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.
SCOTUS Says 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.”
Court Denied Petition To Compel Arbitration In Employment Case.
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.
Arbitration Agreement In Employment Case Unconsionable.
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 […]
Unconscionability Findings In Arbitration Agreements Still Possible In Other Than Class Action Waivers.
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 […]
Private Attorney General Act (“PAGA”) Claims Stayed Until Arbitration Of Other Claims Completed.
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 […]
Trial Court Erred In Not Holding Evidentiary Hearing In Motion To Compel Arbitration.
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 […]
Too Sick To Work For You.
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 […]
“If I’d Observed All The Rules, I’d Never Have Got Anywhere,” Marilyn Monroe.
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 […]
“The Cost Of Living Has Gone Up Another Dollar A Quart.”– W.C. Fields.
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 […]
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