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Perez v. Discover Bank
Judicial estoppel prevented bank from arguing opposing party could not opt out of arbitrating her accrued discrimination claims where it previously represented to trial court she could.
Arbitration 9th Jul. 25, 2023
Edmond Carmona, et al. v. Domino's Pizza, LLC
*Rittman v. Amazon.com, Inc.* was not disturbed by the Supreme Court's holding in *Southwest Airlines Co. v. Saxon*, so last-leg drivers delivery drivers were exempt from the Federal Arbitration Act.
Arbitration 9th Jul. 24, 2023
Holley-Gallegly v. TA Operating, LLC
A jury waiver provision in the event an arbitration agreement is unconscionable has no bearing on whether the delegation of the enforceability of the agreement to the arbitrator would be unconscionable.
Arbitration 9th Jul. 24, 2023
Cvejic v. Skyview Capital
Former employer's failure to timely pay arbitration fees was a material breach that entitled former employee to withdraw from arbitration despite the arbitrators' attempt to cure the breach.
Arbitration 2DCA/8 Jun. 30, 2023
Montemayor v. Ford Motor Co.
Nonsignatory vehicle manufacturer could not enforce sales contract's arbitration clause against aggrieved car purchasers where underlying claims were based on the manufacturer's express warranty and independent of the sales contract.
Arbitration 2DCA/7 Jun. 28, 2023
Coinbase, Inc. v. Bielski
District court proceedings should have been stayed while interlocutory appeal from denial of motion to compel arbitration was pending because the whole matter was involved in the appeal.
Arbitration USSC Jun. 23, 2023
McConnell v. Advantest America
Subpoenas issued by arbitrator on nonparty requiring production of documents at a hearing set for that purpose was an impermissible use of the arbitrator's subpoena power for discovery purposes.
Arbitration 4DCA/1 Jun. 20, 2023
Duran v. EmployBridge Holding Co.
Employer's motion to compel arbitration as to former employee's claim to recover Private Attorneys General Act civil penalties was properly denied where agreement unambiguously excluded PAGA claims.
Arbitration 5DCA Jun. 1, 2023
Jack v. Ring LLC
Arbitration provision was unenforceable where clause contained ambiguous language regarding arbitrability as well as language prohibiting public injunctive relief.
Arbitration 1DCA/2 May 30, 2023
Kinder v. Capistrano Beach Care Center
Forms signed by adult children putting mother in care facility did not establish agency relationship that would bind nonsignatory mother to arbitrate her elder abuse claims.
Arbitration 2DCA/7 May 22, 2023
Perez v. Kaiser Foundation Health Plan
Arbitrators' duty to disclose does not require a continuing disclosure of the results of proceedings that were pending and disclosed at the time of the nomination.
Arbitration 1DCA/3 May 17, 2023
Alberto v. Cambrian Homecare
Employer's employee agreements were unconscionable because they contained illegal, one-sided terms that prevented wage discussions and representative actions.
Arbitration 2DCA/4 May 15, 2023
Westmoreland v. Kindercare Education LLC
Employer's arbitration agreement was invalid because the improper Private Attorneys General Act waiver and unambiguous poison pill provision rendered the entire arbitration agreement unenforceable.
Arbitration 1DCA/2 Apr. 26, 2023
Basith v. Lithia Motors, Inc.
Nissan dealership's arbitration agreement for its general manager was enforceable because it contained no substantive unconscionability.
Arbitration 2DCA/8 Apr. 25, 2023
Fuentes v. Empire Nissan, Inc.
Arbitration agreement was enforceable where party seeking to invalidate if for unconscionability failed to demonstrate the substance of the agreement was at all unfair.
Arbitration 2DCA/8 Apr. 24, 2023
Jackson v. Amazon.com, Inc.
Because Amazon Flex driver's wiretapping and invasion of privacy claims did not fall within the scope of his arbitration agreement with Amazon, arbitration was properly denied.
Arbitration 9th Apr. 20, 2023
Nickson v. Shemran, Inc.
Order denying employer's motion to compel arbitration was incorrect because employee's individual Private Attorneys General Act claims could be arbitrated, while his nonindividual PAGA claims could not.
Arbitration 4DCA/1 Apr. 10, 2023
Ford Motor Warranty Cases
Court dismissed car manufacturer's equitable estoppel and agency principle arguments that as nonsignatory third-party, it could enforce dealers' arbitration agreement on consumers' breach of warranty claims.
Arbitration 2DCA/8 Apr. 6, 2023
Soni v. Cartograph, Inc.
In a suit between attorney and client, trial court properly found client was prevailing party under Mandatory Fee Arbitration Act for purposes of attorney fees award, because client obtained judgment confirming the award.
Arbitration 2DCA/5 Apr. 6, 2023
Seifu v. Lyft, Inc.
Lyft driver retained standing to bring non-individual Private Attorneys General Act claims because he was an "aggrieved" employee with at least one alleged Labor Code violation committed against him.
Arbitration 2DCA/4 Apr. 3, 2023
Sitrick Group v. Vivera Pharmaceuticals
Arbitrator's disclosure of facts he was not required to disclose could not serve as the basis for vacating his arbitration award.
Arbitration 2DCA/2 Apr. 3, 2023
Gregg v. Uber Technologies, Inc.
Despite agreement requiring arbitration of individual Private Attorney General Act actions, employee affected by alleged labor violations still had standing to pursue a representative enforcement action in civil court.
Arbitration 2DCA/4 Mar. 28, 2023
Forrest v. Spizzirri
District court acted within its discretion by compelling arbitration and dismissing, rather than staying, an action where all issues were subject to arbitration.
Arbitration 9th Mar. 17, 2023
Piplack v. In-N-Out Burgers
Plaintiffs had standing for representative Private Attorneys General Act action in court against employer with whom they had an arbitration agreement even if their individual claims were arbitrated.
Arbitration 4DCA/3 Mar. 9, 2023
Hang v. RG Legacy I
Plaintiff was entitled to pursue elder abuse claims in court because substantial evidence showed decedent was indigent at time of death, and defendant nursing facility waived arbitration by failing to agree to pay arbitration fees and costs.
Arbitration 4DCA/3 Mar. 9, 2023
Algo-Heyres v. Oxnard Manor
Trial court's denial of arbitration agreement was affirmed when substantial evidence supported that elderly stroke victim did not have the mental capacity to appreciate consequences of signing the agreement.
Arbitration 2DCA/6 Mar. 2, 2023
Gostev v. Skillz Platform
Arbitration agreement containing overwhelming substantively unconscionable provisions was unenforceable.
Arbitration 1DCA/2 Mar. 1, 2023
Galarsa v. Dolgen California, LLC
In light of *Viking River*, employer was entitled to compel arbitration of employee's Private Attorneys General Act claims that sought to recover civil penalties for Labor Code violations suffered by the employee.
Arbitration 5DCA Feb. 28, 2023
Chamber of Commerce v. Bonta
State law criminalizing the formation of certain types of arbitration agreements was preempted by the Federal Arbitration Act.
Arbitration 9th Feb. 16, 2023
Oberstein v. Live Nation Entertainment, Inc.
Although Ticketmaster's full legal name did not appear in Terms of Use arbitration provision, arbitration could still be compelled because the use of Ticketmaster's logo and links made it clear that it was a party to the provision.
Arbitration 9th Feb. 14, 2023