Authority To Make Medical Decisions Is Not The Same As Authority To Consent To Arbitration. In Lombardo v. Gramercy Court, C098857 ( 3rd Dist. 12/31/24) (Robie, Earl, Mauro) the plaintiffs, Lisa Lombardo and others, sued Gramercy Court for wrongful death, negligence, elder abuse, and gross negligence after Elizabeth Stein, their... Continue reading

Every PAGA Claim Necessarily Includes An Individual PAGA Claim. We like it when judges neatly summarize a case and its ruling. It makes it much easier to do a quick post. Justice Frances Rothschild has made our job easier: Shipt, Inc. (Shipt) and its parent company Target Corporation (Target) (collectively,... Continue reading

And Wishing You A Happy, Healthy, Productive 2025. Library of Congress. Photographer: Carol M. Highsmith. Date: 12/31/21. "This old auto-body shop in Paxton, a village west of North Platte in southwest Nebraska, isn't fixing cars any more but someone's around to wish passersby a happy new year." Continue reading

In 2024,Three Mediation-Related Measures Passed, One Did Not. As of December 22, 2024, the status of the four California legislative measures from 2024 impacting mediation practices is as follows: Senate Bill 940 (SB 940): Enacted into law on September 29, 2024, this bill establishes a voluntary certification program for Alternative... Continue reading

Sarbanes-Oxley Federal Whistleblower Claim Is Precluded By Issues Decided In Arbitration, Though Employees Are Protected Against Mandatory Arbitration Of Whistleblower Claims. Section 806 of the Sarbanes-Oxley Act (SOX) provides whistleblower protections, including protection against mandatory arbitration. Can issues decided against a former Tesla employee in arbitration preclude the employee's relitigation... Continue reading

Labor Code Sections Prohibiting Cost-Shifting To Employees Prevailed Over Section 998 Cost-Shifting. The next case does not involve ADR. We blog about it because it does involve settlement offers and cost-shifting. Employees sued California Collision LLC (CCL) and its owner for labor law violations. The case involved several settlement offers... Continue reading

Stephnie Trujillo v. J-M Manufacturing Company, Inc., B327111 (2/8 12/2/24) (Stratton, Grimes, Wiley). This case involves an employer's obligation to make timely payment to the arbitrator, as required by statute, or face the prospect of losing the right to arbitrate. The facts are unusual. Stephnie Trujillo filed a complaint against... Continue reading

Happy Thanksgiving! "A Thanksgiving Truce" A Thanksgiving Truce. 1905. Puck. Library of Congress description: Illustration shows Theodore Roosevelt, wearing his rough rider uniform, sharing a feast with many wild animals sitting around a large banquet table in the wilderness. A bear is making a toast. "Teddy Jr.", wearing buckskin, is... Continue reading

Mass Arbitration Model For Batching Together Claims With Common Legal Or Factual Issues Held To Be Unconscionable. The Ninth Circuit affirmed the district court's denial of Live Nation and Ticketmaster’s motion to compel arbitration in a Sherman Act antitrust class action. Skot Heckman et al. v. Live Nation Entertainment, Inc.;... Continue reading

To Sever Unconscionable Provisions Or Not To Sever . . . That Is The Question. The Ninth Circuit affirmed the district court’s decision denying USF Reddaway, Inc.’s motion to compel arbitration, finding the agreement procedurally and substantively unconscionable under California law. The court held the arbitration agreement was moderately procedurally... Continue reading

Interstate Transportation Workers Are Exempted From Arbitration Under The Federal Arbitration Act. We have been remiss reporting on 9th Circuit cases since mid-July 2024. Now, we're doing a little catch-up. An airline fuel technician qualifies as a transportation worker engaged in foreign or interstate commerce, and thus he is exempt... Continue reading

This Case Makes It Easier For Employers To Beat Back PAGA Lawsuits When Employee Loses Labor Code Claims In Arbitration -- The Legal Tool Is Issue Preclusion. In Julian Rodriguez v. Lawrence Equipment, Inc., B325261 (2/3 pub. 11/8/24) (Bershon, Edmon, Egerton), the plaintiff, Julian Rodriguez, alleged wage-and-hour violations under California’s... Continue reading

On The Difference Between A Final Award And An Interim Award Dismissing Claims But Leaving The Door Open For Additional Claims. In Ortiz v. Elmcrest Care Center, LLC, B330377 (2/3 pub. 11/7/24) (Egerton, Adams, Bershon), Ericka Ortiz, representing the Estate of Jose de Jesus Ortiz, sued Elmcrest Care Center and... Continue reading

A Reference To "Dementia" Signals Where The Court Was Headed. Harold and Lucy West and their adult daughter Deon were approached by a salesperson from Elite Home Remodeling, Inc. regarding solar panel installation and bathroom renovation. Harold and Lucy, in their 90s and suffering from dementia, did not use email,... Continue reading

A Non-Binding Arbitrator's Decision Recommended Reinstatement Of Police Officer. . . The Court of Appeal Allowed The City Manager To Reject It. Former police officer Ramirez administratively appealed the decision of the City of Indio Police Department's decision to terminate his employment at the conclusion of the “Appeals Procedure” set... Continue reading

But If One Of Two Simultaneous Offers Is Invalid, Section 998 Can Be Applied To The Remaining Section 998 Offer. Our next case, which does not involve mediation or arbitration, involves settlement. But since section 998 settlement offers can be made in both arbitration and litigation, our next case is... Continue reading

The Agreement Is With The Second District, Division 3. The Ending Forced Arbitration Of Sexual Assault and Sexual Harassment Act (EFAA) amended the Federal Arbitration Act by exempting claims of sexual assault and sexual harassment from forced arbitration. An issue that cases addressing the EFAA have faced is whether in... Continue reading

McGill Lives On When California Law Applies. In Kramer v. Coinbase, Inc., A167779 (1/3 pub. 10/4/24) (Petrou, Tucher, Fujisaki), plaintiffs filed a lawsuit against Coinbase, Inc. for public injunctive relief under California's Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law. Plaintiffs alleged Coinbase misrepresented the security of... Continue reading

The Case Clarifies How The EFAA Should Apply To Arbitrating Cases Stradling The Effective Date Of The EFAA, And To Mixed Cases Involving Sexual Harassment And Other Claims. Jane Doe brought claims of sexual harassment and related violations by her employer, The Huntley Hotel. The employer sought to compel arbitration.... Continue reading

An LPS Conservatorship Only Created Authority To Make Decisions Concerning Health Care And Treatment, Not Authority To Agree To Arbitration. Health care facilities are a fertile breeding ground for problems enforcing arbitration agreements. The problems usually stem from deciding who has authority to agree to arbitration, who has capacity, and... Continue reading

Waiver Results From Delaying Bringing Motion To Compel Arbitration Without Adequate Explanation. Britnee Campbell, a former employee of Sunshine Behavioral Health, LLC, filed a class action lawsuit in May 2022 for wage and hour violations. Sunshine entered into litigation and mediation discussions, without mentioning an arbitration agreement allegedly signed by... Continue reading

One More Opinion Rejects Reasoning In Felisilda. In Rivera et al. v. Superior Court of Ventura County, B334522 (2/6 9/23/24) (Gilbert, P.J.) petitioners Rivera and Espinosa sued Ford Motor Company under California's Song-Beverly Consumer Warranty Act (the "lemon law") after their Ford F-250 truck experienced repeated mechanical issues. They also... Continue reading

Health Care Cases Continue To Generate Problematic Arbitration Agreements. The case James Maxwell v. Atria, A168043 (1/1 9/19/24) (Siggins, J.) involves the death of 93-year-old Trudy Maxwell, a resident at Atria Park of San Mateo, who passed away after drinking industrial-strength cleaner mistakenly served by an Atria employee. Trudy's children,... Continue reading

First Invoice Was Paid By Employee And Marked "Paid" And Employer Timely Paid Second Invoice. In Anoke v. Twitter, Inc., A168675 (1/5 pub. 9/18/24) (Burns, J.), Sarah Anoke and other employees initiated arbitration against Twitter ("X") for employment-related disputes. Under California Code of Civil Procedure section 1281.97, an employer must... Continue reading

An Exception To The General Rule That Errors Of Fact And Law Are Not A Basis For Reversing An Arbitrator's Award. If you need an example of a recent case in which the parties agreed that the arbitrator shall follow the law, see Samuelian v. Life Generations Healthcare, LLC, No.... Continue reading