Plaintiffs invested in six separate funds created by defendant, some of them investing in all six funds and others in vesting in one or more of the funds. Some of the funds contained arbitration provisions, and some did not. The trial court denied all six petitions to arbitrate. The appellate court reversed and remanded, stating: “Because […]
Nonsignatory To Arbitration Agreements May Not Compel Arbitration.
Plaintiffs each own a 2010 Toyota Prius. They signed arbitration agreements with dealerships. The car manufacturer sought to compel arbitration under those arbitration agreements, and the district court denied the request because the manufacturer was a nonsignatory to the arbitration agreements, and because it waived any right to compel arbitration by vigorously litigating the action in […]
Unlicensed General Contractor Required To Disgorge All Compensation For Its Services.
A dispute over a construction project went to arbitration. One party argued the unlicensed general contractor was required to disgorge all compensation for services pursuant to Business and Professions Code section 7031, but the arbitrator rejected the argument and found for the unlicensed general contractor. The trial court denied a motion to vacate the award and entered […]
Arbitration Ethics Violated.
By the time a medical malpractice case was arbitrated, the lawyer for the defendant doctor was “. . . doing [alternative dispute resolution] with ADR Services, Inc. . . . .” Neither the lawyer nor the arbitrator revealed to plaintiff that the defense lawyer had joined the arbitrator’s arbitration/mediation firm. The arbitrator found in favor of […]
Arbitrator Not Required To Disclose Details About His Family, Or Religion.
After receiving an arbitrator’s award and searching the internet to find out the arbitrator’s parents were German Jewish escapees who lost family and property in the Holocaust, the losing party claimed the superior court erred in not vacating the award because the arbitrator did not disclose his religion and family background. The losing party, whose father […]
Mandatory Relief From Setting Aside A Default Depends On Credibility Of Counsel’s Declaration.
Under Code Civ. Proc. Section 473, subdivision (b), setting aside a default or dismissal if a timely motion is filed supported by an attorney’s “declaration of fault.” But, according to Cowan v. Krayzman (Cal. App. Second Dist., Div. 8; June 20, 2011) 196 Cal.App.4th 907, [126 Cal.Rptr.3d 793, 2011 DJDAR 9043], the court does not have to take […]
No Arbitration Because Of Possibility Of Conflicting Rulings.
Plaintiff sued a residential care facility for elder abuse and wrongful death regarding alleged inadequate care. As her mother’s attorney in fact, plaintiff had entered into a “residency agreement” with the facility, which agreement contained an arbitration clause, but plaintiff did not enter the agreement in her personal capacity. Under the arbitration clause, all claims related […]
Section 9 Of The Federal Arbitration Act Is Procedural, Not Substantive.
One party to an arbitration petitioned to the superior court to confirm the award of the arbitrator. The other party objected because the parties did not agree in their arbitration agreement that the award could be judicially confirmed as required by section 9 of the Federal Arbitration Act [FAA; 9 U.S.C. § 9.]. The trial court […]
Arbitration Agreement Not Unconscionable.
Plaintiff brought an action against her former employer alleging discrimination and harassment based on race and sex. When plaintiff applied for the job, she had filled out an 11-page employment application, several pages of which required her signature on the bottom of the page. The signature lines were highlighted in yellow. Page 8 was entitled, […]
Whether Party Is Subject To A Statutory Exemption From Arbitration Is For The Court To Decide.
Section 1 of the Federal Arbitration Act exempts employment contracts of a class of workers engaged in interstate commerce. The determination whether this exemption applies must be made by the court, not by the arbitrator. Van Dusen v. U.S. District Court (9th Cir.; July 27, 2011) 654 F.3d 838, [17 Wage & Hour Cas. 2d […]
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