PRETRIAL ADJUDICATION
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Contract Arbitration
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Opposing Arbitration
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Party Is Not Signatory
............Non-signatory Principals
8 Cards On This Topic:
D trustee cannot compel P, another beneficiary, to arbitrate trust issues where P was not a signatory to the arbitration agreement — arbitration clause in trust document cannot bind a beneficiary.
K nonsignatories sued as alter egos of corporate D entitled to enforce arbitration clause as to all the claims, either under alter ego theory or equitable estoppel.
Trial court erred in granting talent agency’s petition to compel arbitration re commission payments where Walter Matthau's son and successor to his rights not party to agreements under which agency sought arbitration.
Statutory agent contracting for medical treatment on behalf of principal has necessary authority to agree to arbitration.
Trial court properly denied nursing home's petition to compel arbitration where H signed agreement when admitting W: No express or implied agency created by W, and no statutory authority for H to act on her behalf.
Arbitration cannot be compelled when the only plaintiff before the court never agreed to arbitrate, despite other potential class members signing arbitration agreement.
Surety bound by arbitration requirement in K between P and D by provision in performance bond incorporating K by reference.
Agent-husband contracting for mutual HMO coverage had implied authority to bind wife to arbitrate her claim for his death.