LA Mediators

Mediators of Southern California

January 2013 Blog Posts (4)

New Appellate Arbitration Opinion

Auto maker/seller could not compel purchasers to arbitrate their defect claims when those defendants were not signatories to the arbitration agreements between the purchasers and auto dealerships

Kramer v. Toyota Motor Corporation, U.S. Court of Appeals for the Ninth Circuit, case no. 12-55050, filed January 30, 2013

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Added by Leslie (Les) S. Rothenberg on January 30, 2013 at 5:05pm — No Comments

New Appellate Arbitration Opinion

Calif. law required vacation of arbitration award where defense counsel became affiliated with firm providing neutral arbitrator but neither attorney nor firm disclosed the relationship to plaintiff

Gray v. Chiu, California Court of Appeal, Second District, Div. Six, case no. B238304,

filed January 22, 2013

Link: http://www.courts.ca.gov/opinions/documents/B238304.PDF

Added by Leslie (Les) S. Rothenberg on January 22, 2013 at 3:36pm — No Comments

New Appellate Arbitration Opinion

The Federal Arbitration Act preempted the California Consumer Legal Remedies Act’s prohibition against class waivers in an automobile sales contract governed in part by federal law.

Flores v. West Covina Auto Group, California Court of Appeal, Second District, Div. Eight, case no.  B238265, filed January 11, 2013

Link: http://www.courts.ca.gov/opinions/documents/.PDF

Added by Leslie (Les) S. Rothenberg on January 14, 2013 at 4:48pm — No Comments

New Appelate Arbitration Opinion

 

Arbitration clause in senior residency agreement was not binding on a deceased former resident’s daughter, who had signed the agreement in her capacity as her mother’s attorney in fact, and not in her personal capacity.

Daniels v. Sunrise Senior Living, Inc., California Court of Appeal, Fourth District, Div. Two, case no. E054472, filed January 4, 2013

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Added by Leslie (Les) S. Rothenberg on January 4, 2013 at 10:46pm — No Comments

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