California Supreme Court Watch

Dec 21, 2020
#20-379 Conyer v. Hula Media Services, LLC, S264821.

#20-379 Conyer v. Hula Media Services, LLC, S264821. (B296738; 53 Cal.App.5th 1189; Los Angeles County Superior Court; BC718750.) Petition for review after the Court of Appeal reversed an order denying a motion to compel arbitration in a civil action and remanded with directions. This case includes the following issues: (1) Did the Court of Appeal err in severing some terms in the defendant employer’s mandatory employment arbitration agreement and remanding for arbitration under the remaining terms, or was the agreement permeated by unconscionability such that enforcement of the remaining terms would not be in the interests of justice? (2) Did Court of Appeal err in holding that the employee’s signature on a one-page employee handbook receipt and acknowledgment form, which made no reference to arbitration or to waiver of the right to pursue statutory employment law claims in court, constituted binding assent to arbitrate specified claims pursuant to the arbitration agreement?

Review granted: 12/16/2020

See the Court of Appeal Opinion.

The court ordered the issues to be briefed and argued in this case limited to the following: Did the Court of Appeal err by severing unconscionable terms from the arbitration agreement and ordering the agreement enforced? Did it err by doing so without determining whether the invalid provisions were included in the agreement in bad faith? (See Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 124–125, fn. 13.)

Issues ordered limited: 12/23/2020