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Arbitration Law
 
Ernesto Ruiz v. Moss Bros. Auto Group, Inc.

R. Rex Parris Law Firm, R. Rex Parris, Alexander R. Wheeler, Kitty Szeto, John M. Bickford; Lawyers for Justice and Edwin Aiwazian for Plaintiff and Respondent.
I. INTRODUCTION
Defendant and appellant, Moss Bros. Auto Group, Inc. (Moss Bros.), appeals from an order denying its petition to compel arbitration of the employment-related and putative
2
class action, representative, and ... More...
   $0 (12-23-2014 - CA)

Gilda Lappe v. Murray Lappe

This writ proceeding arises from a marital dissolution action brought by petitioner Gilda Lappe against her former husband and real party in interest Murray Lappe.1 The parties agreed to resolve their property and support issues through mediation, during which they purportedly exchanged certain financial disclosure declarations that are mandated by the Family Code. They also executed a marital set... More...   $0 (12-19-2014 - CA)

Chopra and Associates, P.A. v. U.S. Imaging, Inc.

Appellant Chopra and Associates, PA, sent appellee U.S. Imaging, Inc., (“USI”) a demand for arbitration after not receiving certain bonus payments allegedly owed under an agreement between the parties. USI subsequently filed suit seeking a declaratory judgment that the agreement under which appellant
sought arbitration was “never formed and was never in existence.” Appellant
moved ... More...
   $0 (12-18-2014 - TX)

Lennar Homes of California, Inc. v. Stella Stephens

The agreements between Lennar and Stephens and between Lennar and the Youngs contain identical indemnity clauses. In this lawsuit, Lennar attempts to enforce those indemnity clauses, seeking to recover attorney fees and costs incurred in defending a class action lawsuit, brought initially by Stephens, and later joined by Timothy Young—but not Melissa Young—in the United States District Court f... More...   $0 (12-18-2014 - CA)

Adriana Gianturco Saltonstall v. City of Sacramento

The Sacramento Kings, a professional basketball team, have played at the Sleep Train Arena (formerly called Arco Arena) since 1988. In January 2013, the team’s then owners entered into a tentative agreement to sell the Sacramento Kings to a group of investors in Seattle, Washington. Seeking to keep the team in Sacramento, the City of Sacramento (City) partnered with Sacramento Basketball Holding... More...   $0 (12-18-2014 - CA)

Sharon McGill v. Citibank, N.A.

Plaintiff and respondent Sharon McGill sued defendant and appellant Citibank, N.A. (Citibank) for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. Alleging claims under California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereinafter UCL), false advertising law (Bus. & Prof. Code, § 17500... More...   $0 (12-18-2014 - )

John Vernetti and Global Trustee Services, Inc. v. American-Indian Enterprises, Inc., et al.

John Vernetti and Global Trustee Services, Inc. (“Global Trustee”) appeal the trial court’s non-final order denying their motion to compel arbitration of a cross-claim filed by Appellees, America-Indian Enterprises, Inc. (“America-Indian”), Kumar Rajagopalan, and Joseph Archiprete.1 Vernetti and Global Trustee maintain that the cross-claim is arbitrable because it arose out of and is dir... More...   $0 (12-17-2014 - FL)

Hound Mounds, Inc. and Geoffrey Bodle v. Adrian Finch

The trial court stayed arbitration in a dispute between a Florida resident and a Texas corporation over a franchise agreement entered into between them. The court concluded that the entire agreement was void as against public policy. Appellees challenged the agreement as a whole, and not merely the arbitration provision. The law is clear that issues going to the validity of the entire agreement ar... More...   $0 (12-17-2014 - FL)

Joyce Flannery v. VW Credit, Inc.

Plaintiff and appellant Joyce Flannery filed a complaint which alleges that by virtue of defendant and respondent VW Credit, Inc.'s (VW) failure to comply with provisions of California's Vehicle Leasing Act (VLA) (Civ. Code, § 2985.7 et seq.), VW
2
violated California's Fair Debt Collection Practices Act (Civ. Code, § 1788 et seq.) (the Rosenthal Act) and California's Unfair Competition ... More...
   $0 (12-17-2014 - CA)

Hyundai Amco America, Inc. v. S3H, Inc.

Hyundai Amco America, Inc. (Hyundai Amco), and S3H, Inc. (S3H), entered into a subcontractor services agreement. Their agreement provided that disputes would be subject to arbitration. Hyundai Amco sued S3H for breaching the agreement, as well as for other related causes of action. S3H filed a motion to compel arbitration; the trial court denied the motion on the ground that S3H had failed to alle... More...   $0 (12-17-2014 - CA)

Germaine Judge v. Nijar Realty, Inc.

Plaintiff Germaine Judge appeals from an order vacating an interim arbitration award. Although an order vacating a final arbitration award is appealable under Code of Civil Procedure1 section 1294, subdivision (c), the order from which Judge appeals vacated a “clause construction award” that did not resolve the entire arbitration. Instead, the arbitrator’s award determined only, as a thresho... More...   $0 (12-17-2014 - CA)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m... More...
   $0 (12-16-2014 - CA)

Hamid Rashidi v. Franklin Moser

In professional negligence actions against health care providers, recovery of noneconomic damages is capped at $250,000. (Civ. Code, § 3333.2, enacted as part of the Medical Injury Compensation Reform Act of 1975 (MICRA).)1 In any action, liability for noneconomic damages is several only, so that defendants pay in proportion to their share of fault. (§ 1431.2, part of the Fair Responsibility Act... More...   $0 (12-15-2014 - CA)

J.B.B. Investment Partners, Ltd. v. R. Thomas Fair

R. Thomas Fair (Fair), Bronco RE Corporation (Bronco), BRE Boulevard LLC (Boulevard) and BRE Cameron Creek LLC (Cameron; collectively, defendants) appeal from a judgment following the trial court’s grant of a motion pursuant to Code of Civil Procedure section 664.6 by J.B.B. Investment Partners, Ltd. (JBB) and Silvester Rabic (collectively, plaintiffs) to enforce a settlement between plaintiffs ... More...   $0 (12-05-2014 - CA)

Safari Associates v. Alan Tarlov

Petitioner Safari Associates (Safari) and real party in interest Alan Tarlov
arbitrated a dispute pursuant to a written agreement. The arbitrator awarded Safari
damages, attorney fees, and costs. Safari petitioned to confirm the arbitration award in
the trial court. In response, Tarlov filed a motion to modify or correct the award on the
ground that the arbitrator acted in excess o... More...
   $0 (12-02-2014 - CA)

Riverside County Sheriff's Department v. Jan Stiglitz

Here we hold that when hearing an administrative appeal from discipline imposed on a correctional officer, an arbitrator may rule upon a discovery motion for officer personnel records, commonly referred to as a Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); Evid. Code, §§ 1043, 1045.) Evidence Code section 1043 expressly provides that Pitchess motions may be filed ... More...   $0 (12-01-2014 - CA)

Joca-Roca Real Estate, LLC v. Robert T. Brennan, Jr.

Federal law favors agreements to
arbitrate. Thus, when contracting parties provide that disputes
arising under a contract will be resolved by arbitration, federal
courts ordinarily will honor that choice. But arbitration clauses
are not set in cement: such clauses can be waived, either expressly
or through conduct. The court below found such a conduct-based
waiver and denie... More...
   $0 (12-01-2014 - ME)

Mitch Tomlinson v. NCR Corporation

¶1 Following his termination from NCR Corporation, Appellee
Mitch Tomlinson brought suit challenging his termination on a
variety of grounds. The district court dismissed most of Mr.
Tomlinson’s claims pursuant to rule 12(b)(6) of the Utah Rules of
Civil Procedure. Two of Mr. Tomlinson’s claims survived NCR’s
motion to dismiss: (1) wrongful termination in breach of anMore...
   $0 (11-25-2014 - UT)

Insurance Alliance v. Lake Texoma Highport, LLC and Bowood Partners, Limited

After its marina on Lake Texoma was damaged in a flood, Lake Texoma Highport, LLC sued its insurance broker, Insurance Alliance, and a London broker, Bowood Partners, Limited, because the policy in place at the time of the flood was not the policy Highport had requested. A jury returned a verdict in Highport’s favor. The trial court’s judgment ordered that Highport recover damages and attorney... More...   $0 (11-19-2014 - TX)

Conservatorship of the Person and Estate of Louise E. Townsend

In this dispute over title to real property, petitioner and respondent Nationstar Mortgage, successor in interest to Aurora Loan Services, LLC (hereafter, Lender),1 attempts to appeal from a judgment in favor of petitioner Barbara L. Gonzales, as conservator of the person and estate of Louise E. Townsend, following a trial before the Honorable Thomas F. Nuss, a retired superior court judge appoint... More...   $0 (11-17-2014 - CA)

Garden Fresh Restaurant Corporation v. Alicia Moreno

Real party in interest Alicia Moreno sued petitioner Garden Fresh Restaurant Corporation (Garden Fresh), her former employer, for claims related to a variety of alleged Labor Code violations. Moreno filed the action as a putative class action, and also pursued representative relief under the Private Attorney General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.).
Garden Fresh moved to compel ... More...
   $0 (11-17-2014 - CA)

Willis v. Prime Healthcare Services

Defendant, Prime Healthcare Services, Inc., appeals from a December 16, 2013 order denying its petition to compel arbitration and strike class claims. Plaintiff, Maucabrina Willis, cross-appeals from a December 16, 2013 order denying her Code of Civil Procedure section 128.71 sanctions motion. Plaintiff and defendant are subject to both individual and collective bargaining agreements. Defendant ar... More...   $0 (11-15-2014 - CA)

David S. Karton v. Dougherty

David S. Karton, A Law Corporation (Karton) sued its former client, William Russell Dougherty, for unpaid fees and costs. In 1999, Karton obtained a default judgment against Dougherty in the amount of $86,676.88, including an award of attorney fees pursuant to the parties’ retainer agreement. Karton thereafter pursued enforcement of the judgment and obtained awards of the attorney fees incurred ... More...   $0 (11-14-2014 - CA)

Overstock.com, Inc. v. Goldman Sachs & Co.

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally-listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their involvement in massive naked short selling of Overstock shares. The trial court sustained demu... More...   $0 (11-13-2014 - CA)

Brandon Alberts, et al. v. The Board of County Commissioners of Jefferson County, Colorado, et al.

Current and former employees (Employees) of the Jefferson County Sheriff’s
Office (County) brought a collective action under the Fair Labor Standards Act (FLSA),
alleging they were paid overtime at a lower rate than required by the statute during 2010,
2011, and 2012. The district court granted the County’s motion to dismiss the
Employees’ Third Amended Complaint and the Empl... More...
   $0 (11-13-2014 - CO)

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