PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Arbitration Agreement
34 Cards On This Topic:

All wrongful death claimants are bound by arbitration agreements entered into per CCP 1295 when the language of the agreement manifests an intent to bind these claimants.

Arb. agreement, signed when D first treated P, applied to med mal claim re treatment for different condition 2 years later where agreement stated it was intended to bind patient and provider who now or in future treated patient.

Denial of motion to compel reversed where arb. clause in job application was enough to establish parties agreed to arbitrate; as D couldn't prove any agreement binding them to alternative procedures, arbitration governed by the CAA.

Order denying motion to compel reversed as arb. clause in employment application was enough to establish agreement to arbitrate employment-related disputes despite D's inability to produce an incorporated-by-ref. Arb. Policy.

D's petition to compel properly denied where arb. clause in lengthy employee handbook not called to P's attention, handbook stated it was not intended to create K, and could be amended unilaterally, and the arb. clause was unconscionable.

Trial ct. properly denied employer's motion to compel arbitration as P never signed, nor intended to sign, the agreement; there was no equitable estoppel nor implied-in-fact agreement.

Though P not judicially estopped from relying on MFAA to invalidate arbitration agreement, in filing malpractice suit against D he waived all rights he might have asserted.

Daughter suing for NIED re mother's elder abuse was not bound by arbitration agreement based on Ruiz v. Podolsky as neither medical malpractice nor wrongful death at issue.

Trial ct. properly denied sellers’ motions to compel their RE agents to arbitrate agents’ cross-claims for indemnification on ground agents were not bound to submit those claims to arbitration by purchase agrmt's arbitration clause.

Arbitration award for employer reversed where P was not required to submit his statutory, non-breach of K claims to arbitration under the terms of his employment contract, which superseded a previous, more inclusive arbitration agreement.

Where employment agreement did not provide clear and unmistakable evidence the parties intended to delegate authority to the arbitrator to decide whether the arbitration provision was unconscionable, it was for the court to decide.

Court erred by finding parties' arbitration agreement gave the arbitrator authority to decide the gateway issue of unconscionability or arbitrability where agrmt's language was conflicted and ambiguous on issue.

Ds' motion to compel arbitration granted where provision was clearly stated in risk retention insurance policy, and no law requires disclosing an arbitration provision in an application for such insurance.

By adopting FAA for K interpretation, parties did not displace procedural provisions of CAA as both use ••same•• interpretation principles: Under "plain meaning," Agrmt's choice-of-law provision requires CAA's procedural provisions.

Because CCP 1281.2(c) criteria satisfied, trial court did not misapply the law or abuse its broad discretion in refusing to enforce arbitration agreement to avoid possibility of conflicting rulings on common issues of law or fact.

Absent indicia that arbitration is limited to employee's claims against employer, using 'I agree' in arbitration clause that covers 'all disputes' creates mutual agrmt to arbitrate.

No valid agrmt to arbitrate where P received no direct warning there was an agrmt in Dispute Form; Form did not alert him he was agreeing to anything, let alone arbitration.

Employee handbook reference to arbitration requirement will not suffice to force arbitration where signed arbitration agreements are not produced in evidence.

Kaiser's petition to compel arbitration properly denied where arbitration disclosure not 'prominently displayed' on enrollment form as required by H&S 1363.1.

P's claims, based on allegedly unauthorized or improper communication of her medical records and information to her disability insurer by her treating physician, are covered by arbitration agreement.

Under Garrison, nursing home's motion to compel arbitration re elder abuse should have been granted where daughter had POA and signed KArb agreements on mother's admittance.

Order denying Ds' petition to compel reversed where operating agreements of parties' business entities required arbitration.

Under CA law, arbitration clause, stating that any dispute arising from or out of this agreement shall be submitted to arbitration, was broad enough to cover P's tort claims.

Action for bodily injury, w/in meaning of arbitration exclusion in residential purchase agreement, does not include claims for emotional distress and diabetes caused by emotional distress.

Reversible error to dismiss Law Firm's action for unpaid fees based on erroneous view dismissal was mandatory b/c Firm failed to give MFAA notice of client's right to arbitration; SJ for Firm should have been granted.

Per binding arbitration clauses signed by daughter as attorney in fact under durable power of attorney, deceased's damage claims against healthcare providers must be arbitrated.

Union and water dist.'s memorandum of understanding was not an agreement to arbitrate because it did not contain the "core component" of finality.

Arbitration agreement did not give College Dist. the unilateral power to determine arbitrability of faculty grievances and trial court properly granted Faculty Association's petition to compel arbitration.

Order finding dispute not arbitrable reversed where parties stated clear, unmistakable agreement arbitrator would decide issue when they incorporated into agreement the AAA Commercial Arb. Rules which specify same.

USAA would preempt statutory requirement or judicial holding that compliance with CCP 1298 is a condition precedent to enforcement of arbitration clause contained in residential purchase and related documents.

Because preliminary title report sufficiently incorporated arbitration clause by reference, P bound by agreement to arbitrate in title insurance policy.

Per collective bargaining agreement, union may compel employer to arbitrate employee complaint; Workers' Compensation Act not an exclusive remedy that would preclude arbitration.

Oral modification of written arbitration agreement is not specifically enforceable, and court erred in denying petition to compel arbitration before American Arbitration Association per written agreement.

Court properly denied PacifiCare's petition to compel arbitration where arbitration disclosure not "prominently displayed" per Health & Saf. Code §1363.1.