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Mediators of Southern California

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Two Appellate Arbitration Opinions

 Arbitration clause in "retail installment sales contract" for automobile was unenforceable because of its “high degree”of procedural and substantive unconscionability.

Vargas v. SAI Monrovia B, Inc., California Court of Appeal, Second District, Div. One, case no. B237257, filed June 4, 2013

Link: http://www.courts.ca.gov/opinions/documents/B237257.PDF

 

Federal Arbitration Act does not permit…

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Added by Leslie (Les) S. Rothenberg on June 4, 2013 at 11:02pm — No Comments

New Appellate Arbitration Opinion

Registered representatives and agents of an investment firm, as third-party beneficiaries, may compel arbitration of a customer dispute even after lapse of the defunct firm's FINRA membership

Ronay Family Limited Partnership v. Tweed, California Court of Appeal, Fourth District, Div. One, case no. D062195, filed May 23, 2013,

Link: http://www.courts.ca.gov/opinions/documents/D062195.PDF

 

 

Added by Leslie (Les) S. Rothenberg on May 23, 2013 at 5:54pm — No Comments

New Appellate Arbitration Opinion

Agreement to arbitrate employment-related claims containing arbitration clause read in isolation requiring only employee and not employer to submit to arbitration was not procedurally unconscionable.

Serpa v. California Surety Investigations, Inc., California Court of Appeal, Second District, Div. Seven, case no. B237363, filed March 21, 2013, publication ordered April 19, 2013

Link:…

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Added by Leslie (Les) S. Rothenberg on April 19, 2013 at 5:26pm — No Comments

New Appellate Arbitration Opinion

Agencies are barred from using a partner in a law firm as an advocate in a contested matter and another partner from the same law firm as an advisor to the decision maker in the same matter.

“We hold that when a partner in a law firm represents a department within a city at an advisory arbitration regarding a personnel matter, and when the city’s decisionmaking body later reviews that arbitrator’s award for confirmation or  rejection, the principles of due process prohibit the…

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Added by Leslie (Les) S. Rothenberg on April 16, 2013 at 5:37pm — No Comments

New Appellate Arbitration Opinion

Where some defendants sought to compel arbitration, but others did not, trial court properly denied the motion on the ground of potentially conflicting adjudications.

Barsegian v. Kessler & Kessler, California Court of Appeal, Second District, Div. One, case no.  B237044, filed April 15, 2013

Link: http://www.courts.ca.gov/opinions/documents/B237044.PDF

Added by Leslie (Les) S. Rothenberg on April 16, 2013 at 5:11pm — No Comments

New Appellate Arbitration Opinion

Arbitration provision in agreement between student and education lender was neither substantively nor procedurally unconscionable under California law.

Kilgore v. KeyBank, National Association, U.S. Court of Appeals for the Ninth Circuit, case no. 09-16703, en banc opinion filed April 11, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/04/11/09-16703.pdf

 

Added by Leslie (Les) S. Rothenberg on April 12, 2013 at 3:21pm — No Comments

New Appellate Arbitration Opinion

Arbitration provision in agreement between student and education lender was neither substantively nor procedurally unconscionable under California law.

Kilgore v. KeyBank, National Association, U.S. Court of Appeals for the Ninth Circuit, case no. 09-16703, en banc opinion filed April 11, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/04/11/09-16703.pdf

 

Added by Leslie (Les) S. Rothenberg on April 12, 2013 at 3:21pm — No Comments

New Appellate Arbitration Opinion

Cannot arbitrate an employment discrimination claim brought under Calif. statute if arbitration clause was in a contract designed to be construed under Mass. law and didn’t comply with Mass. law

Harris v. Bingham McCutchen, California Court of Appeal,  Second District, Div. Five,

case no. B240522, filed March 29, 2013

Link: http://www.courts.ca.gov/opinions/documents/B240522.PDF

Added by Leslie (Les) S. Rothenberg on March 29, 2013 at 4:30pm — No Comments

New Appellate Arbitration Opinion

Arbitration clause of motor vehicle finance agreement held to be adhesive but only minimally procedurally unconscionable and lacking significant substantive unconscionability. Arbitration compelled.

Vasquez v. Greene Motors, Inc. , California Court of Appeal, First District, Div. One, case no. A134829, filed March 27, 2013

Link: http://www.courts.ca.gov/opinions/documents/A134829.PDF

Added by Leslie (Les) S. Rothenberg on March 28, 2013 at 5:57pm — No Comments

New Appellate Arbitration Opinion

In action for investment fraud where some plaintiffs signed arbitration agreements and others did not, trial court denial of all motions to compel arbitration fearing inconsistent results was error

Acquire II, Ltd. v. Colton Real Estate Group, California Court of Appeal, Fourth District, Div. Three , case no. G046241, filed February 11, 2013,

Link: http://www.courts.ca.gov/opinions/documents/G046241.PDF

Added by Leslie (Les) S. Rothenberg on February 11, 2013 at 3:31pm — No Comments

Two New Appellate Arbitration Opinions

 

Arbitration provision of non-negotiable automobile sales contract that systematically favored the car dealer held to be both substantively and procedurally unconscionable.

Natalini v. Import Motors, California Court of Appeal, First District, Div. Five, case no.  A133236, filed January 7, 2013, publication ordered February 5, 2013

Link:…

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Added by Leslie (Les) S. Rothenberg on February 6, 2013 at 10:08pm — No Comments

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

Link:…

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

New Appellate Arbitration Opinion

Section 9 of the Federal Arbitration Act does not apply in state court proceedings. Moreover, the parties consented to judicial confirmation of any arbitration award by providing for AAA arbitration.

Swissmex-Rapid v. SP Systems, California Court of Appeal, Dist. 2, Div. 3, case no. B238054, filed December 28, 2012

Link: http://www.courts.ca.gov/opinions/documents/B238054.PDF

Added by Leslie (Les) S. Rothenberg on December 31, 2012 at 5:41pm — No Comments

New Appellate Arbitration Opinion

Arbitration can be compelled even though the arbitration agreement was held a contract of adhesion because it was found not to be substantively unconscionable.

Baltazar v. Forever 21, Inc., California Court of Appeal, Second District, Div. One, case no.  B237173, filed December 20, 2012

Link: http://www.courts.ca.gov/opinions/documents/B237173.PDF

Added by Leslie (Les) S. Rothenberg on December 20, 2012 at 5:57pm — No Comments

New Appellate Arbitration Opinion

The Federal Arbitration Act has supremacy over a state law that limits the enforceability of noncompetition agreements re a decision that voided noncompetition agreements in two employment contracts

Nitro-Lift Technologies, L.L.C. v. Howard, Supreme Court of the United States, case no.  11-1377, filed November 26, 2012

Link: http://www.supremecourt.gov/opinions/12pdf/11-1377_3e04.pdf

Added by Leslie (Les) S. Rothenberg on November 26, 2012 at 6:00pm — No Comments

New Appellate Arbitration Opinion

Trial court had no jurisdiction to consider motion to compel arbitration in case on remand from the court of appeal where that issue was outside the scope of the remand to retry just two other issues.

Ayyad v. Sprint Spectrum, L.P., California Court of Appeal, First District, Div. Five, case no.  A133824, filed October 29, 2012,

Link: http://www.courts.ca.gov/opinions/documents/A133824.PDF

Added by Leslie (Les) S. Rothenberg on October 30, 2012 at 7:56pm — No Comments

Not-So-New Mediation Appellate Opinion

California mediation confidentiality provisions held to preclude evidence to prove allegation that attorneys fraudulently induced their clients to settle a lawsuit during a mediation session.

Hadley v. The Cochran Firm, California Court of Appeal, Second District, Division 8,

Case no. B233093, filed 8/3/12

 

Link: http://www.courts.ca.gov/opinions/nonpub/B233093.PDF

 

This is an…

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Added by Leslie (Les) S. Rothenberg on October 20, 2012 at 8:01pm — No Comments

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