Unpublished Solis Decision, From The 2/5 DCA, Follows Reasoning In Recently Published Hernandez Opinion Over A Dissent. On May 24, 2024, we posted on Hernandez v. Sohnen Enterprises, Inc., a May 22, 2024 2/5 DCA opinion which was published, deciding CCP § 1281.97 orders are appealable and § 1281.97 was preempted by the FAA […]
Dissent Disagrees That FAA Is Offended By Section 1281.97. In Hernandez v. Sohnen Enterprises, Inc., Case No. B323303 (2d Dist., Div. 5 May 22, 2024) (published), a 2-1 panel decided that the FAA preempts the CCP § 1281.97 deadline requiring that an arbitration is forfeited unless the employer pays expenses within 30 days unless
Arbitrator Need To Make Decisions; Party Opposing Arbitration For Lack Of Funds Needs To Make Showing Before Superior Court Or Arbitrator. In Lew-Williams v. Petrosian, Case No. B330387 (2d Dist., Div. 7 Apr. 2, 2024) (published), a trial court dismissed state law claims for failure to prosecute after the matter was ordered to arbitration
Only A Trial Judge Can Order Discovery Sanctions Under Uninsured Motorist Arbitration. We did know that uninsured motorist arbitrations are a niche area for practitioners in the area. That is confirmed by the result in Ourfali v. 21st Century Ins. Co., Case No. B324150 (2d Dist., Div. 4 Mar. 27, 2024) (unpublished). There, in
Deadline Is Strict; § 1287.97 Is Not Preempted By The FAA. In Jane Doe v. Lawyers for Employee and Consumers Rights, Case No. B330052 (2d Dist., Div. 6 Mar. 21, 2024) (unpublished), former employer sought to press arbitration against ex-employee although it paid late arbitration expenses in derogation of the 30-day deadline under CCP
Fifth District Reversed An Order Withdrawing The Case From Arbitration Because Evidence Showed JAMS Invoice Not Received Until Later By Employer. Construing CCP § 1281.98 through plain dictionary meanings, the Fifth District in Lopez v. Landscape Development, Inc., Case No. F085676 (5th Dist. Mar. 7, 2024) (unpublished) reversed an order withdrawing a case from
Dissent Believed That The FAA Preempted Section 1281.98. In Hohenshelt v. Superior Court, Case No. B327524 (2d Dist., Div. 8 Feb. 27, 2024) (published), by a 2-1 margin, the majority determined that employer forfeited the ability to arbitrate by not paying arbitration fees and expenses as required under CCP § 1281.98, even though JAMS
Facts Here Were That Employer Obtained Stay Of Court Case, But Did Not Timely Pay Arbitration Fees. Although the procedural context was a little different because employer obtained an arbitration stay and then failed to timely pay fees for a contractual arbitration against employee, the 4/1 DCA followed the lead of Second District cases
Attorney Did Not Represent Client So As To Practicing In Unauthorized Fashion And Pre-Arbitration Fees Fell Within Broad Arbitration Clause. Arbitration fee awards are hard to overturn, as 1600 Barberry Lane 8 v. Mikles, Case No. D081775 (4th Dist., Div. 1 Jan. 17, 2024) (unpublished) establishes that well, in line with prior posts under
Technical Discussions Across The Board, But Deadlines For Practitioners To Keep In Mind. Folke v. Pulliam, Case No. BV033781 (L.A. Super. Ct. Oct. 6. 2023, posted for publication on Nov. 1, 2023) did consider the timeliness of serving a petition to vacate an arbitration award rendered under the Mandatory Fee Arbitration Act, Bus.
