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Honeycutt v. JPMorgan Chase Bank, N.A.
Arbitrator's failure to disclose numerous matters with one of the parties' during the pendency of an arbitration requires reversal.
Arbitration 2DCA/7 Aug. 6, 2018
Munro v. University of Southern California
Denial of motion to compel arbitration affirmed where action’s claims are brought on behalf of ERISA plans and therefore do not fall within scope of arbitration agreement.
Arbitration 9th Jul. 25, 2018
Williams v. Atria Las Posas
Denial of motion to compel arbitration based on dispositive integration clause in agreement signed before arbitration agreement reversed and remanded where former agreement is not intended as parties’ final, complete agreement.
Arbitration 2DCA/6 Jul. 2, 2018
Smythe v. Uber Technologies Inc.
Uber driver who also drove for ride-share competitor Lyft not bound by arbitration agreement signed with company when bringing action in his capacity as a Lyft driver.
Arbitration 1DCA/3 Jun. 11, 2018
Epic Systems Corp. v. Lewis
Federal Arbitration Act trumps savings clause and National Labor Relations Act, requiring enforcement of arbitration agreements, including terms requiring individualized proceedings.
Arbitration USSC May 22, 2018
Benaroya v. Willis
Arbitrator may not join nonsignatory of arbitration contract to arbitration proceedings absent a prior judicial ruling approving such.
Arbitration 2DCA/4 May 18, 2018
Weiler v. Marcus & Millichap Real Estate Investment Services
When a party has engaged in arbitration in good faith, but can no longer afford to continue in such a forum, said party may seek relief from in superior court.
Arbitration 4DCA/3 May 2, 2018
EHM Productions, Inc. v. Starline Tours of Hollywood, Inc.
Incremental cost and fee award process not inappropriate in arbitration action, where not all issues may be resolved at time of initial, partial award.
Arbitration 2DCA/2 Mar. 30, 2018
Khorsand v. Liberty Mutual Fire Insurance Co.
Appraiser's declaration admissible under 'Cobler' to determine whether award procured by fraud or other undue means
Arbitration 2DCA/4 Mar. 2, 2018
Avila v. Southern California Specialty Care, Inc.
A claimant alleging wrongful death due to neglect under the Elder Abuse Act is not subject to arbitration requirements under MICRA
Arbitration 4DCA/1 Feb. 28, 2018
Muro v. Cornerstone Staffing Solutions
Order denying motion to compel arbitration affirmed where Federal Arbitration Act is inapplicable to transportation worker employment agreement to waive class actions and applicable state law deems waiver unenforceable.
Arbitration 4DCA/1 Feb. 26, 2018
Douglass v. Serenivision, Inc.
Party clearly, unmistakably consents to arbitration where party willfully participates in proceeding without objection, asks arbitrator to issue order, and tries to rescind participation after arbitrator denies request.
Arbitration 2DCA/2 Feb. 12, 2018
Sanchez v. Elizondo
Arbitration award should not be vacated by district court unless it is completely irrational.
Arbitration 9th Jan. 8, 2018
Vividus LLC v. Express Scripts Inc.
The Federal Arbitration Act does not grant arbitrators the power to compel third parties to produce documents prior to an arbitration hearing.
Arbitration 9th Dec. 22, 2017
Modification: Julian v. Glenair Inc.
Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim.
Arbitration 2DCA/4 Dec. 15, 2017
Jensen v. U-Haul Co. of California
Injured worker may not be compelled to arbitrate action against U-Haul as nonsignatory to arbitration agreement under theories of third-party beneficiary, agency, or estoppel.
Arbitration 4DCA/2 Dec. 13, 2017
State Farm General Insurance Co. v. Watts Regulator Co.
A previous right to compulsory arbitration does not become vested when the parties agree to become bound by new arbitration guidelines to the contrary.
Arbitration 2DCA/8 Dec. 4, 2017
Yang v. Dongwon Industries Co.
A party wishing to compel arbitration under U.N. arbitration convention must be a signatory and a party to the agreement containing the clause.
Arbitration 9th Dec. 1, 2017
Julian v. Glenair Inc.
Agreement to arbitrate PAGA claim not enforceable where respondent enters into agreement before respondent is statutorily authorized to bring claim.
Arbitration 3DCA Nov. 29, 2017
Baxter v. Genworth North America Corporation
Arbitration agreement invalid where employee is powerless to bargain over the agreement's terms and where agreement unfairly skews in employers favor.
Arbitration 1DCA/3 Oct. 30, 2017
Melendrez v. San Francisco Baseball Association LLC
Motion to compel arbitration erroneously denied where federal preemption applies given that resolution of controversy necessarily requires interpretation of parties' collective bargaining agreement.
Arbitration 1DCA/3 Oct. 19, 2017
Sargon Enterprises Inc. v. Browne George Ross LLP
Arbitrator’s conclusion that arbitration agreement precluded party from filing malpractice action in trial court violated party’s statutory right to petition.
Arbitration 2DCA/3 Sep. 28, 2017
U.S. and Nevada ex rel. Welch v. My Left Foot Children's Therapy LLC
Denial of motion to compel arbitration upheld on alternate ground, where False Claims Act claims do not fall within scope of arbitration agreement.
Arbitration 9th Sep. 12, 2017
Amended Opinion: Portland General Electric Co. v. Liberty Mutual Insurance Co.
District court’s error in deciding scope of arbitration clause results in vacated judgment and remand to allow arbitrator to settle dispute.
Arbitration 9th Aug. 29, 2017
Sprunk v. Prisma LLC
Employer’s motion to compel arbitration properly denied, where it waives right to compel arbitration against class members by deciding not to seek arbitration against named plaintiff.
Arbitration 2DCA/1 Aug. 25, 2017
OTO LLC v. Kho
Denial of employer’s petition to compel arbitration of employee’s claim for unpaid wages reversed, where arbitration proceeding is not substantively unconscionable.
Arbitration 1DCA/1 Aug. 24, 2017
Harshad & Nasir Corp. v. Global Sign Systems
Trial court’s failure to apply correct standards in reviewing arbitrator’s award and lack of evidence supporting award lead to reversal.
Arbitration 2DCA/1 Aug. 17, 2017
Esparza v. KS Industries L.P.
In employment dispute, PAGA claims seeking civil penalties are not subject to arbitration whereas claims to recover wages under Labor Code Section 558 are subject to arbitration.
Arbitration California Courts of Appeal Aug. 4, 2017
Baker v. Italian Maple Holdings LLC
Arbitration agreement containing statutory ‘cooling off’ period is effective immediately upon execution; signatory’s death occurring before period does not render agreement unenforceable absent other grounds.
Arbitration California Courts of Appeal Aug. 2, 2017
Aanderud v. Superior Court
An arbitration agreement’s delegation clause is enforceable if it is clear and unmistakable and if it is not revocable for unconscionability under 'Tiri v. Lucky Chances Inc.'
Arbitration California Courts of Appeal Jul. 28, 2017