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Subaru of America, Inc. v. Putnam Automotive, Inc.
Because two agreements parties entered into were not intended to constitute one contract, they could not be considered in conjunction for purposes of Motor Vehicle Franchise Contract Arbitration Fairness Act's exception to arbitration.
Arbitration 1DCA/2 Feb. 12, 2021
Maldonado v. Fast Auto Loans
Trial court properly concluded that arbitration provision was unenforceable under 'McGill v. Citibank, N.A.' because plaintiffs' complaint requested remedies that encompassed all consumers and members of the public.
Arbitration 4DCA/3 Feb. 9, 2021
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 Feb. 8, 2021
Cabatit v. Sunnova Energy Corporation
Trial court properly found that arbitration clause in solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable.
Arbitration 3DCA Feb. 2, 2021
Setty v. Shrinivas Sugandhalaya
District court did not abuse its discretion in rejecting defendant's argument that plaintiffs should be equitably estopped from avoiding arbitration.
Arbitration 9th Jan. 21, 2021
Garcia v. Haralambos Beverage Co.
Defendant waived right to arbitration because it delayed filing its motion to compel arbitration for two years, engaged in classwide discovery and mediation, and prejudiced plaintiffs.
Arbitration 2DCA/5 Jan. 6, 2021
Ali v. Daylight Transport, LLC
Arbitration provision contained substantively unconscionable terms because it substantially shortened statute of limitations period.
Arbitration 1DCA/2 Jan. 5, 2021
Langere v. Verizon Wireless Services
A plaintiff does not create appellate jurisdiction by voluntarily dismissing his claims with prejudice after being forced to arbitrate them.
Arbitration 9th Dec. 30, 2020
State of California v. Pain Management Specialist Medical Group
Insurance company's qui tam action against surgical center was not subject to arbitration because it was brought on behalf of the state, which was not a party to their contract.
Arbitration 2DCA/6 Dec. 23, 2020
Dept. of Human Resources v. International Union of Operating Engineers
Arbitrator's conclusion that once employee requests purge of negative materials in personnel file, those files cannot be used to support adverse action violated public policy related to civil service employment.
Arbitration 5DCA Dec. 21, 2020
Malek Media Group LLC v. AXQG Corp.
Trial court properly confirmed arbitration award because arbitrator was not required to disclose his prior relationship with LGBTQ rights organization.
Arbitration 2DCA/3 Dec. 18, 2020
Garcia v. KND Development 52, LLC
Petition to compel arbitration was properly denied because hospital failed to meet its burden in proving agent had authority to execute arbitration agreements.
Arbitration 2DCA/4 Dec. 17, 2020
Sandoval-Ryan v. Oleander Holdings
Because there was an absence of clear and unmistakable language delegating threshold arbitrability issues to arbitrator, trial court did not err in deciding whether arbitration agreement was enforceable.
Arbitration 3DCA Dec. 9, 2020
Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc.
Arbitration clause on reverse side of contract, after parties' signatures, in eight-point type, with no headings, italics, or boldface was inconspicuous; thus, petition to compel arbitration was properly denied.
Arbitration 2DCA/6 Dec. 7, 2020
Coughenour v. Del Taco
Defendant's motion to compel arbitration was properly denied because plaintiff did not ratify arbitration agreement by continuing to work for defendant for four months after reaching age of 18.
Arbitration 4DCA/2 Nov. 24, 2020
Brown v. TGS Management Co., LLC
Arbitrator exceeded his power in issuing award enforcing provisions of employment agreement which illegally restricted plaintiff's right to work.
Arbitration 4DCA/3 Nov. 16, 2020
Swain v. Laseraway Medical Group
Trial court did not err in ruling defendant could not enforce arbitration agreement against plaintiff because arbitration agreement was unconscionable.
Arbitration 2DCA/7 Nov. 5, 2020
Olson v. Lyft, Inc.
'Iskanian v. CLS Transportation Los Angeles, LLC's holding was applicable to invalidate PAGA waivers and Supreme Court's holding in 'Epic Systems Corp. v. Lewis' did not overrule it.
Arbitration 1DCA/2 Nov. 2, 2020
Epstein v. Vision Service Plan
Health and Safety Code Section 1367 did not bar parties to network provider agreement from agreeing to arbitration in lieu of subsequent judicial review through administrative mandamus.
Arbitration 1DCA/1 Oct. 23, 2020
Stover v. Experian Holdings
In order to bind parties to new terms pursuant to change-of-terms provision, both parties must have notice that terms have changed and an opportunity to review those changes.
Arbitration 9th Oct. 22, 2020
Revitch v. DIRECTV LLC
Arbitration agreements may not be invoked by a party's affiliate who was not an affiliate when the agreement was entered.
Arbitration 9th Oct. 1, 2020
SEIU Local 121RN v. Los Robles Regional Medical Center
Pursuant to authority under 'Granite Rock Co. v. Int'l Bhd. Of Teamsters,' district court was responsible for whether grievance filed by plaintiff was arbitrable.
Arbitration 9th Sep. 21, 2020
Laver v. Credit Suisse Securities (USA)
FINRA Rule 13204(a)(4)'s prohibition on enforcing arbitration agreements directed at class claims was inapplicable to class waivers.
Arbitration 9th Sep. 21, 2020
Mejia v. DACM Inc.
Trial court properly found the arbitration provision unenforceable under 'McGill v. Citibank, N.A.'
Arbitration 4DCA/3 Sep. 17, 2020
Shivkov v. Artex Risk Solutions
Absent Arizona authority that would subject defendants to a fiduciary duty in connection with an arbitration clause, plaintiffs failed to show that the arbitration clause was unenforceable.
Arbitration 9th Sep. 10, 2020
In re William Grice
Uber driver did not fall within arbitration exemption set forth in Section 1 of Federal Arbitration Act for workers engaged in foreign or interstate commerce.
Arbitration 9th Sep. 8, 2020
Moritz v. Universal City Studios LLC
Federal Arbitration Act requires no enforcement of an arbitration provision with respect to disputes unrelated to the contract in which the provision appears.
Arbitration 2DCA/1 Sep. 4, 2020
Rivera v. Shivers
Trial court erred in believing that the parties stipulated to a nonbinding judicial arbitration.
Arbitration 4DCA/3 Sep. 2, 2020
Conyer v. Hula Media Services, LLC
Trial court incorrectly denied defendant's motion to compel arbitration because plaintiff demonstrated his assent to the arbitration clause and defendant had no obligation to call plaintiff's attention to the arbitration clause.
Arbitration 2DCA/8 Aug. 28, 2020
Williams v. 3620 W. 102nd Street, Inc.
State public policy prohibits arbitration provisions in residential lease agreements.
Arbitration 2DCA/8 Aug. 26, 2020