Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S276545
|
Harrod v. Country Oaks Partners, LLC
Health care agent's power of attorney over principal's health care decisions did not include authority to bind the principal to a separate, optional arbitration agreement presented with other admissions paperwork. |
Arbitration |
|
M. Jenkins | Mar. 29, 2024 |
B323430
|
Weeks v. Interactive Life Forms, LLC
Trial court correctly declined to compel arbitration pursuant to "browsewrap" terms of use on defendant's website, which required no affirmative assent by the consumer. |
Arbitration |
|
G. Weingart | Mar. 27, 2024 |
D083006
|
Davis v. Nissan North America, Inc.
Defendant car manufacturers, who were not parties to sale contract between plaintiffs and the dealership containing the arbitration clause, could not compel arbitration based on equitable estoppel. |
Arbitration |
|
M. Buchanan | Mar. 19, 2024 |
22-16868
|
McBurnie v. RAC Acceptance East LLC
Ninth Circuit's holding in *Blair v. Rent-A-Center, Inc.* was not abrogated by the Supreme Court's decision in *Viking River Cruises, Inc. v. Moriana* because *Viking River* addressed PAGA claims. |
Arbitration |
|
W. Fletcher | Mar. 15, 2024 |
23-55147
|
Ortiz v. Randstad Inhouse Services, LLC
Warehouse equipment operator qualified for the Federal Arbitration Act's transportation worker exemption because he handled products along a supply chain that were moved interstate. |
Arbitration |
|
L. VanDyke | Mar. 13, 2024 |
21-16083
|
Herrera v. Cathay Pacific Airways Ltd.
Defendant airline was entitled to enforce third-party booking website's arbitration provision under the doctrine of equitable estoppel. |
Arbitration |
|
J. Wallace | Mar. 12, 2024 |
B327524
|
Hohenshelt v. Superior Court (Golden State Foods Corp.)
Because extension for arbitration fees' payment must be agreed to by all parties, arbitrator's extension of due date for late payment did not prevent waiver of right to arbitration. |
Arbitration |
|
M. Stratton | Feb. 29, 2024 |
F085918
|
Jones v. Solgen Construction
Appellants failed to show that their evidence of a valid arbitration agreement was uncontradicted because there was evidence the 81-year-old signee did not understand the loan agreement she signed. |
Arbitration |
|
C. Poochigian | Feb. 28, 2024 |
22-16486
|
Johnson v. Lowe's Home Centers, LLC
Private Attorneys General Act plaintiffs can arbitrate individual PAGA while maintaining non-individual PAGA claims in court. |
Arbitration |
|
W. Fletcher | Feb. 13, 2024 |
22-56078
|
Patrick v. Running Warehouse, LLC
Consumers were bound by arbitration provision in websites' terms of use because they had inquiry notice of the terms and, by completing their orders, agreed to be bound by them. |
Arbitration |
|
M. Smith | Feb. 13, 2024 |
23-55123
|
Voltage Pictures, LLC v. Gussi, S.A. de C.V.
California company sufficiently served notice to confirm arbitral award by mailing motion papers to Mexican company's counsel. |
Arbitration |
|
M. Smith | Feb. 6, 2024 |
B326830
|
Kader v. Southern California Medical Center, Inc.
Trial court properly denied motion to compel arbitration of sexual harassment claims where no conduct had been brought to the employer's attention at the time of the agreement's execution. |
Arbitration |
|
C. Moor | Jan. 31, 2024 |
D082429
|
Suarez v. Superior Court (Rudolph & Sletten, Inc.)
Emailed arbitration fee invoice was not an electronically served court document, so two-day grace period for electronic service did not apply, resulting in untimely payment and forfeited arbitration rights. |
Arbitration |
|
W. Dato | Jan. 25, 2024 |
E080414
|
J.R. v. Electronic Arts
Minor's disaffirmation arbitration agreement with Electronic Arts rendered the entire agreement, including the delegation provision, null. |
Arbitration |
|
F. Menetrez | Jan. 19, 2024 |
C097674
|
Hasty v. American Automobile Assn. of Northern California, Nevada and Utah
Arbitration agreement was unconscionable and ineligible for severance where the agreement was not discussed when plaintiff accepted a verbal employment offer and contained an invalid Private Attorneys General Act waiver. |
Arbitration |
|
R. Robie | Jan. 18, 2024 |
A167091
|
DeMarinis v. Heritage Bank of Commerce
Bank's arbitration agreement with employees contained an invalid waiver of their individual PAGA claims since the agreement contained a nonseverability clause and poison pill provision. |
Arbitration |
|
C. Fujisaki | Jan. 10, 2024 |
A168767
|
Haydon v. Elegance at Dublin
Because elderly care facility's arbitration clause was procedurally and substantively unconscionable, provision was unenforceable against former facility resident's Elder Abuse Act claim. |
Arbitration |
|
I. Petrou | Dec. 21, 2023 |
B319659
|
Baglione v. Health Net of California
Motion to compel arbitration was properly denied because arbitration agreements failed the requirements of Health and Safety Code Section 1363.1 for health care service plans. |
Arbitration |
|
M. Stratton | Dec. 8, 2023 |
22-15566
|
Bielski v. Coinbase, Inc.
Ninth Circuit delineated what steps were necessary to challenge arbitration agreement's delegation provision and what courts may consider when evaluating such disputes. |
Arbitration |
|
S. Mendoza | Dec. 6, 2023 |
B327137
|
State of California v. Alco Harvest
Agreement to arbitrate, as a material term, requires H-2A employers to disclose such waiver in job description submission to Department of Labor. |
Arbitration |
|
T. Cody | Nov. 24, 2023 |
D080801
|
FCM Investments v. Grove Pham, LLC
Because arbitrator's credibility finding was based on linguistic bias, giving rise to arbitrator's own possible bias, arbitration award was vacated. |
Arbitration |
|
W. Dato | Oct. 19, 2023 |
A166355
|
In re: Uber Technologies Wage and Hour Cases
The Federal Arbitration Act did not preempt the California Division of Labor Standards Enforcement's actions against Uber and Lyft, as the state was not a party to individual drivers' arbitration agreements. |
Arbitration |
|
J. Streeter | Oct. 2, 2023 |
22-55856
|
Winkler v. McCloskey
Receiver tasked with clawing back profits from a Ponzi scheme was acting on behalf of the receivership and may be bound by the operating agreements signed by the receivership entities. |
Arbitration |
|
A. Tashima | Sep. 29, 2023 |
A167105
|
Modification: Doe v. Superior Court (Na Hoku, Inc.)
Fees and costs owed for a pending employee or consumer arbitration proceeding must be received by the arbitrator within 30 days and a check that arrived after was untimely. |
Arbitration |
|
I. Petrou | Sep. 29, 2023 |
A167105
|
Doe v. Superior Court (Na Hoku, Inc.)
Fees and costs owed for a pending employee or consumer arbitration proceeding must be received by the arbitrator within 30 days and a check that arrived after was untimely. |
Arbitration |
|
I. Petrou | Sep. 12, 2023 |
A166537
|
Yeh v. Superior Court (Mercedes-Benz USA, LLC)
Nonsignatory car manufacturer could not enforce arbitration provisions based on equitable estoppel where the plaintiffs' claims were not intimately founded and intertwined with the agreements containing the provisions. |
Arbitration |
|
N. Fineman | Sep. 8, 2023 |
A165445
|
Barrera v. Apple American Group LLC
While employers could compel arbitration of former Applebee's employees' individual PAGA claims, the aggrieved employees retained standing to bring their non-individual PAGA claims in court. |
Arbitration |
|
J. Richman | Sep. 5, 2023 |
D079967
|
Housing Authority City of Calexico v. Multi-Housing Tax Credit Partners
Trial court erred in declining to review arbitration award on the merits, where parties agreed to such a review. |
Arbitration |
|
J. Kelety | Aug. 29, 2023 |
C096773
|
Kielar v. Superior Court (Hyundai)
Rejecting *Felisilda v. FCA*'s holding, nonsignatory car manufacturer could not enforce arbitration provision in sales contract under the doctrine of equitable estoppel, where claims arose from warranty separate to sales contract. |
Arbitration |
|
J. Renner | Aug. 17, 2023 |
22-35262
|
Boshears v. PeopleConnect, Inc.
Federal Arbitration Act did not grant jurisdiction over interlocutory appeal from order denying dismissal merely because it appeared in the same document as an order denying motion to compel arbitration. |
Arbitration |
|
C. Bea | Aug. 4, 2023 |