Arbitration
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Arbitration Appeals No Longer Stay Litigation
Orders denying petitions to compel arbitration have long been, and remain, immediately appealable. The California Supreme Court held long ago that such appeals automatically stay trial court proceedings. And the United States Supreme Court recently held that such a stay applies in federal courts as
Galarsa v. Dolgen California, LLC, S279021.
#23-90 Galarsa v. Dolgen California, LLC, S279021. (F082404; 88 Cal.App.5th 639; Kern County Superior Court; BCV-19-102504.) Petition for review after the Court of Appeal affirmed in part and reversed in part an order denying a petition to compel arbitration. The court ordered briefing deferred pending
Arbitration Appealability & Trial Court Strategy
There are many nuances when it comes to appealability of a trial court order on an arbitration award. Those nuances dictate how and when to seek appellate review. But it’s worth considering them earlier in the process too, so you can structure your trial court
Quach v. California Commerce Club, Inc., S275121.
#22-234 Quach v. California Commerce Club, Inc., S275121. (B310458; 78 Cal.App.5th 470; Los Angeles County Superior Court; 19STCV42445.) Petition for review after the Court of Appeal reversed an order denying a petition to compel arbitration in a civil action. This case presents the following issue:
Wing v. Chico Healthcare & Wellness Centre, LP, S274939.
#22-226 Wing v. Chico Healthcare & Wellness Centre, LP, S274939. (B310232; 78 Cal.App.5th 22; Los Angeles County Superior Court; BC719077.) Petition for review after the Court of Appeal affirmed an order denying a petition to compel arbitration in a civil action. Petition for review granted;
Sanchez v. MC Painting, S274780.
#22-225 Sanchez v. MC Painting, S274780. (D078817; nonpublished opinion; San Diego County Superior Court; 37-2020-00030754-CU-OE-CTL.) Petition for review after the Court of Appeal affirmed an order denying a petition to compel arbitration in a civil action. Petition for review granted; briefing deferred: 8/10/2022 “The court
The Ins and Outs of Arbitration Law – Virtual CLE
Please join GMSR partner Jeff Raskin, our resident arbitration expert, for his upcoming presentation on arbitration law, sponsored by the Beverly Hills Bar Association. Using a policy-driven and pop-culture inspired approach, Jeff will explain how to effectively handle petitions to compel arbitration and petitions to
Law Finance Group, LLC v. Key, S270798.
#21-519 Law Finance Group, LLC v. Key, S270798. (B305790; 67 Cal.App.5th 307; Los Angeles County Superior Court; 19STCP04251.) Petition for review after the Court of Appeal reversed the judgment in a civil action. This case includes the following issue: Does equitable tolling apply to the
GMSR’s Jeff Raskin authors article on using public policy against arbitration
Countless published cases invoke California’s public policy in favor of arbitration to justify everything from expansive interpretation of arbitration agreements to the extremely narrow scope of judicial review of arbitration awards. Less well-known are two doctrines that allow parties to use public policy against arbitration,
GMSR’s Robin Meadow authors article on successful navigation of judicial references
Judicial references are an attractive alternative to waiting behind the superior court’s Covid-19 backlog to get to trial. But there are traps for the unwary: Many practitioners do not know about some important legal aspects of references, and they often fail to appreciate what they
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