#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:
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
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
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
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,
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
Court of Appeal affirms order denying in-house fees to attorneys
GMSR partner Robert Olson will be a panelist at the upcoming LA County Bar Association’s Appellate Courts Section program, “Arbitration: A Favored Process?” on October 18, 2018, at 4:30 pm. The panel will discuss arbitration under federal and state law, reasons for using arbitration, the perceived risk
The trial court struck $12 million from a $14 million arbitration award, concluding that the parties did not submit to arbitration the issue that resulted in those damages. The court reached that conclusion by interpreting a series of contracts de novo and then using that
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