Arbitration Law
 
Aerotek, Inc. v. Johnson Group Staffing Company, Inc., Porter Scott, P.C., Real Party in Interest

California’s Uniform Trade Secrets Act allows courts to award reasonable attorney
fees and costs to the “prevailing party” in certain cases involving bad faith claims. (Civ.
Code, § 3426.4.)1
The issue here concerns the ownership of fees awarded under this
statute. Is the prevailing litigant (here, The Johnson Group Staffing Company, Inc.) or
the prevailing litigant’s attorney... More...
   $0 (09-19-2020 - CA)

Joseph Mejia v. DACM, Inc.

Defendant DACM, Inc. (Del Amo), a motorcycle dealership, moved to
compel arbitration of a customer’s claims Del Amo violated various consumer protection
statutes when it sold the customer a motorcycle. The trial court denied Del Amo’s
petition to compel arbitration, finding the arbitration provision was unenforceable under
McGill v. Citibank, N.A. (2017) 2 Cal.5th 945 (McGill) beca... More...
   $0 (09-16-2020 - CA)

Wilfred Rivera v. Robert Shivers





Arbitration is a recognized method of dispute resolution created by one of
two means – contract or statute. The differences are important. Here we are called upon
to determine whether an arbitration originally statutory in nature morphed into a
contractual ... More...
   $0 (09-04-2020 - CA)

Neal Moritz v. Universal City Studios, LLC.

Over the course of approximately 16 years, respondents
Neal Moritz and Neal H. Moritz, Inc. (collectively, Moritz) worked
for appellants, Universal City Studios LLC and its wholly-owned
subsidiary, FFSO Productions LLC (collectively, Universal),
rendering services as a producer for the film The Fast and the
Furious (Universal Pictures 2001) and several sequels thereto
(coll... More...
   $0 (09-03-2020 - CA)

Michael Conyer v. Hula Media Services, LLC

An employee signed an acknowledgment of receipt of the
employee handbook. In it, he agreed he was bound by the
provisions of the handbook, and it was his responsibility to read
and familiarize himself with all its provisions. The handbook
contained an agreement to arbitrate disputes. The employer did
not highlight or otherwise call the employee’s attention to the
arbitratio... More...
   $0 (08-28-2020 - CA)

Stephanie Clifford v. Donald J. Trump, et al.





Los Angeles, CA - Stephanie Clifford, a/k/a "Stormy Daniels" sued Donald J. Trump, Essential Consultants, LLC and Michael Cohen seeking declaratory relief and for defamation against Cohen.

Plaintiff claimed that she was in an intimate relationship with Trump i... More...
   $44100 (08-23-2020 - CA)

Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC

Appellant Golden State Warriors, LLC (GSW) challenges the trial
court’s judgment confirming an arbitration award. The arbitration concerned
the meaning of the word “terminates” in section 6.4 of the agreement
governing the basketball team’s use of the Oracle Arena in Oakland,
California (the License Agreement). On appeal, GSW argues that “allowing
[the] contract to expire by it... More...
   $0 (08-21-2020 - CA)

CUYAHOGA COUNTY v. UNITED AUTOWORKERS REGION : 2-B, LOCAL 70, CORRECTION OFFICER CORPORALS’ BARGAINING : UNIT








Defendant-appellant, United Autoworkers Region 2-B, Local 70,
Correction Officer Corporals’ Bargaining Unit (“the Union”), appeals an order
vacating an arbitration award of suspension and reinstatement without back pay on<... More...
   $0 (08-15-2020 - OH)

People for the Ethical Operation of Prosecutors and Law Enforcement v. Todd Spitzer, as District Attorney, etc.

This appeal is from a dismissal following a sustained demurrer in plaintiffs’
taxpayer suit against the Orange County District Attorney and the Orange County Sheriff.
The complaint seeks injunctive relief to prohibit the operation of an alleged unlawful
confidential informant program (CI program). The trial court ruled that plaintiffs, who
are residents and taxpayers of Orange Coun... More...
   $0 (08-13-2020 - CA)

MATTHEW TYE, et al. v. T. JEFFREY BEAUSAY, et al.







{¶ 4} This is the second time this case has been before us. The first appeal
involved a summary judgment granted on whether an attorney-client relationship existed
between the Tye brothers and Beausay. See Tye v. Beausay, 2017-... More...
   $0 (08-08-2020 - OH)

Diane Holley, Individually and as Conservator, etc. v. Silverado Senior Living Management, Inc.





Defendants Silverado Senior Living Management, Inc., and Subtenant 350
W. Bay Street, LLC dba Silverado Senior Living – Newport Mesa (collectively Silverado
or defendants) appeal from the trial court’s order denying its petition to co... More...
   $0 (08-08-2020 - CA)

Helene Storm v. The Standard Fire Insurance Company

This appeal emanates from an underinsured motorist arbitration
between appellant Helene Storm and her insurer, respondent the
Standard Fire Insurance Company (Standard Fire). During the
pendency of arbitration, Storm served a Code of Civil Procedure section
998 offer to compromise her claim,
1 which Standard Fire did not accept.
Following a two-day hearing, the arbitrator a... More...
   $0 (07-26-2020 - CA)

Jose Torrecillas v. Fitness International, LLC

Jose Torrecillas agreed with his employer, Fitness
International, to arbitrate claims. Instead Torrecillas sued in
court. When Fitness moved to compel arbitration, the trial court
deemed the agreement unconscionable. But there was little or no
unconscionability of any sort. Fitness encouraged Torrecillas to
consult a lawyer and their agreement included a term allowing
amend... More...
   $0 (07-23-2020 - CA)

Taraun Collie v. The Icee Company

The Icee Company and J & J Snack Foods Corp. (collectively, Icee) appeal the
trial court’s order denying their motion to compel arbitration of a dispute with a former
employee. The employee, Taraun Collie, alleged a single cause of action against Icee
2
under the Private Attorneys General Act of 2004 (PAGA). (Lab. Code, § 2698 et seq.)1
We hold that under Iskanian v. CLS Transp... More...
   $0 (07-21-2020 - CA)

STEFANI CRIDER v. GMRI, INC., D.B.A., THE CAPITAL GRILLE, ET AL













Crider applied for a position with Capital Grille in 2016. Documents
contained within the applicant tracking system indicate that Crider re... More...
   $0 (07-20-2020 - OH)

Joseph Martinez v. Baronhr, Inc.

What if neither party to an arbitration agreement places
initials next to a jury waiver contained in the agreement, even
though the drafter included lines for their initials? On the facts of
this case, we conclude the lack of initials is of no legal
consequence.
Here, when appellants BaronHR, Inc., BaronHR, LLC,
Fortress Worldwide, Inc. and Luis Perez (collectively BaronHR)... More...
   $0 (07-09-2020 - CA)

Sofia Wilton Barriga v. 99 Cents Only Stores, LLC

Plaintiff Sofia Wilton Barriga filed this lawsuit against 99 Cents Only Stores LLC,
(99 Cents) on her own behalf and on behalf of similarly situated current and former
nonexempt employees of 99 Cents hired before October 1, 1999, and who worked the
graveyard shift after January 1, 2012, until the conclusion of her lawsuit, pleading various
Labor Code violations and violation of the... More...
   $0 (06-28-2020 - CA)

Sofia Wilton Barriga v. 99 Cents Only Stores, LLC

Plaintiff Sofia Wilton Barriga filed this lawsuit against 99 Cents Only Stores LLC,
(99 Cents) on her own behalf and on behalf of similarly situated current and former
nonexempt employees of 99 Cents hired before October 1, 1999, and who worked the
graveyard shift after January 1, 2012, until the conclusion of her lawsuit, pleading various
Labor Code violations and violation of the... More...
   $0 (06-28-2020 - CA)

Yassin Olabi v. Neutron Holdings, Inc.

The Legislature enacted the Private Attorney General Act in
September 2003 after determining that law enforcement agencies lacked the
resources to enforce adequately California’s labor laws. (Iskanian v. CLS
Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 379.) In a PAGA
action, an aggrieved employee—acting as a proxy for state enforcement

1 Undesignated statutory r... More...
   $0 (06-23-2020 - CA)

Trilogy Plumbing, Inc. v. Navigators Specialty Insurance Company

In this insurance bad faith action, defendant Navigators Specialty Insurance
Company (Navigators) appeals from the order denying its special motion to strike under
California’s anti-SLAPP statute, Code of Civil Procedure section 425.16.1
(All statutory
references are to the Code of Civil Procedure unless otherwise specified.) Plaintiff
Trilogy Plumbing, Inc. (Trilogy) alleged ... More...
   $0 (06-19-2020 - CA)

California Union Square, L.P. v. Saks & Company, LLC

This matter comes to this court after landlord/appellant California
Union Square L.P. (Union Square) and tenant/respondent Saks Company
L.L.C. (Saks) participated in two arbitration proceedings regarding the rent
Saks should pay for a building it leased from Union Square. The trial court
vacated the first arbitration award (in favor of Union Square) and confirmed
the second arb... More...
   $0 (06-12-2020 - CA)

John Farina v. Savwcl III, LLC

A funnel hovered over the American West. Into the large
end went investor dollars and investor dreams. Out the little end
streamed dollars into Las Vegas, where a Nevada intermediary
made loans to Nevada land developers who had high hopes for big
projects. The funnel channeled over $40 million in 2006 and
2007. But remember what happened next: the subprime
meltdown. The inv... More...
   $0 (06-11-2020 - CA)

JACALYN SCHARF, P.O.A. FOR LOUISE KOVACH - vs - MANOR CARE OF WILLOUGHBY, OH, LLC, et al.,

On March 8, 2019, a complaint was filed against defendants-appellants by
plaintiff-appellee, Jacalyn Scharf (“Ms. Scharf”), P.O.A. for Louise Kovach (“Mrs.
Kovach”). Ms. Scharf, as power of attorney for Mrs. Kovach, brought claims against
appellants for nursing home neglect, negligence, civil assault, and wanton misconduct.

More...   $0 (06-08-2020 - OH)

CITY OF BROOK PARK v. FRATERNAL ORDER OF POLICE, LODGE #15

In February 2017, plaintiff-appellee city of Brook Park (“the city”)
passed Ordinance No. 10064-2016 that amended Chapter 153.06 of the Brook Park
Codified Ordinances to provide hospitalization and/or medical insurance benefits
to a group of retired employees in an amount that equated to $100 per month. In
response, FOP filed a grievance challenging the ordinance. FOP claimed that ... More...
   $0 (05-31-2020 - OH)

SHANNON THOMAS v. HYUNDAI OF BEDFORD, ET AL.

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On December 15, 2017, Thomas signed an arbitration agreement with
his then-employer, Migdal 1, ... More...
   $0 (05-31-2020 - OH)

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