In her application for employment at a grocery chain, a woman signed an agreement to arbitrate any disputes. One of the provisions permits the grocery chain to unilaterally modify its arbitration policy without notice. Another specifies that each party must bear its own costs and fees. Another provides for a complicated procedure for selecting an arbitrator. […]
Foiled Again By The Federal Arbitration Act!
Labor Code sections 98 through 98.8, provide an administrative statutory scheme for an employee to seek relief from the Labor Commissioner for a wage dispute. This method of dispute resolution is called a Berman hearing. In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659, [247 P.3d 130; 121 Cal.Rptr.3d 58] (Sonic I), the California Supreme Court […]
Arbitration In Collective Bargaining Agreement Does Not Apply To Plaintiff’s Statutory Discrimination Claims.
Plaintiff, a member of a union, worked for defendant as a nurse assistant from when she was 45 years old until she was 66 years old when she developed a medical condition. Her doctor wrote a note stating she needed to stay off work for a few weeks. Plaintiff was terminated from her employment. She brought […]
Public/Private Agreements & Attorney Fees.
Plaintiff is a health care district is a public agency established in 1948 pursuant to the Health and Safety Code. Defendants include one of the hospitals that was operated by the district prior to 1998 as well as a nonprofit corporation formed to operate the hospital for the district. In 2004, when defendant hospital faced closure […]
Arbitration Award Tossed For Appearance Of Arbitrator Partiality.
After an adverse arbitration award in a legal malpractice action, the losing party plaintiff searched the internet for evidence of bias on the part of the arbitrator. She found a link to the arbitrator’s resume, which listed a named partner in the defendant’s law firm as a reference. The trial judge denied a petition to vacate […]
Arbitration Agreement Lacking Specific Provisions About How Arbitration Will Be Conducted Found To Be Enforceable.
A trial court denied a petition to compel arbitration, finding there was no valid arbitration agreement because there was no specification about what agency or person would conduct it or how the arbitrator would be selected. The appellate court reversed, stating “because the court has the power to appoint an arbitrator under [Code of Civil Procedure] […]
Judicial Reference Provision In Dispute Resolution Agreement Upheld.
In a commercial real estate transaction, the parties each signed a personal continuing guarantee in favor of the lender, and the guaranty agreements contained a provision authorizing dispute resolution through judicial reference. The trial court granted plaintiff’s motion for appointment of a referee, and defendant’s sought extraordinary relief through a writ petition. They argued the reference […]
Unanticipated Consequences To Lawyers Having Arbitration Clause In Retainer Agreements.
Plaintiffs filed suit against their own lawyers based upon the inadequacy of a settlement in an underlying action. The lawyers successfully moved to compel the action to arbitration based upon an arbitration clause in the attorney retainer agreement. Plaintiffs filed a motion in the trial court seeking an order compelling the lawyers to advance the entire […]
Arbitration For One Part Of An Action, But Not The Other.
In a class action against both DirecTV and Best Buy, plaintiffs allege a scheme to deceive, involving the apparent sale of equipment that was actually only leased to customers. The district court ordered the matter into arbitration. The Ninth Circuit found that DirecTV’s arbitration agreement is enforceable under the holding in AT&T Mobility v. Concepcion (2011) 131 […]
Defendant’s Submitted A Different Arbitration Agreement To The Court, Not The One Signed By Plaintiffs.
Defendants’ petition to individually arbitrate plaintiffs’ wage and hour claims was denied by the trial court. The appellate court affirmed in light of evidence plaintiffs signed an arbitration agreement issued by a previous owner, but the arbitration agreement defendants presented to the court had been subsequently revised. Avery v. Integrated Healthcare Holdings (Cal. App. Fourth Dist., […]
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