Arbitration | Sansanowicz Law Group

Defendant Waived Its Right to Compel Arbitration Because of Delay, Taking Actions Inconsistent with the Right to Arbitrate, and the Prejudice to Plaintiff.

Arbitration, Class Action, Wage and Hour

Garcia v. Haralambos Beverage Co., 2021 WL 22015 (Jan. 4, 2021) Defendant sought to compel Plaintiffs, truck drivers, to arbitrate their individual claims. The trial court denied the motion to compel, holding Defendant had waived its right to compel arbitration...

Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

Arbitration, Employee Classification, Non-compete, PAGA, Wage and Hour

Brown v. TGS Mgmt. Co., LLC, 57 CalApp5th 303 (Oct. 13, 2020) Plaintiff appealed the trial court’s confirmation of an arbitration award in Defendant’s favor. Relying on Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 and on Business & Professions Code section...

Carbajal v. CWPSC, Inc.

Arbitration

Arbitration Agreement Held Both Procedurally and Substantively Unconscionable, Multiple Unconscionable Terms Permeate the Agreement. Carbajal v. CWPSC, Inc. (Feb. 26, 2016) 245 Cal.App.4th 227 Defendant appealed an order denying its motion to compel arbitration. The...

Miranda v. Anderson Enterprises, Inc

Arbitration

“Death Knell” Doctrine Applies to PAGA Representative Actions. Miranda v. Anderson Enterprises, Inc. (October 15, 2015) 241 Cal.App.4th 196 As a condition of his employment, Plaintiff signed an arbitration agreement with a class and collective action waiver. Plaintiff...

Pinela v. Neiman Marcus Group, Inc

Arbitration, Wages

A Mandatory Arbitration Agreement With a Choice of Law Clause and a Clause Delegating Interpreting Authority to the Arbitrator Is Procedurally and Substantively Unconscionable.Pinela v. Neiman Marcus Group, Inc. (June 29, 2015) 238 Cal.App.4th 237Employer Neiman...

Khalatian v. Prime Time Shuttle, Inc.

Arbitration, Court of Appeal, FAA, Labor Code

The FAA Preempts the Labor Code Where an Arbitration Clause Provides for Arbitration of Controversies or Claims Arising Out of the Underlying Contract and the Party Seeking to Enforce Shows the Contract’s Subject Matter Involves Interstate Commerce. Khalatian v. Prime...