Cases: Arbitration

Arbitration: $75,000 In Fees/$4,600 In Costs Award To Plaintiff On An Interactive-Process Claim Was Affirmed On Appeal Even Though Plaintiff Only Won $30,000 In Compensatory Damages

Cases: Arbitration

Dueling Appellate Sanctions Requests Were Denied Also.                In Rivas v. Dynamic Nursing Services, Inc., Case No. B337901 (2d Dist., Div. 1 Jan. 27, 2025) (unpublished), parties in an employment dispute involving common law and FEHA claims proceeded to an arbitration, with plaintiff eventually winning $30,000 on an interactive-process claim only.  Later, the arbitrator awarded […]

Arbitration: Because Arbitration Was Governed By The FAA, Lower Court’s Order Denying Arbitration To Defendant Employer For Failure To Pay Arbitration Expenses Within 30 Days Was Reversed On Appeal

Cases: Arbitration

FAA Governance Of The Arbitration Process Was Dispositive.                In Boub v. Prime Healthcare, Case No. B334972 (2d Dist., Div. 4 Jan. 25, 2025) (unpublished), a lower court’s order denying a defendant employer’s motion to compel arbitration for failure to pay arbitration expenses within 30 days under CCP § 1281.98 was reversed because the FAA

Arbitration: Arbitration Award Of Almost $60,000 In Attorney’s Fees And Costs Was Properly Not Vacated Where Arbitrator Was A Webinar Participant About Arbitration Of Fees And Costs

Cases: Arbitration

Webinar Took Place Almost 1 ½ Months After The Award, Involving General Tips On Fee Battles In Arbitration.                In Silva v. The Signature Motors LLC, Case No. H051552 (6th Dist. Jan. 14, 2025) (unpublished), an arbitrator awarded plaintiff almost $60,000 in attorney’s fees and costs (90% of the request), and the arbitrator 1 ½

Arbitration: Appellate Court Reverses Lower Court’s Denial Of Motion To Compel Arbitration Where Requesting Designer/Materialman Paid Arbitration Fees

Cases: Arbitration

Designer Did Not Have To Meet Payment Obligations By Contractor, So There Was No Waiver Or Forfeiture.                Facts many times make the difference in the resolution of a dispute.  And that conclusion rang true in Mooradian v. Ingjaldsdottir, Case No. B331561 (2d Dist., Div. 7 Sept. 26, 2024) (unpublished).                There, homeowners, designer, materialman,

Arbitration, Family Law: MFAA Fee Process Is Not Required For Fees To Be Awarded To Attorney Representing Minor In A Custody Dispute

Cases: Arbitration, Cases: Family Law

Family Code Section 3153 And CRC 5.241 Supported This Conclusion.                In Marriage of Thompson, Case No. B332150 (2d Dist., Div. 2 Sept. 24, 2024) (unpublished), ex-spouses were embroiled in a “high conflict” custody dispute over their minor child, with the family court appointing a family law attorney to represent the minor child and with

Arbitration: Employer Did Not Blow 30-Day Payment Window Under CCP § 1281.98 Because Employee Did Not Properly Serve The Arbitration Demand, Allowing For Payment Later

Cases: Arbitration

Denial Of Motion To Compel Arbitration Is Reversed And Matter Ordered To Arbitration.                CCP § 1281.98 is the 30-day window for an employer to pay arbitration expenses under penalty of going to court rather than arbitration under the contractual arbitration clause with employee.  This statute has produced much litigation; and, as we have indicated

Arbitration: Anoke Decision Now Published

Cases: Arbitration

CCP § 1281.97 Deadlines Run From Second Invoice Where Payment Was Requested.                On August 28, 2024, we posted on Anoke v. Twitter, Inc., Case No A168675 (1st Dist., Div. 5 Aug. 27, 2024), unpublished at the time, and now published on September 18, 2024.  Now citable, this case holds that the CCP § 1281.97

Arbitration: Where Employee Paid Employer’s Arbitration Fees And Then Obtained A Refund, Employer Timely Paid Arbitration Fees From Issuance Of Second Invoice Within 30 Days

Cases: Arbitration

CCP § 1281.97 Ties The 30-Day Deadline From The Date Of An Arbitrator Invoice.                We have posted about the CCP § 1281.97 30-day deadline for an employer to pay arbitration fees, with most courts strictly construing the deadline (although whether the provision is preempted by the FAA is an issue recently taken up the

Appealability, Arbitration, Employment, Preemption: $176,687.96 Fees And Sanctions Award For Employer’s Failure To Advance Fees Affirmed On Appeal

Cases: Appealability, Cases: Arbitration, Cases: Employment, Cases: Preemption

Employers Not Paying Fees Upfront Can Be Exposed To Further Arbitration Expenses Before the Axe Comes Down; Appellate Court Found No FAA Preemption, With This Preemption Issue Now Being Reviewed By The California Supreme Court.                Although unpublished, Costa-Fleeson v. Americor Funding, Inc., Case No. G062962 (4th Dist., Div. 3 Aug. 1, 2024) (unpublished) is

Arbitration: Arbitration Clause Requiring Employee To Pay Nonfrivolous Motion To Compel Arbitration And Subsequent Arbitration Fees/Costs Was Unconscionable

Cases: Arbitration

However, Severability Was To Be Considered On Remand.                In Ramirez v. Charter Communications, Inc., Case No. S273802 (Cal. Supreme Ct. July 15, 2024) (published), an employer faced unconscionability rulings on components of its arbitration clause, with the state supreme court issuing rulings on unconscionability and then whether those infirm clauses should or could be

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