Defendants moved to compel arbitration based on an arbitration provision in the insurance contract between the parties. The trial court denied the motion, ruling that the arbitration provision was unenforceable because it was not disclosed in the application for the policy. The appellate court ruled the case should have been ordered to arbitration as the […]
Arbitration Decision Vacated Due To Mistake Of Law.
Plaintiff was fired because his employer thought he was misusing his leave time by working in a restaurant he owned. The arbitrator denied his claim, finding the employer based its action on an honest belief. The trial court denied plaintiff’s motion to vacate the arbitrator’s decision. The appellate court reversed, stating: “The honest belief defense […]
Oral Testimony In A Law & Motion Matter.
The trial court concluded an arbitration clause was susceptible to conflicting interpretations with respect to scope. It considered extrinsic evidence with respect to the intent of the parties, and received oral testimony at the motion. The appellate court found the court acted within its discretion. Burch v. Premier Homes, LLC (Cal. App. Second Dist., Div. […]
Statement Of Decision In A Law & Motion Matter.
Civ.Proc. §1291 states: “A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order after final judgment, is made that is appealable under this title.” But when a party requested the court to issue a statement of decision at the time […]
Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.
An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee […]
Two Arbitration Agreements Signed…Which Will Be Upheld?
Woman and her accountant/Oakwood Capital Management agreed any dispute between them would be decided under California law through arbitration in accordance with American Arbitration Association [AAA] rules. The agreement between the woman and Ameritrade provides for arbitration governed by Nebraska law in accordance with Financial Industry Regulatory Authority [FINRA] rules. The trial court denied the […]
Class Action Claims Striken.
Arbitration agreement provided for arbitration of disputes arising out of plaintiff’s employment. It was silent regarding class actions. The trial court granted defendant’s petition to compel arbitrations and denied its motion to dismiss class allegations. Noting the plaintiff produced no evidence to the trial court regarding the four factors required under Gentry v. Sup. Ct. […]
Use It Or Lose It.
Court of Appeal upheld trial court’s finding employer waived arbitration by delaying arbitration for an unreasonable time period [not expressing desire to arbitrate for four months after action commenced and waiting almost another month before filing its motion to compel arbitration]; engaging in litigation on the merits by taking steps inconsistent with arbitration [multiple demurrers, […]
Arbitration Award For Employer Set Aside.
An employment agreement containing an arbitration clause stated “this Agreement can be amended, modified, or revoked in writing by the Company at anytime.” The trial court granted the motion to compel arbitration. The plaintiff not only failed to prevail at arbitration, but was ordered to pay the employer over $40,000 for its attorney fees and […]
Non-Signatories Not Bound By Arbitration Agreement.
After a corporation went into bankruptcy, its short-term creditors brought suit against the corporation’s financial advisor alleging fraudulent misrepresentations. The financial advisor filed a petition to compel arbitration. The trial court denied the petition to compel and the appellate court affirmed because “the short-term creditors were not third-party beneficiaries of the contract between the financial […]
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