In Mayers v. Volt Management Corp, the Court of Appeals ruled that an arbitration agreement was unconscionable. There, Plaintiff filed a lawsuit against his former employer alleging several claims under the California Fair Employment and Housing Act (“FEHA”). The Defendant filed a motion to compel
Court Upholds Invalidation of Pre-Employment Arbitration Clause
In Wisdom v. AccentCare, Inc. 202 Cal.App.4th 591, (2012), the Court held that an arbitration agreement found in a pre-employment application was both procedurally and substantively unconscionable. The Court held that the arbitration provision was procedurally unconscionable “because its language
Arbitrator Can Rule On A Contract Dispute Involving A Non-Licensed Contractor
In Templo Calvario Spanish Assembly of God v. Gardner Construction Corporation, the Court of Appeals held thatthe Contractors’ State License Law does not automatically void all contracts entered by unlicensed contractors, and thus an arbitrator’s ruling involving a contract dispute with a
The Types And Benefits of Alternative Dispute Resolution
The Wagner Legal Group strongly believes in Alternative Dispute Resolution, such as pre-litigation mediation, settlement conferences, neutral evaluation, and arbitration. In fact, more and more courts are demanding that parties engage in dispute resolution, even if suit has already been filed. For a