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 […]
Employee Must Attend Arbitration, Even If Terms Unknown.
The trial court denied an employer’s petition to compel arbitration of an action against it by a former employee. At the time the employee was hired, she completed an employment application containing an arbitration clause, which incorporated reference to an arbitration policy. The trial court was not persuaded that an undated four-page policy attached to defendant’s […]
Provision Requiring Club Members To Arbitrate Disputes Too Late.
In Cobb v. Ironwood Country Club (Cal. App. Fourth Dist. Div. 3; January 28, 2015) 233 Cal.App.4th 960, [183 Cal.Rptr.3d 282], the defendant club amended its bylaws to include a provision requiring club members to arbitrate disputes, four months after the plaintiffs, two club members and two former club members, filed the instant case. The club […]
Can A Court Intervene In An Ongoing Arbitration.
The Ninth Circuit discussed the ability of a court to intervene in an ongoing arbitration in Sussex v. United States Dist. Court for the Dist. of Nev. (Ninth Cir.; January 27, 2015) 776 F.3d 1092. This was a consolidated action brought by 385 condominium purchasers against the developer. The matter was submitted to arbitration before the […]
Employer’s Petition To Compel Arbitration Denied.
In Montano v. Wet Seal Retail, Inc. (Cal. App. Second Dist. Div. 4; Januanry 7, 2015) (As Mod. January 13, 2015) 232 Cal.App.4th 1214, [182 Cal.Rptr.3d 220], an arbitration agreement drafted by an employer provided that the employee waived the right to file a private attorney general claim. It also stated that this provision was a material […]
Defendant Waived Arbitration By Propounding Discovery.
In a wage and hour case filed as a class action, instead of petitioning for arbitration outright, the employer defendant answered the complaint, asserting the plaintiff’s claims were subject to arbitration. The defendant proceeded to both respond to plaintiff’s discovery and propound discovery of its own. The parties then agreed to stay discovery for the […]
Trial Court Erred When It Did Not Order All Claims, Even Those For Injunctive Relief, Into Arbitration.
Credit card holder sued Citibank under Business and Professions Code section 17200 for unfair competition and false advertising over an insurance plan she purchased to protect her Citibank credit card account. The trial court granted Citibank’s petition to compel arbitration on the claims for money damages and restitution, but denied the petition on the injunctive […]
Superior Court’s Order Vacating Partial Award Of Arbitrator Not Yet Appealable Because Not Final.
Plaintiff brought a private attorney general action [PAGA] alleging various employment related issues on behalf of herself and other aggrieved employees. In a separate action, filed as a class action, she alleged similar employment claims on behalf of herself and class members. The trial court declared the two actions as being related actions, but did […]
Denial Of Motion To Stay Proceedings Pending Arbitration Is Not An Appealable Order.
Defendant filed a motion to stay proceedings in the superior court pending arbitration, and the trial court denied the motion. Defendant appealed, and the Court of Appeal dismissed the appeal, stating: “[T]he trial court’s denial of the stay motion unaccompanied by any motion or petition to compel arbitration or a pending arbitration is not an […]
Arbitration: Filing A Complaint Relieves A Party From Proving The Other Party Refused.
Two businesses entered into an agreement which provided that disputes would be subject to arbitration. Plaintiff sued defendant, and defendant moved to compel arbitration. Under Code of Civil Procedure section 1281.2, a party requesting arbitration must prove the other party refused to arbitrate the controversy. The trial court denied the motion to compel on the […]
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