All Blog Posts (160)

Former HR director in employment dispute who, despite employer urging in employee handbook, never signed an arbitration agreement was not equitably estopped from denying she agreed to arbitrate.

Gorlach v. The Sports Club Company, California Court of Appeal, Second District, Div. Four, case no.  B233672, filed October 16, 2012

Link: http://www.courts.ca.gov/opinions/documents/B233672.PDF

 Dispute regarding plaintiffs’ status as independent contractors falls outside the arbitration provision (that applies only “to application or interpretation”) of the parties’ contracts. 

Elijahjuan v. Superior Court (Mike Campbell & Associates, Ltd), California Court of Appeal, Second District, Div. Eight, case no. B234794, filed October 17, 2012

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Arbitrator may interpret memorandum of understanding between state and employee unions, but mandating enforcement without unequivocal legislative approval violates public policy and must be vacated.

California Department of Human Resources v. Service Employees International Union, Local 1000, California Court of Appeal, Third District, case no. C066531, filed October 12, 2012

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The American Bar Association's Section on Dispute Resolution and its Mediation Committee each year call attention to the positive ADR option of settling disputes through the mediation process. This year the Section has circulated a sample text of a possible newspaper op-ed to try to reach people who have never considered using mediation for a variety of disputes. That sample text follows:

"Conflict is an inevitable part of life — from our jobs, to our families to our…

The Federal Arbitration Act does not preempt application of the California Arbitration Act to an arbitration agreement in which the parties have agreed to be governed by California law, but does preempt when they have not so agreed.

Mastick v. TD Ameritrade, Inc., California Court of Appeal, Second District, Div. Six, case no.  B237475, filed October 9, 2012

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A trial court could revisit its order denying arbitration to a class of consumers where intervening case law held that class action waivers in consumer contract arbitration provisions are enforceable

Phillips v. Sprint PCS, California Court of Appeal, First District, Div. Three, case no.  A134371,  filed September 26, 2012

 Link: http://www.courts.ca.gov/opinions/documents/A134371.PDF

Arbitration clause in preprinted auto installment sale contract held to be procedurally and substantively unconscionable and thus unenforceable.

Goodridge v. KDF Automotive Group, Inc., California Court of Appeal, Fourth District, Div. One, case no.  D060269, filed August 24, 2012, publication ordered September 13, 2012

Link: http://www.courts.ca.gov/opinions/documents/D060269.PDF

The Court…

As employment arbitration agreement explicitly covered claims in employee’s lawsuit and provided only for bilateral arbitration, held that the parties had not agreed to submit to class arbitration

Reyes v. Liberman Broadcasting, Inc., California Court of Appeal, Second District, Div. One, case no. 2012 S.O.S. 4581, filed August 31, 2012,

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A judgment entered after an international commercial arbitration can be challenged in a post-judgment appeal, but the disclosure rules regarding vacating a domestic arbitration award do not apply

Comerica Bank v. Howsam, California Court of Appeal, Second District, Div. Five,

case no. B232749, filed August 20, 2012

Link: http://www.courts.ca.gov/opinions/documents/B232749.PDF

There is no requirement for arbitrator disclosure of “slight or attenuated” contacts with parties, witnesses or counsel when there is no evidence of close friendships or business relationships.

Nemecek & Cole v. Horn, California Court of Appeal, Second District, Div. Eight, case no. B233274, filed July 23, 2012, publication ordered August 15, 2012,

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The right to classwide arbitration in wage and hour litigation in California continues to be bound by state law, although the controlling case precedent may have been preempted by Federal law.

Truly Nolen of America v. Superior Court (Miranda), California Court of Appeal, Fourth District, Div. One, case no. D060519, filed August 9, 2012, publication ordered August 13, 2012

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A trial court has the right to look behind the conclusions of law in an arbitration award and consider the arbitrator’s factual findings to determine the basis of the award.

Worthington v. Davi, California Court of Appeal, Fourth District, Div. Three, case no. G045537, filed August 7, 2012

Link: http://www.courts.ca.gov/opinions/documents/G045537.PDF

Athlete who was employed in Tennessee has insufficient contacts with California to justify vacating an arbitration award that prohibits him from pursuing workers’ compensation benefits in California

Matthews v. National Football League Management Council, U.S. Court of Appeals for the Ninth Circuit, case no. 11-55186, filed August 6, 2012

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An arbitration clause in an employee handbook held unenforceable for multiple reasons and unconscionable because it requires the employee to relinquish his or her administrative and judicial rights.

Sparks v. Vista Del Mar Child and Family Services, California Court of Appeal, Second District, Div. Five, case no.  B234988, filed July 30, 2012,

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Requiring individual, rather than classwide, arbitration of wage and hour claims does not violate California public policy if the arbitration agreement is otherwise found to be valid and enforceable.

Nelsen v. Legacy Partners Residential, Inc., California Court of Appeal, First District, Div. One, case no. A132927, filed July 18, 2012,

Link: http://www.courts.ca.gov/opinions/documents/A132927.PDF

A collective bargaining provision re compelling arbitration does not conflict with the California Education Code if its enforcement would neither set aside, annul, or replace provisions of that Code.

United Teachers Los Angeles v. Los Angeles Unified School District, Supreme Court of California, case no. S177403, filed June 28, 2012

Link: http://www.courts.ca.gov/opinions/documents/S177403.PDF

LA Mediators were treated yesterday evening to a presentation of stunning intellectual acuity by Sean Judge and Bob Tessier.  We were also lucky to have in attendance Barry Brandt, a major presence in mediation in San Bernardino, and Jim Heiting, a former State Bar President, from Riverside, as well as a host of others from Los Angeles. Many thanks to Bob for his generosity in providing world-class Chinese food and…

The existence of an invalid release of a wage claim pursuant to Labor Code section 106.5 in an agreement does not provide a defense to the enforcement of an arbitration provision contained in the same agreement.

 Pulli v. Pony International, LLC, California Court of Appeal, Fourth District, Div. One, case no. D059137, filed June 19, 2012,

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Parties' failure to reach an agreement regarding their dispute over payment of arbitration fees, after being instructed by arbitrators to do so, was a waiver of the right to arbitrate.

Cinel v. Barna, California Court of Appeal, Second District, Div. One, case no. B232380,  filed May 18, 2012, publication ordered June 15, 2012

Link: http://www.courts.ca.gov/opinions/documents/B232380.PDF

State statutory wage and hour claims are not subject to arbitration unless there is Federal preemption by the Federal Arbitration Act as applied to contracts evidencing interstate commerce.

Hoover v. American Income Life Insurance Company, California Court of Appeal, Fourth District, Div. Two, case no. E052864 filed May 16, 2012, publication ordered June 13, 2012

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