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…

Portland General Electric Co. v. Liberty Mut. Ins. Co.

By choosing arbitration under the International Chamber of Commerce rules, the parties clearly delegated to the arbitrator questions regarding the scope of the arbitration clause including whether it allowed impleader of a claim against a surety that was not a party to the arbitration clause.  By choosing to arbitrate under the ICC (International Chamber of…

Bayer v. Neiman Marcus Group, Inc.

District court erred in dismissing plaintiff’s employment discrimination suit even though it had become moot, since plaintiff could still receive nominal damages and have his dignity interest vindicated even though he no longer worked for employer.  After waiting six years for the EEOC to issue a right to sue letter, plaintiff sued Neiman Marcus for…

Hutcheson v. Eskaton Fountainwood Lodge

Committing a senile elderly person to a residential care facility is a “health care” decision, so only a person holding a health care power of attorney may make that decision for the elder; as a result, a facility’s arbitration agreement signed by an agent with only a regular power of attorney was not binding.  California…

Heimlich v. Shivji

Entry of an arbitration award does not deprive the arbitrator of jurisdiction to enter a later supplemental award of costs under CCP 998, nor does CCP 1281.4’s general rule that each party bear a pro rata share of arbitration costs bar such an award.  CCP 998 was amended in 1997 to allow arbitrators to award…

Kindred Nursing Centers, LP v. Clark

The Federal Arbitration Act preempts Kentucky’s rule invalidating an arbitration clause entered into by an attorney-in-fact unless the power of attorney specifically authorizes the attorney-in-fact to enter into an arbitration agreement.  The FAA preempts Kentucky’s rule invalidating an arbitration clause entered into by an attorney-in-fact unless the power of attorney specifically authorizes the attorney-in-fact to…

Garcia v. Pexco, LLC

Arbitration clause in employee’s contract with staffing agency could be enforced by the employer to whom the staffing agency assigned him, because plaintiff’s claims arose out of his employment contract and were intimately intertwined with it, thus estopping him from asserting the employer was not a party to the agreement.  This decision affirms an order…

McGill v. Citibank, N.A.

A waiver of the right to seek injunctive relief in court to prevent violations of California’s Consumer Legal Remedies Act, Unfair Competition Law, or False Advertising Law is unenforceable under California law, and the Federal Arbitration Act does not preempt California law in that respect.  This decision reaffirms Broughton v. Cigna Healthplan of California (1999)…