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Espinoza v. Superior Court (Centinela Skilled Nursing & Wellness Centre West)
Code of Civil Procedure Section 1281.97, requiring timely payment of arbitration fees, required strict application of its deadline and was not preempted by the Federal Arbitration Act.
Arbitration 2DCA/1 Sep. 29, 2022
Starr v. Mayhew
Arbitrator had the power to amend arbitration award to clarify losing party was not entitled to indemnity for fees and costs incurred.
Arbitration 4DCA/3 Sep. 29, 2022
Oswald v. Murray Plumbing & Heating Corp.
Construction worker validly waived his right to file a Private Attorneys General Act action as part of his collective bargaining agreement.
Arbitration 2DCA/2 Sep. 7, 2022
Logan v. Country Oaks Partners
Advance health care directive and power of attorney for health care decisions did not authorize appointee with authority to sign an optional arbitration agreement.
Arbitration 2DCA/4 Aug. 22, 2022
Caremark v. Chickasaw Nation
Where Native American tribe and pharmacy provider's contract contained a delegation clause, the district court properly submitted threshold questions of arbitrability to the arbitrator.
Arbitration 9th Aug. 10, 2022
Dept. of Fair Housing and Employment v. Cisco Systems, Inc.
Department of Fair Employment and Housing can not be compelled to arbitrate an employment discrimination lawsuit merely because the affected employee agreed to arbitrate disputes with the employer.
Arbitration 6DCA Aug. 9, 2022
Brawerman v. Loeb & Loeb LLP
Work done by an attorney who was not licensed to practice in California did not invalidate an entire retainer agreement, and therefore the agreement's arbitration provision remained enforceable.
Arbitration 2DCA/8 Aug. 4, 2022
Jones Day v. Orrick, Herrington & Sutcliffe
District court had subject matter jurisdiction to enforce petitions to comply with arbitral summonses in a proceeding falling under the New York Convention pursuant to the Federal Arbitration Act.
Arbitration 9th Aug. 2, 2022
People v. Maplebear Inc.
City attorney, acting on behalf of the People, was not bound to Instacart's arbitration agreement for its workers as the remedies it sought were for the public.
Arbitration 4DCA/1 Aug. 1, 2022
Gallo v. Wood Ranch USA, Inc.
The Federal Arbitration Act does not preempt the California Arbitration Act's provisions governing the timing of arbitration fee payments.
Arbitration 2DCA/2 Jul. 26, 2022
Evenskaas v. California Transit, Inc.
The Federal Arbitration Act applied to arbitration agreement in California Transit worker's employment contract because the transportation services provided substantially affected interstate commerce.
Arbitration 2DCA/7 Jul. 19, 2022
Knapke v. PeopleConnect
Denial of motion to compel arbitration was improper when disputes over material facts regarding principal-agent relationship had not been resolved.
Arbitration 9th Jun. 30, 2022
Viking River Cruises, Inc. v. Moriana
Where California law under *Iskanian* does not allow PAGA actions to be divided into individual and nonindividual claims through an agreement to arbitrate, it is preempted by the Federal Arbitration Act.
Arbitration USSC Jun. 16, 2022
ZF Automotive U. S., Inc. v. Luxshare, Ltd.
Private adjudicatory bodies in a foreign country do not qualify as foreign or international tribunals and thus are not subject to federal courts' power to order discovery for use in foreign proceedings.
Arbitration USSC Jun. 13, 2022
Modification: People v. Maplebear Inc.
Instacart could not compel arbitration of San Diego's Unfair Competition claims since the City was authorized to obtain relief and the workers who signed an arbitration agreement had no legal involvement.
Arbitration 4DCA/1 Jun. 7, 2022
Southwest Airlines Co. v. Saxon
Southwest Airlines could not enforce arbitration agreement since plaintiff's work physically loading plane cargo fell within the Federal Arbitration Act's exemption for workers engaged in interstate commerce.
Arbitration USSC Jun. 6, 2022
Morgan v. Sundance, Inc.
A waiver of the right to arbitrate does not require a showing of prejudice to the opposing party.
Arbitration USSC May 24, 2022
Trinity v. Life Insurance Co. of North America
Insurance employee met her burden of challenging an arbitration agreement since she testified that she had not seen the agreement and would not have accepted the job had she known.
Arbitration 2DCA/7 May 24, 2022
People v. Maplebear Inc.
Instacart could not compel arbitration of San Diego's Unfair Competition claims since the City was authorized to obtain relief and the workers who signed an arbitration agreement had no legal involvement.
Arbitration 4DCA/1 May 20, 2022
Quach v. California Commerce Club
Plaintiffs asserting prejudice as to defendant's delay in asserting its right to arbitrate must show more than just incurrence of costs in anticipation of litigation.
Arbitration 2DCA/1 May 12, 2022
Wing v. Chico Healthcare & Wellness Centre
No U.S. Supreme Court cases reject the rule that there is no conflict between unwaivable Private Attorneys General Act claims and the Federal Arbitration Act.
Arbitration 2DCA/5 May 2, 2022
Leshane v. Tracy VW, Inc.
Defendants could not compel arbitration of plaintiffs' Private Attorneys General Act claims since plaintiffs had removed their arbitrable non-PAGA claims in their amended complaint.
Arbitration 3DCA May 2, 2022
Nelson v. Dual Diagnosis Treatment Center
Arbitration clause was unconscionable since it was part of an adhesion contract that failed to disclose all arbitration rules and required a unilateral release of all claims.
Arbitration 4DCA/3 Apr. 21, 2022
Nunez v. Cycad Management LLC
Arbitration agreement presented to Spanish-speaking employee that was not explained, provided on a take-it or leave-it basis and wholly benefited the employer was unconscionable and unenforceable.
Arbitration 2DCA/2 Apr. 13, 2022
Berman v. Freedom Financial Network
Where a website's notification for consumers' agreement to terms and conditions is not reasonably conspicuous, consumers do not agree to its mandatory arbitration provisions.
Arbitration 9th Apr. 6, 2022
Badgerow v. Walters
The "look-through" approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under the Federal Arbitration Act.
Arbitration USSC Apr. 1, 2022
Kokubu v. Sudo
Movant's right to arbitrate was waived because substantial evidence supported the conclusion that movant acted in a manner that was inconsistent with an intent to arbitrate.
Arbitration 2DCA/8 Mar. 31, 2022
B.D. v. Blizzard Entertainment
License Agreement for online gaming service that contained the entire agreement and required an affirmative click to continue provided sufficient notice of an arbitration agreement to a minor and his father.
Arbitration 4DCA/1 Mar. 30, 2022
State Farm Mutual Automobile Insurance Company v. Robinson
An arbitration award could not be vacated where the arbitrator relied on a trial court discovery ruling and plaintiff failed to properly challenge the discovery ruling.
Arbitration 1DCA/1 Mar. 16, 2022
Rogers v. Roseville SH, LLC
Defendants could not compel arbitration since the elderly resident's conduct never manifested an intent for his son to sign the arbitration agreement on his behalf
Arbitration 3DCA Mar. 8, 2022