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Arbitration Law
Francisco Marenco v. DirecTV, LLC

In this putative class action, plaintiff Francisco Marenco contends that defendant DirecTV LLC violated state wage and unfair competition laws. (Lab. Code, § 212; Bus. & Prof. Code, § 17200 (UCL).) DirecTV moved to compel arbitration as the successor to an arbitration agreement between Marenco and his previous employer, 180 Connect, Inc., which was acquired by DirecTV. The trial court granted th... More...   $0 (02-05-2015 - CA)

Avery Richey v. Autonation, Inc.

An employer terminated an employee who was absent on approved medical leave, but engaged in outside employment in violation of company policy. After an 11-day arbitration hearing, the arbitrator relied on the federal ―honest belief‖ defense and rejected the employee‘s claim that the employer violated the employee‘s right to reinstatement under the Moore–Brown–Roberti Family Rights Act ... More...   $0 (01-29-2015 - OK)

William S. Cobb, Jr. v. Ironwood Country Club

Ironwood Country Club (Ironwood or the Club) appeals from an order denying its motion to compel arbitration of the declaratory relief action brought by plaintiffs William S. Cobb, Jr., and Elizabeth Richards, who are former members of Ironwood, and Patrick J. Keeley and Helen Riedstra, who are current members. The motion to compel was based on an arbitration provision Ironwood incorporated into it... More...   $0 (01-28-2015 - CA)

Karan Eriksson v. Kristi Nunnink

In 2006, Mia Eriksson was a 17-year-old equestrian eventing competitor and the daughter of plaintiffs and appellants, Karan and Stan Eriksson.1 Defendant and respondent, Kristi Nunnink, was Mia‟s riding coach. In November 2006, Mia‟s horse struck a hurdle during the cross-country portion of an event at Galway Downs in Temecula. With the Erikssons looking on, Mia fell off her horse and the hors... More...   $0 (01-27-2015 - CA)

J. Frank Burdick v. Horner Townsend & Kent, Inc.

¶ 1 Disappointed investors filed suit against their investment agent, Jeffrey Campbell, and his former employer,
Opinion of the Court
Hornor, Townsend & Kent, Inc. (HTK), alleging that Mr. Campbell and HTK were liable for losses sustained in an investment scam. Mr. Campbell pleaded guilty to the sale of unregistered securities related to the investment... More...
   $0 (01-23-2015 - UT)

Glenda McGibbon v. Farmers Insurance Exchange

¶1 Glenda McGibbon appeals from a district court order
compelling her to arbitrate her claims against her insurance
company, Farmers Insurance Exchange (Farmers). We conclude that
we lack jurisdiction to consider her appeal and therefore dismiss it
without ruling on its merits.
¶2 Ms. McGibbon filed this lawsuit after being injured in an
automobile accident... More...
   $0 (01-23-2015 - UT)

Stephanie Cruise v. Kroger Co.

Defendants and appellants Kroger Co., Kroger Manufacturing, Compton Creamery, Keith Oldenkamp, Steve Kuebbing, Jesse Turner, Keith Henry, Jill McIntosh and Tony Ramirez (sometimes collectively referred to as Kroger or the Kroger defendants) appeal an order denying their motion to compel arbitration of an employment discrimination action filed by plaintiff and respondent Stephanie Cruise (Cruise).1... More...   $0 (01-20-2015 - CA)

Jack M. Garrison v. Sagepoint Financial, Inc.

Mark M. Garrison was a licensed investment advisor and co-owner of a financial advice firm, Acumen Financial Group Inc. In 1999, Mark1 entered into an independent contractor agreement with AIG Financial Advisors Inc. to act as a
registered securities representative (stockbroker). In 2002, Mark's grandparents Jack
and Charlotte Garrison established the Garrison Family LLC. In 2006, Jack and... More...
   $0 (01-15-2015 - WA)

Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“A party may appe... More...
   $0 (01-15-2015 - TX)

Elizabeth Montano v. The Wet Seal Retail, Inc.

The Wet Seal Retail, Inc. (Wet Seal) appeals from the denial of its motion to
compel arbitration of this wage and hour action brought by employee Elizabeth Montano.
Wet Seal also challenges the grant of Montano’s motion to compel discovery responses.
We affirm the order denying the motion to compel arbitration and dismiss the challenge
to the discovery order as nonappealable.More...
   $0 (01-13-2015 - CA)

Symetra Life Insurance company v. Rapid Settlements, Limited

After nine years of litigation and a prior appeal to this court, three house-keeping items are presented in this appeal: attorneys’ fees, damages, and the scope of injunctive relief. Appellants Symetra Life Insurance and Symetra Assigned Benefits Service (collectively “Symetra”) appeal the district court’s refusal to award attorneys’ fees under the Texas and Washington State Structured S... More...   $0 (12-23-2014 - TX)

Mesa Shopping Center-East, LLC v. Robert O. Hill

“[T]he party prevailing on the contract” in a breach of contract action is entitled to recover reasonable attorney fees if the contract “specifically provides” for such recovery. (Civ. Code, § 1717, subd. (a); see Code Civ. Proc., § 1033.5, subd. (a)(10)(A).) But “there shall be no prevailing party” if “an action has been voluntarily dismissed” (Civ. Code, § 1717, subd. (b)(2)),... More...   $0 (12-23-2014 - CA)

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.
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
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
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)

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