Recent Cases of Interest*

Perez v. Kaiser Foundation Health Plan, Inc. (May 16, 2023) - Cal. 1st Dist., Div. 3 (A165140) - Partially Published

[Arbitrator does not have ongoing obligation to disclose “results” of arbitrations involving parties or their counsel that were pending and disclosed at time of initial appointment]

Sitrick Group, LLC v. Vivera Pharmaceuticals (March 30, 2023) - Cal. 2nd Dist., Div. 2 (B317546) - Published

[Arbitrator Disclosure Obligations Concerning Multiple Non-Consumer Engagements Involving Same Parties and/or Counsel]

Piplack v. In-N-Out Burgers (March 7, 2023) - Cal. 4th Dist., Div. 3 (G061098) - Published

[Compelled Arbitration of Individual PAGA Claims Does Not Destroy Standing To Maintain Representative PAGA Claims. Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 Does Not Overcome Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73]

Gostev v. Skillz Platform, Inc. (February 28, 2023) - Cal. 1st Dist., Div. 2 (A164407) - Published

[Sophistication of Parties Is a Key Factor in Deciding Whether Incorporation of Provider Rules Constitutes “Clear and Unmistakable” Delegation of Arbitrability Issue to Arbitrator]

Hang v. RG Legacy I, LLC (February 8, 2023) - Cal. 4th Dist., Div. 3 (G061265) - Published

[Lack of Funds to Pay for Arbitration; Motion to Compel Denied In Absence of Moving Party’s Agreement to Pay All Arbitration Fees & Costs - Roldan Analysis. Published by Order dated March 7, 2023]

JPV I L.P. v. Koetting (February 7, 2023) - Cal. 1st Dist., Div. 3 (A163491) - Published

[CCP 187 Amendment of Judgment Confirming Arbitration Award; Preclusive Effect of Arbitrator’s Findings]

Hill v. Xerox Business Services (February 3, 2023) - 9th Cir. (20-35838) - Published

[Waiver of Right to Compel Arbitration - Ninth Circuit Test Stated & Discussed]

In re McDonald’s Corporation Stockholder Derivative Action (January 25, 2023) - Del. Chancelry Court (2021-0324-JTL) - Published

[Corporate Officers Owe Same Fiduciary Duty of Oversight as Directors Under Delaware Law]

Fleming v. Oliphant Financial, LLC (January 31, 2023) - Cal. 1st Dist., Div. 1 (A165837) - Published

[Failure to Establish Existence of Agreement to Arbitrate re: Credit Card Dispute]

Murrey v. Superior Court (January 30, 2023) - Cal. 4th Dist., Div. 3 (G061329) - Published

[Pre-Dispute Employment Arbitration Agreement Found Unconscionable and Not Enforced]

Hernandez v. Meridian Management Services, LLC (January 30, 2023) - Cal. 2nd Dist., Div. 8 (B312814) - Published

[Effort by Non-Signatories to Enforce Arbitration Agreement DENIED]

Aisha Darby v. Sisyphian, LLC (January 26, 2023) - Cal. 2nd Dist., Div. 2 (B314963) - Partial Publication

[Timing of Petitions to Confirm or Vacate Arbitration Award]

Scrapit, LLC v. Del Angelo Recycling Corporation (January 25, 2023) - Cal. 2nd Dist., Div. 1 (B313691) - Unpublished

[Calculation of Damages in Partnership Dispute]

Honor Finance, LLC v. Spireon, Inc. (January 20, 2023) - Cal. 4th Dist., Div. 3 (G061171) - Unpublished

[Formation of Agreement to Arbitrate in Internet-Based Transactions]