In Gorlach v. The Sports Club Company, the plaintiff filed a lawsuit for wrongful termination, retaliation, sexual harassment, intentional infliction of emotional distress, defamation, breach of contract, and negligence. The employer attempted to enforce an arbitration agreement. The parties agreed
Appellate Court Upholds Denial Of Arbitration In Wrongful Termination Case
In Sparks v. Vista Del Mar Child and Family Services, the Court of Appeals upheld a trial court’s decision denying defendant’s petition to compel arbitration of the wrongful termination claims of its former employee. There, Plaintiff filed a wrongful termination complaint against his former
Failure To Pay Arbitration Fees Was A Waiver Of Right To Arbitrate
In Cinel v. Barna, the Court of Appeals ruled that the failure to pay the arbitrator’s fees constitutes a waiver of arbitration. There, numerous parties were ordered to arbitrate by the trial court. The plaintiff paid his portion of the fees, as did two of six defendants. At that point, the
Defendant Waived Arbitration Rights By Litigating Case For Over A Year
In Hoover v. American Income Life Insurance Company, the Court of Appeals ruled that the defendant waived any right to arbitrate by actively litigating with the plaintiff for more than a year, which caused plaintiff prejudice. The Court noted that defendant engaged in discovery, including
Contract Provision Requiring Mediation Before Recovering Fees Is Upheld
In Cullen v. Corwin, the Court of Appeals ruled that the trial court erred in awarding attorneys’ fees to the prevailing defendants where the parties’ contract provided that such fees were unavailable if the party seeking fees had refused to mediate the dispute. After the lawsuit was filed, the
Court Unanimously Holds Arbitration Agreement Unconscionable And That California Law On Arbitration Still Applies Despite The Supreme Court Ruling In Conception
Plaintiffs were two carpet installers that worked for defendant. When they were initially hired, and again later during their employment, plaintiffs were given form contracts and told to sign them if they wanted to work for Empire. Both contracts were presented only in English, despite the fact
Court Holds That An Arbitration Agreement That Allows The Employer To Unilaterally Modify Or Revoke Arbitration Clauses Is Unenforceable
This week, in Peleg v. Niemen-Marcus Group, Inc., the California Court Of Appeals held that an arbitration agreement that allowed an employer to unilaterally modify or revoke the arbitration agreement with 30 days’ notice was unenforceable. The Court held also held that it was proper for the trial
Appellate Court Upholds Trial Court’s Ruling Holding That An Arbitration Provision Is Unconscionable
In Ajamian v. CantorCO2e, the Court of Appeal held that an arbitration provision in an employment contract was both procedurally and substantively unconscionable and the trial court did not abuse its discretion in finding it unconscionable. It also held the trial court properly found that the