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Trinity v. Life Insurance Co. of North America
Insurance employee met her burden of challenging an arbitration agreement since she testified that she had not seen the agreement and would not have accepted the job had she known. 		Arbitration 2DCA/7 May 24, 2022
People v. Maplebear Inc.
Instacart could not compel arbitration of San Diego's Unfair Competition claims since the City was authorized to obtain relief and the workers who signed an arbitration agreement had no legal involvement. 		Arbitration 4DCA/1 May 20, 2022
Quach v. California Commerce Club
Plaintiffs asserting prejudice as to defendant's delay in asserting its right to arbitrate must show more than just incurrence of costs in anticipation of litigation. 		Arbitration 2DCA/1 May 12, 2022
Wing v. Chico Healthcare & Wellness Centre
No U.S. Supreme Court cases reject the rule that there is no conflict between unwaivable Private Attorneys General Act claims and the Federal Arbitration Act. 		Arbitration 2DCA/5 May 2, 2022
Leshane v. Tracy VW, Inc.
Defendants could not compel arbitration of plaintiffs' Private Attorneys General Act claims since plaintiffs had removed their arbitrable non-PAGA claims in their amended complaint. 		Arbitration 3DCA May 2, 2022
Nelson v. Dual Diagnosis Treatment Center
Arbitration clause was unconscionable since it was part of an adhesion contract that failed to disclose all arbitration rules and required a unilateral release of all claims. 		Arbitration 4DCA/3 Apr. 21, 2022
Nunez v. Cycad Management LLC
Arbitration agreement presented to Spanish-speaking employee that was not explained, provided on a take-it or leave-it basis and wholly benefited the employer was unconscionable and unenforceable. 		Arbitration 2DCA/2 Apr. 13, 2022
Berman v. Freedom Financial Network
Where a website's notification for consumers' agreement to terms and conditions is not reasonably conspicuous, consumers do not agree to its mandatory arbitration provisions. 		Arbitration 9th Apr. 6, 2022
Badgerow v. Walters
The "look-through" approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under the Federal Arbitration Act. 		Arbitration USSC Apr. 1, 2022
Kokubu v. Sudo
Movant's right to arbitrate was waived because substantial evidence supported the conclusion that movant acted in a manner that was inconsistent with an intent to arbitrate. 		Arbitration 2DCA/8 Mar. 31, 2022
B.D. v. Blizzard Entertainment
License Agreement for online gaming service that contained the entire agreement and required an affirmative click to continue provided sufficient notice of an arbitration agreement to a minor and his father. 		Arbitration 4DCA/1 Mar. 30, 2022
State Farm Mutual Automobile Insurance Company v. Robinson
An arbitration award could not be vacated where the arbitrator relied on a trial court discovery ruling and plaintiff failed to properly challenge the discovery ruling. 		Arbitration 1DCA/1 Mar. 16, 2022
Rogers v. Roseville SH, LLC
Defendants could not compel arbitration since the elderly resident's conduct never manifested an intent for his son to sign the arbitration agreement on his behalf 		Arbitration 3DCA Mar. 8, 2022
Mendoza v. Trans Valley Transport
Notwithstanding a delegation clause, the question of whether the parties entered into an agreement to arbitrate is a matter for the court, not the arbitrator, to decide. 		Arbitration 6DCA Mar. 3, 2022
Modification: Kirk v. Ratner
Neither the superior court nor the appellate court had jurisdiction to consider a petition to vacate a preliminary injunction granted by an arbitrator because the injunction was not a final award. 		Arbitration 2DCA/7 Feb. 24, 2022
Ramirez v. Charter Communications, Inc.
An arbitration remedy provision was not substantively unconscionable because it allowed a prevailing defendant to recover attorney's fees only to the same extent the Fair Employment and House Act allowed. 		Arbitration 2DCA/4 Feb. 22, 2022
Amended Opinion: Martinez-Gonzalez v. Elkhorn Packing RULING BY
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress. 		Arbitration 9th Feb. 15, 2022
Kirk v. Ratner
Neither the superior court nor the appellate court had jurisdiction to consider a petition to vacate a preliminary injunction granted by an arbitrator because the injunction was not a final award. 		Arbitration 2DCA/7 Feb. 14, 2022
Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC
Agreement's plain language exempting claims involving equitable relief from arbitration must be followed where agreement's language was clear and explicit. 		Arbitration 5DCA Feb. 4, 2022
Ahern v. Asset Management Consultants
The trial court erred in ordering arbitration because the property investor's misrepresentation claims did not arise out of the arbitration agreement. 		Arbitration 2DCA/7 Feb. 3, 2022
Ngo v. BMW of North America
Non-signatory third party could not compel arbitration based on an arbitration agreement that was not made expressly for its benefit. 		Arbitration 9th Jan. 13, 2022
Modification: Goodwin v. Comerica Bank, N.A.
A bank forfeited the right to demand disqualification of the arbitrator because it did not seek disqualification before the conclusion of the arbitration proceedings. 		Arbitration 1DCA/4 Jan. 7, 2022
Garcia v. Expert Staffing West
Mere existence of a business relationship was insufficient basis to compel arbitration with parties that did not bargain for or execute an arbitration agreement between job applicant and another entity. 		Arbitration 2DCA/6 Dec. 30, 2021
Ahlstrom v. DHI Mortgage Co.
The issue of formation of an agreement to arbitrate is a matter for the courts to decide that may not be delegated to an arbitrator. 		Arbitration 9th Dec. 30, 2021
Carmona v. Domino's Pizza
Domino's supply drivers, like Amazon drivers, are exempt from the Federal Arbitration Act's general arbitration mandate because the nature of the business is of interstate commerce. 		Arbitration 9th Dec. 27, 2021
Amended Opinion: Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief. 		Arbitration 9th Dec. 27, 2021
Theresa D. v. MBK Senior Living LLC
Plaintiff was not bound by arbitration agreement signed by her adult daughter when placing her in a residential care facility because the daughter had not been granted authority to handle such matters. 		Arbitration 1DCA/3 Dec. 22, 2021
Goodwin v. Comerica Bank, N.A.
A bank forfeited the right to demand disqualification of the arbitrator because it did not seek disqualification before the conclusion of the arbitration proceedings. 		Arbitration 1DCA/4 Dec. 17, 2021
De Leon v. Pinnacle Property Management Services, LLC
Arbitration agreement signed as a precondition of employment was unenforceable because its terms limiting discovery and shortening the limitations period for all claims were unconscionable. 		Arbitration 4DCA/3 Dec. 10, 2021
Gamboa v. Northeast Community Clinic
An order denying a motion to compel arbitration was affirmed because defendant failed to meet its burden of proof after the trial court sustained objections to defendant's proffered evidence. 		Arbitration 2DCA/7 Dec. 1, 2021
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