| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 D079209 
 | 
People v. Maplebear Inc. 
 City attorney, acting on behalf of the People, was not bound to Instacart's arbitration agreement for its workers as the remedies it sought were for the public.  | 
Arbitration | 
 | 
J. McConnell | Aug. 1, 2022 | 
| 
 B311067 
 | 
Gallo v. Wood Ranch USA, Inc.
 The Federal Arbitration Act does not preempt the California Arbitration Act's provisions governing the timing of arbitration fee payments.  | 
Arbitration | 
 | 
B. Hoffstadt | Jul. 26, 2022 | 
| 
 B308354 
 | 
Evenskaas v. California Transit, Inc.
 The Federal Arbitration Act applied to arbitration agreement in California Transit worker's employment contract because the transportation services provided substantially affected interstate commerce.  | 
Arbitration | 
 | 
J. Segal | Jul. 19, 2022 | 
| 
 21-35690 
 | 
Knapke v. PeopleConnect
 Denial of motion to compel arbitration was improper when disputes over material facts regarding principal-agent relationship had not been resolved.  | 
Arbitration | 
 | 
M. Bennett | Jun. 30, 2022 | 
| 
 20-1573 
 | 
Viking River Cruises, Inc. v. Moriana
 Where California law under *Iskanian* does not allow PAGA actions to be divided into individual and nonindividual claims through an agreement to arbitrate, it is preempted by the Federal Arbitration Act.  | 
Arbitration | 
 | 
S. Alito | Jun. 16, 2022 | 
| 
 21-401 
 | 
ZF Automotive U. S., Inc. v. Luxshare, Ltd.
 Private adjudicatory bodies in a foreign country do not qualify as foreign or international tribunals and thus are not subject to federal courts' power to order discovery for use in foreign proceedings.  | 
Arbitration | 
 | 
A. Barrett | Jun. 13, 2022 | 
| 
 D079209 
 | 
Modification: 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 | 
 | 
J. McConnell | Jun. 7, 2022 | 
| 
 21-309 
 | 
Southwest Airlines Co. v. Saxon
 Southwest Airlines could not enforce arbitration agreement since plaintiff's work physically loading plane cargo fell within the Federal Arbitration Act's exemption for workers engaged in interstate commerce.  | 
Arbitration | 
 | 
C. Thomas | Jun. 6, 2022 | 
| 
 21-328 
 | 
Morgan v. Sundance, Inc.
 A waiver of the right to arbitrate does not require a showing of prejudice to the opposing party.  | 
Arbitration | 
 | 
E. Kagan | May 24, 2022 | 
| 
 B312302 
 | 
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 | 
 | 
D. Perluss | May 24, 2022 | 
| 
 D079209 
 | 
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 | 
 | 
J. McConnell | May 20, 2022 | 
| 
 B310458 
 | 
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 | 
 | 
H. Bendix | May 12, 2022 | 
| 
 B310232 
 | 
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 | 
 | 
L. Rubin | May 2, 2022 | 
| 
 C093881 
 | 
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 | 
 | 
R. Robie | May 2, 2022 | 
| 
 G059565 
 | 
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 | 
 | 
T. Goethals | Apr. 21, 2022 | 
| 
 B306986 
 | 
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 | 
 | 
E. Lui | Apr. 13, 2022 | 
| 
 20-16900 
 | 
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 | 
 | 
P. Watford | Apr. 6, 2022 | 
| 
 20-1143 
 | 
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 | 
 | 
E. Kagan | Apr. 1, 2022 | 
| 
 B310220 
 | 
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 | 
 | 
A. Harutunian | Mar. 31, 2022 | 
| 
 D078506 
 | 
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 | 
 | 
J. Haller | Mar. 30, 2022 | 
| 
 A158467 
 | 
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 | 
 | 
J. Humes | Mar. 16, 2022 | 
| 
 C089561 
 | 
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 | 
 | 
L. Mauro | Mar. 8, 2022 | 
| 
 H044372 
 | 
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 | 
 | 
M. Greenwood | Mar. 3, 2022 | 
| 
 B309880 
 | 
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 | 
 | 
D. Perluss | Feb. 24, 2022 | 
| 
 B309408 
 | 
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 | 
 | 
T. Willhite | Feb. 22, 2022 | 
| 
 19-17311 
 | 
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 | 
 | 
P. Bumatay | Feb. 15, 2022 | 
| 
 B309880 
 | 
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 | 
 | 
D. Perluss | Feb. 14, 2022 | 
| 
 F079993 
 | 
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 | 
 | 
D. Franson | Feb. 4, 2022 | 
| 
 B309935 
 | 
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 | 
 | 
D. Perluss | Feb. 3, 2022 | 
| 
 20-56027 
 | 
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 | 
 | 
M. Fitzgerald | Jan. 13, 2022 | 
