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Name Category Published
Johnson v. Walmart, Inc.
Because Walmart's online Terms of Use arbitration agreement was separate from consumer's in-store purchase of service agreement, arbitration agreement was unenforceable. 		Arbitration 9th Jan. 11, 2023
Desert Regional Medical Center, Inc. v. Miller
Because employer continued on the path of litigation, delaying filing to compel arbitration for over four years, it waived any right to arbitrate individual employee claims. 		Arbitration 4DCA/2 Jan. 10, 2023
Vaughn v. Tesla, Inc.
Denial in part of motion to compel arbitration of workplace discrimination claims was proper because the arbitration provision only encompassed claims based on conduct following the commencement of direct, contractual employment. 		Arbitration 1DCA/5 Jan. 5, 2023
Reichert v. Rapid Investments Inc.
Motion to compel arbitration was properly denied because plaintiff, who received cash in the form of the prepaid debit card upon release from jail, did not accept the cardmember agreement and the arbitration clause it contained. 		Arbitration 9th Jan. 3, 2023
Doe v. Massage Envy Franchising, LLC
Plaintiff had not entered contract with franchisor when assent to contractual agreement was hidden in franchisee's General Consent electronic document. 		Arbitration 1DCA/2 Dec. 30, 2022
Williams v. West Coast Hospitals, Inc.
Under Code of Civil Procedure Sections 1281.97 and 1281.98, consumers may unilaterally withdraw from arbitration when the drafting party fails to pay contractually required arbitration fees. 		Arbitration 6DCA Dec. 27, 2022
Hayday Farms v. Feedx Holdings Inc.
Vacating arbitration award was improper because, although not based on the best interpretation of the parties' agreements, it was not irrational and did not exhibit a manifest disregard of law. 		Arbitration 9th Dec. 20, 2022
Suski v. Coinbase Inc.
Where two agreements conflicted as to whether claims would be submitted to arbitration, the issue was one of contract formation, which was for the court--not an arbitrator--to decide. 		Arbitration 9th Dec. 19, 2022
Beco v. Fast Auto Loans, Inc.
Arbitrator's ability to decide threshold issue of arbitrability requires clear and unmistakable language in the arbitration agreement. 		Arbitration 4DCA/3 Dec. 16, 2022
E-Commerce Lighting, Inc. v. E-Commerce Trade LLC
Where existence of right to setoff was submitted to arbitrator as a contested issue, trial court could not correct arbitrator's award to remove offset without affecting the decision's merits. 		Arbitration 4DCA/2 Dec. 13, 2022
Lewis v. Simplified Labor Staffing Solutions, Inc.
California's State-must-consent rule barring predispute agreements to arbitrate non-individual Private Attorneys General Act claims was overturned by the Supreme Court's ruling in *Viking River*. 		Arbitration 2DCA/8 Dec. 7, 2022
Pacific Fertility Cases
Equitable estoppel did not apply to widen arbitration agreement's reach to include the manufacturer and distributor of failed storage tank who were not parties to the arbitration agreement. 		Arbitration 1DCA/1 Dec. 5, 2022
De Leon v. Juanita's Foods
Code of Civil Procedure Section 1281.98's 30-day fee payment deadline establishes a clear-cut rule for determining if a drafting party is in material breach of an arbitration agreement. 		Arbitration 2DCA/3 Nov. 28, 2022
Navas v. Fresh Venture Foods, LLC
Grocery store's arbitration agreement signed by employees was procedurally and substantively unconscionable because it provided harsh, one-sided terms on a take it or leave it basis. 		Arbitration 2DCA/6 Nov. 22, 2022
Zhang v. Superior Court (Dentons US LLP)
By signing a partnership agreement, California lawyer consented to arbitrate dispute with law firm in New York court, which included arbitrating whether lawyer was an employee who could invoke Labor Code Section 925. 		Arbitration 2DCA/8 Nov. 11, 2022
Taska v. The RealReal, Inc.
Corrected arbitrator's award seeking to award attorney fees and costs was ineffective because arbitrator exceeded her authority to correct an arbitration award after it was final. 		Arbitration 1DCA/5 Nov. 8, 2022
Mills v. Facility Solutions Group
Trial courts may decline to sever unconscionable provisions in an arbitration agreement when there are too many unconscionable provisions and would require essentially rewriting the agreement. 		Arbitration 2DCA/7 Nov. 3, 2022
Modification: Villareal v. LAD-T, LLC
Defendants' extreme delay in filing a fictitious business name to try to enforce arbitration agreement with former employee may have constituted a waiver of the right to arbitrate. 		Arbitration 2DCA/7 Nov. 3, 2022
Davis v. Shiekh Shoes, LLC
Employer waived its right to invoke arbitration of its employee's claims by participating in the lawsuit for seventeen months without moving to compel arbitration. 		Arbitration 1DCA/2 Nov. 1, 2022
Villareal v. LAD-T, LLC
Defendants' extreme delay in filing a fictitious business name to try to enforce arbitration agreement with former employee may have constituted a waiver of the right to arbitrate. 		Arbitration 2DCA/7 Oct. 24, 2022
Costa v. Road Runner Sports
Consumer did not implicitly consent to arbitration through imputation of his attorney's knowledge of the arbitration provision. 		Arbitration 4DCA/1 Oct. 20, 2022
Leger v. R.A.C. Rolling Hills
Residential care facility waived arbitration when its overall actions prior to seeking arbitration manifested an intent not to pursue it. 		Arbitration 4DCA/1 Oct. 20, 2022
Espinoza v. Superior Court (Centinela Skilled Nursing & Wellness Centre West)
Code of Civil Procedure Section 1281.97, requiring timely payment of arbitration fees, required strict application of its deadline and was not preempted by the Federal Arbitration Act. 		Arbitration 2DCA/1 Sep. 29, 2022
Starr v. Mayhew
Arbitrator had the power to amend arbitration award to clarify losing party was not entitled to indemnity for fees and costs incurred. 		Arbitration 4DCA/3 Sep. 29, 2022
Oswald v. Murray Plumbing & Heating Corp.
Construction worker validly waived his right to file a Private Attorneys General Act action as part of his collective bargaining agreement. 		Arbitration 2DCA/2 Sep. 7, 2022
Logan v. Country Oaks Partners
Advance health care directive and power of attorney for health care decisions did not authorize appointee with authority to sign an optional arbitration agreement. 		Arbitration 2DCA/4 Aug. 22, 2022
Caremark v. Chickasaw Nation
Where Native American tribe and pharmacy provider's contract contained a delegation clause, the district court properly submitted threshold questions of arbitrability to the arbitrator. 		Arbitration 9th Aug. 10, 2022
Dept. of Fair Housing and Employment v. Cisco Systems, Inc.
Department of Fair Employment and Housing can not be compelled to arbitrate an employment discrimination lawsuit merely because the affected employee agreed to arbitrate disputes with the employer. 		Arbitration 6DCA Aug. 9, 2022
Brawerman v. Loeb & Loeb LLP
Work done by an attorney who was not licensed to practice in California did not invalidate an entire retainer agreement, and therefore the agreement's arbitration provision remained enforceable. 		Arbitration 2DCA/8 Aug. 4, 2022
Jones Day v. Orrick, Herrington & Sutcliffe
District court had subject matter jurisdiction to enforce petitions to comply with arbitral summonses in a proceeding falling under the New York Convention pursuant to the Federal Arbitration Act. 		Arbitration 9th Aug. 2, 2022
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