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Mendoza v. Trans Valley Transport
Notwithstanding a delegation clause, the question of whether the parties entered into an agreement to arbitrate is a matter for the court, not the arbitrator, to decide. 		Arbitration 6DCA Mar. 3, 2022
Modification: Kirk v. Ratner
Neither the superior court nor the appellate court had jurisdiction to consider a petition to vacate a preliminary injunction granted by an arbitrator because the injunction was not a final award. 		Arbitration 2DCA/7 Feb. 24, 2022
Ramirez v. Charter Communications, Inc.
An arbitration remedy provision was not substantively unconscionable because it allowed a prevailing defendant to recover attorney's fees only to the same extent the Fair Employment and House Act allowed. 		Arbitration 2DCA/4 Feb. 22, 2022
Amended Opinion: Martinez-Gonzalez v. Elkhorn Packing RULING BY
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress. 		Arbitration 9th Feb. 15, 2022
Kirk v. Ratner
Neither the superior court nor the appellate court had jurisdiction to consider a petition to vacate a preliminary injunction granted by an arbitrator because the injunction was not a final award. 		Arbitration 2DCA/7 Feb. 14, 2022
Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC
Agreement's plain language exempting claims involving equitable relief from arbitration must be followed where agreement's language was clear and explicit. 		Arbitration 5DCA Feb. 4, 2022
Ahern v. Asset Management Consultants
The trial court erred in ordering arbitration because the property investor's misrepresentation claims did not arise out of the arbitration agreement. 		Arbitration 2DCA/7 Feb. 3, 2022
Ngo v. BMW of North America
Non-signatory third party could not compel arbitration based on an arbitration agreement that was not made expressly for its benefit. 		Arbitration 9th Jan. 13, 2022
Modification: Goodwin v. Comerica Bank, N.A.
A bank forfeited the right to demand disqualification of the arbitrator because it did not seek disqualification before the conclusion of the arbitration proceedings. 		Arbitration 1DCA/4 Jan. 7, 2022
Garcia v. Expert Staffing West
Mere existence of a business relationship was insufficient basis to compel arbitration with parties that did not bargain for or execute an arbitration agreement between job applicant and another entity. 		Arbitration 2DCA/6 Dec. 30, 2021
Ahlstrom v. DHI Mortgage Co.
The issue of formation of an agreement to arbitrate is a matter for the courts to decide that may not be delegated to an arbitrator. 		Arbitration 9th Dec. 30, 2021
Carmona v. Domino's Pizza
Domino's supply drivers, like Amazon drivers, are exempt from the Federal Arbitration Act's general arbitration mandate because the nature of the business is of interstate commerce. 		Arbitration 9th Dec. 27, 2021
Amended Opinion: Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief. 		Arbitration 9th Dec. 27, 2021
Theresa D. v. MBK Senior Living LLC
Plaintiff was not bound by arbitration agreement signed by her adult daughter when placing her in a residential care facility because the daughter had not been granted authority to handle such matters. 		Arbitration 1DCA/3 Dec. 22, 2021
Goodwin v. Comerica Bank, N.A.
A bank forfeited the right to demand disqualification of the arbitrator because it did not seek disqualification before the conclusion of the arbitration proceedings. 		Arbitration 1DCA/4 Dec. 17, 2021
De Leon v. Pinnacle Property Management Services, LLC
Arbitration agreement signed as a precondition of employment was unenforceable because its terms limiting discovery and shortening the limitations period for all claims were unconscionable. 		Arbitration 4DCA/3 Dec. 10, 2021
Gamboa v. Northeast Community Clinic
An order denying a motion to compel arbitration was affirmed because defendant failed to meet its burden of proof after the trial court sustained objections to defendant's proffered evidence. 		Arbitration 2DCA/7 Dec. 1, 2021
Martinez-Gonzalez v. Elkhorn Packing
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress. 		Arbitration 9th Nov. 4, 2021
Gordon v. Atria Management Company
Because an agent was authorized to sign an arbitration agreement on behalf of the principal with respect to her personal care, there was a valid arbitration agreement. 		Arbitration 1DCA/5 Oct. 29, 2021
Najarro v. Superior Court (Horizon Personnel Services, Inc.)
Arbitration clauses that waive employees' right to group or representative actions are contrary to the Private Attorneys General Act and demonstrate substantive unconscionability. 		Arbitration 4DCA/2 Oct. 26, 2021
Caballero v. Premier Care Simi Valley
Absent fraud, a party with limited English proficiency cannot avoid an arbitration provision he signed. 		Arbitration 2DCA/6 Sep. 30, 2021
Brice v. Haynes Investments
A delegation clause requiring an arbitrator to decide the enforceability of an arbitration agreement was valid because it was not a prospective waiver of another prospective waiver claim. 		Arbitration 9th Sep. 17, 2021
Chamber of Commerce v. Bonta
Because California Labor Code Section 432.6 does not offer a way to invalidate an otherwise valid arbitration agreement, it does not conflict with the Federal Arbitration Act. 		Arbitration 9th Sep. 16, 2021
Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief. 		Arbitration 9th Sep. 13, 2021
Modification: Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. 		Arbitration 5DCA Sep. 3, 2021
Modification: Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement. 		Arbitration 2DCA/2 Aug. 23, 2021
Romero v. Watkins & Shepard Trucking
Federal Arbitration Act did not apply to arbitration policy, because FAA exempts workers who are engaged in interstate commerce, and that provision cannot be waived by private agreement. 		Arbitration 9th Aug. 20, 2021
Nixon v. AmeriHome Mortgage Co., LLC
Interpreting California choice-of-law provision in agreement as evidencing parties' intent to apply Labor Code Section 229 to arbitration provision departs from common sense. 		Arbitration 2DCA/7 Aug. 18, 2021
Al- Qarquani v. Chevron
So long as party makes non-frivolous claim that arbitral award is covered by New York Convention, district court must assume subject-matter jurisdiction. 		Arbitration 9th Aug. 13, 2021
CLMS Management Services v. Amwins Brokerage of Georgia
Convention on Recognition and Enforcement of Foreign Arbitral Awards is not 'Act of Congress' subject to reverse-preemption by McCarran-Ferguson Act. 		Arbitration 9th Aug. 13, 2021
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