United States ex rel. Welch v. My Left Foot Children’s Therapy, LLC

False Claims Act lawsuit was not subject to defendant employer’s arbitration clause in its contract with employee claimant, since it had no substantial connection to the employment relationship, and it was a claim by the United States, not the employee, against the employer.  An employer’s arbitration clause was not phrased broadly enough to encompass a…

In re Henson (Henson v. U.S. District Court)

Plaintiff’s claims against defendant for common law privacy violations through use of zombie “cookies” through which defendant gathered data on plaintiff’s internet usage on his Verizon phone without Verizon’s knowledge or approval, let alone plaintiff’s, were not subject to the arbitration clause in plaintiff’s phone contract with Verizon.  The Ninth Circuit issues a writ of…

Cortez v. Doty Bros. Equipment Co.

A collective bargaining agreement explicitly requires arbitration of wage and hour claims by referencing a wage order; so long as a Private Attorney General Act claim survives, decertification of a class is not immediately appealable. Following Munoz v. Chipotle Mexican Grill, Inc. (2015) 238 Cal.App.4th 291, this decision holds that an order dismissing class action…

Aanderud v. Superior Court

An arbitration agreement is not substantively unconscionable merely because it states that the arbitrator will decide arbitrability issues.  An arbitration clause that provided the parties would submit to arbitration any dispute about “the interpretation, validity, or enforceability of this Agreement, including the determination of the scope or applicability of [the arbitration clause]” and which chose…

OTO, L.L.C. v. Kho

Employer’s motion to compel arbitration should be granted because even though arbitration agreement suffered a high degree of procedural unconscionability, there was no substantive unconscionability.  An employer’s arbitration agreement suffered a high degree of procedural unconscionability, but no substantive unconscionability, and so arbitration should be compelled.  The high degree of procedural unconscionability arose because the…

Sprunk v. Prisma LLC

Defendant employer waived its right to compel arbitration by first filing and then withdrawing a motion to compel arbitration before class certification, and then litigating the case for four years before filing a new motion to compel arbitration after the class was certified.Defendant employer waived its right to compel arbitration in this wage and hour…

Harshad & Nasir Corp. v. Global Sign Systems, Inc.

Arbitration agreement that provided for full judicial review of the arbitration award—the same as if it had been a decision by a court—sufficiently specified that parties wanted enhanced judicial review, so they were entitled to receive review by normal appellate standards, not the restricted review normally given arbitration awards.  Just before trial, the parties agreed…

Kaiser Foundation Health Plan, Inc. v. Superior Court

The courts lack the power to confirm or review an interim arbitration award that does not resolve all disputed issues submitted to the arbitrator for decision.  The trial court lacks the power to confirm, and the Court of Appeal lacks jurisdiction to hear an appeal from confirmation of, an interim arbitration award that does not…

Baker v. Italian Maple Holdings, LLC

The fact that plaintiff-patient died within the 30-day period during which she could rescind an agreement to arbitrate medical malpractice claims against a medical service provider (here, a 24-hour skilled nursing facility) does not invalidate the arbitration agreement. Disagreeing with Rodriguez v. Superior Court (2009) 176 Cal.App.4th 1461, this decision holds that the fact that the…

Esparza v. KS Industries, L.P.

Claims for statutory damages or penalties payable to individual employees are arbitrable; only Private Attorney General Act claims for civil penalties payable to the state are not arbitrable.  Under Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, only claims that are brought on behalf of the state under PAGA and seek civil…

Aanderud v. Superior Court

An arbitration agreement is not substantively unconscionable merely because it states that the arbitrator will decide arbitrability issues.  An arbitration clause that provided the parties would submit to arbitration any dispute about “the interpretation, validity, or enforceability of this Agreement, including the determination of the scope or applicability of [the arbitration clause]” and which chose…

Los Angeles Unified School Dist. v. Safety National Casualty Corp.

Unless the arbitration clause expressly adopts them, the Federal Arbitration Act’s procedural rules do not apply in state court proceedings to compel arbitration, even when the FAA’s substantive provisions govern the arbitration clause.  Following Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, this decision holds that even if the arbitration clause appears in…