A non-signatory to an agreement containing an arbitration clause cannot use equitable estoppel to compel arbitration when the action against the non-signatory is not rooted in that agreement.

DMS Services, Inc. v. Superior Court (Zurich Services Corp.), California Court of Appeal, Second Appellate District, Division Seven, case no. B235819, filed 5/15/2012

 Link:…

Agreement to arbitrate employment disputes involving carpet installers found to be both procedurally and substantively unconscionable and unenforceable, and not preempted by USSC Concepcion decision

Samaniego v. Empire Today LLC, California Court of Appeal, First District, Div. Three, case no. A132297, filed April 5, 2012, publication ordered May 7, 2012

 Link:…

Claim against nursing home operator and employees by patient’s daughter for negligent infliction of emotional distress was not subject to arbitration under agreement between patient and defendants.

Bush v. Horizon West, California Court of Appeal, Third District, case no. C067277, filed April 9, 2012, publication ordered April 30, 2012

Link: http://www.courtinfo.ca.gov/opinions/documents/C067277.PDF

Yesterday, what a terrific evening, here's what happened. Our host was Wendy Kramer, mediation legend, at her Santa Monica offices, thank you Wendy. Event organized as always by Kym Adams, indefatigable energy, thank you Kym. Speakers were Julius Grush and Sean Judge, wisdom squared, who rendered intelligible the potentially unintelligible topic of mediation confidentiality, thank you Julius and Sean for those comprehensive handouts. Apart from one…