In a class action alleging misrepresentation of cellular phone rates, the trial court denied defendants’ motion to compel arbitration in 2006, prior to the United States Supreme Court’s decision in AT&T Mobility LLC v. Conception (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742]. Defendants renewed their motion to compel arbitration and the trial court granted it […]
Arbitration As An “Inferior Forum.”
In a retail sales contract, the plaintiff signed a stack of papers and never saw the arbitration clause. Plaintiff individually and as a class representative, brought an action against the automobile dealership for violating the Consumer Legal Remedies Act [CLRA; Civil Code §1750 et seq.], the Automobile Sales Finance Act [Civil Code §2981 and for […]
No Payment, No Award.
An arbitrator terminated proceedings for lack of payment of fees. A party asked the superior court to confirm the “award.” The trial court denied the motion and set the matter for trial. The appellate court affirmed. Cinel v. Christopher (Cal. App. Second Dist., Div. 1; February 16, 2012) 203 Cal.App.4th 759, [136 Cal.Rptr.3d 763].
Arbitration Clause In CC&R’s Binding On Association Which Did Not Exist When Drafted.
An owners association filed a construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and […]
Losing Party Hires Private Investigator To Search For Undisclosed Conflicts With Arbitrator.
In a lot line dispute with neighbors, the losing party brought suit against his lawyers believing their negligence was the cause of the “disastrous results.” The client demanded arbitration with JAMS, and the lawyers counter-claimed for unpaid fees and costs. The arbitrator found the client lacked credibility, and eventually awarded the lawyers $289,028.85. “Shocked” by […]
Trial Court Must Hold Hearing On Whether Parties Agreed To Class Arbitration.
The trial court granted defendant’s motion to compel arbitration, but rejected its request that the court order individual arbitration. The appellate court granted defendant’s petition for extraordinary relief and ordered the trial court to vacate its order denying individual arbitration and provide the parties with an opportunity to submit evidence and argument on the issue […]
No Duty Of Lab To Inform Patient Of Lab Results.
In their complaint, parents of a child born with cystic fibrosis contend they would not have conceived a child had the hospital informed them of the results of genetic tests. Both the trial and appellate courts found the hospital’s duty ended when it informed the doctor of the results. Summary judgment was granted to the […]
Dispute Against Credit Card Company Promising To Help Rebuild Credit Has To Be Arbitrated.
Credit card was marketed to be used to “rebuild poor credit.” The company was sued in a class action for misrepresentation. Credit card users signed arbitration agreement in the application. But the Credit Repair Organizations Act [CROA; 15 U.S.C. §1679c(a)] states: “You have a right to sue a credit repair organization that violates the [Act].” […]
Petition To Compel Arbitration Denied.
Defendant employer appealed from denial of its petition to compel arbitration of a wrongful termination claim. The arbitration clause was in an employee handbook which plaintiff acknowledged receiving. The appellate court affirmed, stating: “We hold that plaintiff is not bound by the arbitration clause because that clause was included within a lengthy employee handbook; the […]
Arbitration Clause In Employment Application Unconscionable And Unenforceable.
Here’s what it says: “I hereby agree to submit to binding arbitration all disputes and claims arising out of the submission of this application. I further agree, in the event that I am hired by AccentCare, that all disputes that cannot be resolved by informal internal resolution which might arise out of my employment with […]