Arbitration

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

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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 because it had unreasonably delayed in bringing the motion and had acted in a manner… Continue Reading Defendant Waived Its Right to Compel Arbitration Because of Delay, Taking Actions Inconsistent with the Right to Arbitrate, and the Prejudice to Plaintiff.

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

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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 16600, the Fourth Appellate District reversed the judgment on the grounds that… Continue Reading Arbitrator’s Failure to Void Non-Compete, Non-Solicitation Provisions Violated Employee’s Statutory Rights Under B&P § 16600.

Carbajal v. CWPSC, Inc.

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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 Fourth District Court of Appeal found the ruling was correct, as the agreement was sufficiently unconscionable, both procedurally (as a contract of… Continue Reading Carbajal v. CWPSC, Inc.

Miranda v. Anderson Enterprises, Inc

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“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 brought a wage and hour class action, including a claim under the Labor Code Private Attorneys General Act… Continue Reading Miranda v. Anderson Enterprises, Inc

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