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 […]
No Attorney Fees.
Employer settled case with employees who contended they were not given rest breaks required by Labor Code §227.7. The California Supreme Court decided “the most plausible inference to be drawn . . . is that the Legislature intended Labor Code §226.7 claims to be governed by the default American rule that each side must cover […]
Question Of Fact Whether Dangerous Condition Of Public Property Existed.
Traffic exiting baseball park was induced onto a public street where plaintiff was standing behind her car when she was hit by a drunk driver. The trial court granted summary judgment. The appellate court reversed, holding numerous questions of fact existed relating to the issue of dangerous condition of public property. Cole v. Town of […]
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 […]
Ungrateful Client.
Lawyer represented client in employment litigation resulting in a $62,246.74 judgment in the client’s favor after a jury trial. The trial court awarded $300,000 for attorney fees, whereupon the client substituted the lawyer out of her case and represented herself in propria persona. The lawyer moved for an order that the attorney fees be made […]
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 […]
Once Again, Which Statute Of Limitations Applies?
In another case, appellants had an option to purchase real property and claimed the three-year statute of limitations under Civ.Proc. §338 applied. Both the trial and appellate courts found the two-year statute of limitations under Civ.Proc. §339 was the right one because “an option to purchase real property is a contractual right.” Cyr v. McGovran […]
Seller’s or Buyer’s Broker, Which Statute Of Limitations Applies?
California Civil Code section 2079.4 imposes a two-year statute of limitations on suits brought against a seller’s real estate broker. The standard buyer-broker agreement form issued by the California Association of Realtors form imposes a two-year limitations period for any legal action against a buyer’s broker. This case involves claims brought against a dual listing […]
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