 3DCA Jul. 29, 2019
Newirth v. Aegis Senior Communities
Defendant waived its right to arbitrate because defendant made intentional decision not to compel arbitration in order to take advantage of judicial forum, and plaintiffs were prejudiced by incurring costs. 		Arbitration 9th Jul. 25, 2019
Blair v. Rent-A-Center
California Supreme Court 'McGill' rule is 'generally applicable contract defense' not preempted by FAA, and invalidates arbitration clause that purports to waive an individual's right to seek public injunctive relief. 		Arbitration 9th Jul. 1, 2019
Levinson Arshonsky & Kurtz LLP v. Kim
Code of Civil Procedure Section 1294(a) did not apply to mandatory fee arbitration under the Mandatory Fee Arbitration Act, so appellant's appeal was not authorized by statute. 		Arbitration 2DCA/1 May 31, 2019
Heimlich v. Shivji
Statutory arbitration scheme provided no recourse for vacation or correction where arbitrator refused, mistakenly or not, to award costs based on a belief in lack of jurisdiction. 		Arbitration CASC May 31, 2019
In Re Holl
The district court did not clearly err by determining that plaintiff assented to terms on store website which incorporated an arbitration clause; thus writ of mandamus petition was denied. 		Arbitration 9th May 31, 2019
Nunez v. Nevell Group, Inc.
Defendant waived its right to compel arbitration by advising trial court in writing that it would not file motion to compel arbitration and by delaying filling of motion and prejudicing plaintiff. 		Arbitration 4DCA/3 May 30, 2019
Lambert v. Tesla
Under the reasoning of 'EEOC v. Luce, Forward, Hamilton & Scripps' addressing the arbitrability of Title VII claims, Section 1981 claims are also arbitrable. 		Arbitration 9th May 20, 2019
Muller v. Roy Miller Freight Lines, LLC
Where transportation worker plays 'integral role' in transporting goods through interstate commerce, FAA exemption applies though worker himself did not cross state lines. 		Arbitration 4DCA/3 May 2, 2019
Lamps Plus, Inc. v. Varela
Ambiguity as to classwide arbitration in employment contract 'does not provide sufficient basis to conclude' parties agreed to decide classwide matters in arbitration, notwithstanding state contract law principles. 		Arbitration USSC Apr. 25, 2019
Castro v. Tri Marine Fish Co
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator. 		Arbitration 9th Apr. 16, 2019
Castro v. Tri Marine Fish Co.
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator. 		Arbitration 9th Feb. 28, 2019
Correia v. NB Baker Electric, Inc.
'Iskanian,' not 'Epic,' binds California intermediate appellate courts on the issue of whether governmental disputes, including PAGA claims, are subject to the Federal Arbitration Act. 		Arbitration 4DCA/1 Feb. 26, 2019
Vasquez v. San Miguel Produce, Inc.
An agency or similar relationship, such as being co-employers, between the nonsignatory and one of the parties to an arbitration agreement allows enforcement of the arbitration agreement by the nonsignatory. 		Arbitration 2DCA/6 Feb. 1, 2019
Aspic Engineering and Construction v. ECC Centcom Constructors
Where arbitrator's award 'fails to draw its essence from' underlying parties' agreement as to conditional construction subcontracts in Afghanistan, vacatur proper. 		Arbitration 9th Jan. 29, 2019
New Prime Inc. v. Oliveira
A court should decide whether the Federal Arbitration Act's Section 1 "contracts of employment" exclusion applies before invoking the statutory powers of the Act to stay litigation and compel arbitration. 		Arbitration USSC Jan. 16, 2019
Henry Schein, Inc. v. Archer & White Sales, Inc.
Where parties contract to have arbitrator decide threshold arbitrability question, court 'possesses no power to decide' said question, even where it believes motion for arbitration is 'wholly groundless.' 		Arbitration USSC Jan. 9, 2019
Stevens v. Jiffy Lube Int'l
Federal Rule of Civil Procedure 6(a) governs how to calculate the Federal Arbitration Act's three-month filing deadline; thus, appellants were one day late in filing their petition to vacate the arbitral award. 		Arbitration 9th Dec. 28, 2018
Howard v. Goldbloom
Arbitration is not proper when a dispute is based on obligations independent and outside the scope of an employment relationship; thus, parties' dispute not subject to arbitration. 		Arbitration 1DCA/4 Dec. 26, 2018
Local Joint Exec. Bd. v. Mirage Casino-Hotel
Whether a collective bargaining agreement creates a duty for the parties to arbitrate a particular grievance, is a question for judicial determination unless the parties 'clearly and unmistakably provide otherwise.' 		Arbitration 9th Dec. 14, 2018
Modification: Ramos v. Superior Court
Arbitration agreement unconscionable under minimum requirements of 'Armendariz v. Foundation Health Psychcare Services, Inc.' because it limited employee's remedies and provided that employee must bear half the costs of arbitration. 		Arbitration 1DCA/1 Nov. 30, 2018
Ramos v. Superior Court
Arbitration agreement unconscionable under minimum requirements of 'Armendariz v. Foundation Health Psychcare Services, Inc.' because it limited employee's remedies and provided that employee must bear half the costs of arbitration. 		Arbitration 1DCA/1 Nov. 6, 2018
O'Connor v. Uber
District court's denial of Uber's motion to compel arbitration was reversed; the question of arbitrability was designated to the arbitrator. 		Arbitration 9th Sep. 26, 2018
Branches Neighborhood Corp. v. CalAtlantic Group, Inc.
When the Covenants, Conditions and Restrictions of an association require consent to file a claim, public policy requires the court to follow its plain language; thus the arbitrator did not exceed its powers. 		Arbitration 4DCA/3 Aug. 28, 2018
Fuentes v. TMCSF, Inc.
A trial court properly denied a motion to compel arbitration, where the moving party was not a signatory to the agreement which contained the arbitration provision at issue. 		Arbitration 4DCA/2 Aug. 27, 2018
Maplebear v. Busick
Partial final arbitration award that speaks to preliminary issue but 'leaves unanswered almost every question' raised in arbitration demand is not an 'award' on which superior court can act. 		Arbitration 1DCA/2 Aug. 23, 2018
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.