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Lim v. TForce Logistics
Arbitration provision was procedurally and substantively unconscionable because of its take-it-or-leave-it circumstances, and cost-splitting, fee-shifting, and Texas venue provisions.
Arbitration 9th Aug. 13, 2021
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 Aug. 9, 2021
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. 3, 2021
Capriole v. Uber Technologies
Federal Arbitration Act's residual clause exemption is not met where service is primarily local and intrastate in nature.
Arbitration 9th Aug. 3, 2021
Winns v. Postmates Inc.
Supreme Court's ruling in 'Epic Systems Corp. v. Lewis' did not overrule California Supreme Court's opinion in 'Iskanian v. CLS Transportation Los Angeles, LLC.'
Arbitration 1DCA/3 Jul. 22, 2021
Western Bagel Co., Inc. v. Superior Court (Calderon)
Federal Arbitration Act bars courts from using contra proferentum to resolve ambiguity as to whether parties consented to nonbinding arbitration.
Arbitration 2DCA/1 Jul. 20, 2021
Modification: Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration.
Arbitration 2DCA/6 Jul. 19, 2021
Setty v. Shrinivas Sugandhalaya
Nonsignatory party to partnership deed may compel arbitration but enforcing equitable estoppel principles requires that dispute's subject matter be intertwined into agreement providing for arbitration.
Arbitration 9th Jul. 8, 2021
JP-Richardson v. Pacific Oaks
Arbitrator did not 'manifestly disregard' the law by relying on adverse inferences based on assertion of Fifth Amendment privilege in entering final award.
Arbitration 4DCA/3 Jul. 1, 2021
EHM Productions v. Starline Tours
Arbitrators did not exhibit evident partiality by failing to disclose JAMS's prior dealings with party or its counsel.
Arbitration 9th Jun. 25, 2021
Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration.
Arbitration 2DCA/6 Jun. 17, 2021
Hansen v. LMB Mortgage Services, Inc.
Federal Arbitration Act Section 4 requires court to proceed summarily to trial when existence of agreement to arbitrate is in issue rather than deny motion to compel arbitration.
Arbitration 9th Jun. 14, 2021
Pillar Project AG v. Payward Ventures, Inc
In absence of agency relationship between plaintiff and third party, plaintiff was not compelled to arbitrate as a result of third party's agreement to defendant's Terms of Service.
Arbitration 1DCA/5 May 26, 2021
Banister v. Marinidence Opco, LLC
Arbitration properly denied after evidence showed former employee who allegedly signed electronic arbitration agreement was not only person who could have executed agreement.
Arbitration 1DCA/5 May 25, 2021
Franklin v. Community Regional Medical Center
Nonsignatory hospital may compel arbitration because plaintiff's Labor Code claims were 'intimately founded in and intertwined with' her contracts with staffing agency.
Arbitration 9th May 24, 2021
Stafford v. Rite Aid Corp.
Equitable estoppel doctrine did not bind plaintiff to arbitration agreements in contracts between pharmacy and pharmacy benefits managers because plaintiff's fraud claims were independent of obligations under those agreements.
Arbitration 9th May 24, 2021
McIsaac v. Foremost Insurance Company
Trial court erred in denying petition to arbitrate because although litigation involved some nonarbitrable issues, defendant was entitled to arbitrate amount of plaintiff's underinsured motorist claim.
Arbitration 1DCA/1 May 21, 2021
Walsh v. Browne
Secretary of Labor cannot be compelled to arbitrate in Fair Labor Standards Act enforcement action even if employees had agreed to arbitration because it was not party to arbitration agreement.
Arbitration 9th May 19, 2021
Grabowski v. Kaiser Foundation Health Plan, Inc.
Arbitrator's ex parte communication with opposing counsel showed his bias against plaintiff and his failure to disclose this communication was grounds to vacate arbitration award.
Arbitration 4DCA/1 May 11, 2021
Alper v. Rotella
Plaintiffs could not vacate arbitration award based on arbitrator's alleged impairment because they did not make timely demand to disqualify him before conclusion of hearing.
Arbitration 4DCA/3 May 7, 2021
Speier v. The Advantage Fund, LLC
Because arbitrator did not fail to make required disclosure, trial court did not err by confirming arbitration award.
Arbitration 4DCA/3 Apr. 21, 2021
Zoller v. GCA Advisors
Arbitration agreement contained clear language encompassing employment disputes and evidence showed that plaintiff knowingly waived her right to judicial forum.
Arbitration 9th Apr. 15, 2021
Kuntz v. Kaiser Foundation Hospital
Government Code Section 22869 exempts CalPERS enrollments from the requirements of Section 1363.1 where CalPERS Board disseminates information pursuant to Section 22863.
Arbitration 3DCA Apr. 14, 2021
Wilson-Davis v. SSP America, Inc.
Arbitration between labor union and employer was properly denied because collective bargaining agreement did not waive employees' right to pursue their claims in judicial forum.
Arbitration 2DCA/3 Apr. 13, 2021
Betancourt v. Transportation Brokerage Specialists, Inc.
Delivery driver was exempt from Federal Arbitration Act coverage as transportation worker engaged in interstate commerce under Section 1 of FAA.
Arbitration 1DCA/3 Mar. 31, 2021
Bacall v. Shumway
Exception to rule that court may not set aside arbitration award did not apply because arbitrator did not enforce illegal contract, instead, arbitrator severed unlawful legal services rendered on contract.
Arbitration 2DCA/8 Mar. 17, 2021
Modification: Alvarez v. Altamed Health Services Corporation
Trial court erred in denying defendant's motion to compel arbitration and in failing to consider whether provision in arbitration agreement authorizing review of second arbitrator was severable.
Arbitration 2DCA/8 Mar. 8, 2021
Contreras v. Superior Court (Zum Services Inc.)
Preliminary question of whether a plaintiff is an aggrieved employee under Private Attorneys General Act may not be decided in private party arbitration.
Arbitration 2DCA/5 Mar. 2, 2021
DiCarlo v. MoneyLion Inc.
Litigants proceeding in individual lawsuits may request public injunctive relief without becoming private attorneys general; thus, arbitration provision was valid because public injunctive relief was available.
Arbitration 9th Feb. 22, 2021
Roussos v. Roussos
Arbitration award vacated based on arbitrator's failure to disqualify himself upon defendant's timely service of notice of disqualification pursuant to Code of Civil Procedure Section 1281.91(b).
Arbitration 2DCA/7 Feb. 17, 2021