The Mellor Law Firm, APLC

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Pre-Merger Arbitration Agreement Survived Merger.

February 9, 2016 by

In 2000, law firm #1 sent a letter to a lawyer offering him employment; the letter contained an arbitration provision. In 2006, law firm #2, which had subsumed law firm #1 in a merger, and the lawyer signed a termination agreement/resignation letter. Later, the lawyer sued law firm #2 for breach of the termination agreement. Law firm #2 petitioned for arbitration, and the lawyer contended the 2006 termination agreement, which did not contain an arbitration provision, constituted a novation of the offer letter.

Filed Under: Appellate Law News, Arbitration Law News, Contract Law News, Legal News Tagged With: 243 Cal.App.4th 1

SCOTUS Says Federal Policy Favors Arbitration.

February 2, 2016 by

federal policy favors Arbitration

A California consumer brought a class action against a satellite television service for unjust enrichment, declaratory relief, false advertising and violation of the Consumer Legal Remedies Act. The consumer had signed an agreement waiving rights to bring class action claims, and the agreement further stated that if “the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire Section 9 is unenforceable.”

Filed Under: Arbitration Law News, Legal News, U.S. Supreme Court Tagged With: 126 S.Ct. 1204, 131 S.Ct. 1740, 136 S.Ct. 463, 163 L.Ed.2d 1038, 179 L.Ed.2d 742, 19 Fla.L.WeeklyFed S. 94, 193 L.Ed.2d 365, 22 Fla.L.WeeklyFed.S. 957, 25 Fla. L. Weekly Fed. S. 567, 546 U.S. 440, 563 U.S. 333

Court Denied Petition To Compel Arbitration In Employment Case.

December 8, 2015 by

Plaintiff and his employer entered into an agreement that all disputes would be resolved by arbitration and that class actions were prohibited. After he was terminated, plaintiff filed a class action alleging various Labor Code violations and unfair business practices. Finding the prohibition against class actions in the agreement to be improper in the test set forth in Gentry v. Sup. Ct. (2007) 42 Cal.4th 443 [64 Cal.Rptr.3d 773, 165 P.3d 556], the trial court denied defendant’s petition to compel arbitration.

Filed Under: Appellate Law News, Arbitration Law News, Employment Law News, Legal News Tagged With: 165 P.3d 556, 173 Cal.Rptr.3d 289, 241 Cal.App.4th 833, 327 P.3d 129, 42 Cal.4th 443, 59 Cal.4th 348, 64 Cal.Rptr.3d 773

Arbitration Agreement In Employment Case Unconsionable.

November 9, 2015 by

In a wrongful termination action, the trial court denied defendant’s  petition to compel arbitration because the agreement is procedurally and substantively unconscionable. On plaintiff’s first day of work, she was provided electronic access to the employer’s “onboarding system,” which included an arbitration agreement. Later the same day, plaintiff attempted to negotiate some of the terms […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News Tagged With: 191 Cal.Rptr.3d 29, 239 Cal.App.4th 619

Unconscionability Findings In Arbitration Agreements Still Possible In Other Than Class Action Waivers.

October 27, 2015 by

When the named plaintiff in a class action against a holding company purchased a car, he signed an arbitration agreement which contained a class action waiver. The trial court denied the defendant’s motion to compel arbitration, finding the class waiver unenforceable on the ground the California Legal Remedies Act [CLRA; Civil Code sections 1750-1784] declares the […]

Filed Under: Arbitration Law News, California Supreme Court Law News, Class Action Law News, Legal News Tagged With: §§ 1750-1784, 131 S.Ct. 1740, 179 L.Ed.2d 742, 190 Cal.Rptr.3d 812, 353 P.3d 741, 563 U.S. 333, 61 Cal.4th 899, Civ.Code, Civ.Code §§ 1750-1784, Civil Code, Civil Code sections 1750-1784, sections 1750-1784

Private Attorney General Act (“PAGA”) Claims Stayed Until Arbitration Of Other Claims Completed.

June 12, 2015 by

Private Attorney General Act

This is a wage and hour case containing a cause of action alleging plaintiff is suing in his representation capacity under the Labor Code’s Private Attorney General Act of 2004 [Labor Code sections 2698-2699.5; PAGA]. In Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, [173 Cal.Rptr.3d 289, 327 P.3d 129], our Supreme Court […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News, Private Attorney General Act ("PAGA") Law News

Trial Court Erred In Not Holding Evidentiary Hearing In Motion To Compel Arbitration.

May 22, 2015 by Leave a Comment

In an action alleging investment mismanagement, defendants petitioned the court to compel arbitration. In opposition, plaintiffs argued, and supported their arguments with declarations, they were never provided with any agreements containing arbitration provisions, and what agreements they did enter were void for fraud in execution. The trial court ordered the case into arbitration, and plaintiffs […]

Filed Under: Appellate Law News, Arbitration Law News, Evidentiary Law News, Legal News

Too Sick To Work For You.

May 13, 2015 by Leave a Comment

An employee, who was on approved medical leave, was fired after his employer discovered he was engaged in outside employment, which was a violation of company policy. The employee brought an action for violation of the Moore-Brown-Roberti Family Rights Act [CFRA; Government Code sections 12945.1 and 12945.2].  An arbitrator held in the employer’s favor, finding […]

Filed Under: Arbitration Law News, California Supreme Court Law News, Employment Law News, Legal News

“If I’d Observed All The Rules, I’d Never Have Got Anywhere,” Marilyn Monroe.

May 12, 2015 by Leave a Comment

arbitration

With regard to the purchase of additional land by a country club, members were given the option of paying a lump sum or making payments over a period of years. After some time, there was a dispute over the club’s treatment of that obligation vis-à-vis new members. Four members brought suit against the club, and […]

Filed Under: Appellate Law News, Arbitration Law News, Contract Law News, Legal News

“The Cost Of Living Has Gone Up Another Dollar A Quart.”– W.C. Fields.

May 7, 2015 by Leave a Comment

Arbitration

An arbitrator with the American Arbitration Association [AAA], a practicing lawyer, in an action involving alleged fraud in the purchase of condominiums did not disclose his own involvement in the field of litigation financing for investment purposes. AAA denied requests to disqualify him, but a federal district court judge granted a motion to disqualify the […]

Filed Under: Appellate Law News, Arbitration Law News, Legal News

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Recent News

How a Business Attorney Can Help You Sell Your Business in California

May 31, 2023 By Mark Mellor

The opportunity to sell your business can either be exciting or stressful—or both all at once! You want to make sure you get the best deal possible so you can move on to bigger and better things. That’s why it’s important to have business lawyers on your side who know the ins and … Read More...

Dealing With A Contract Breach? These Are The First Steps You Need To Take

April 24, 2023 By Mark Mellor

Whether you have knowingly or accidentally breached a contract, it is important to take immediate action. Failing to do so could result in serious legal consequences and expensive fines.  As contract dispute attorneys, we've compiled the first steps you need to take when you … Read More...

What Are The Recent Construction Laws And Changes: How Do They Impact You As A Contractor

April 19, 2023 By Mark Mellor

Effective 2022 and 2023, several new regulations have been passed in California for the construction industry, including increased safety measures, environmental protection rules, and permit fines. Learn how these construction laws affect your company and how to avoid any fines … Read More...

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The Mellor Law Firm, APLC
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Fax: (951) 222-2122
10.0Mark Albert Mellor

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