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A collective bargaining agreement will not be interpreted to require arbitration of statutory wage and hour claims unless the agreement clearly and unmistakably requires arbitration of those claims.  Here, the CBA did not meet that standard.  It required arbitration of only those issues that the union and employer later agreed to arbitrate.  Also, litigation of the statutory wage and hour… Read More

Following SEIU Local 121RN v. Los Robles Regional Medical Center (9th Cir. 2020) 976 F.3d 849, this decision holds that, at least with respect to delegation of arbitrability questions to the arbitrator, arbitration clauses in collective bargaining agreements are to be interpreted just like arbitration clauses in other types of contracts.  Arbitrability questions are determined by the court unless the… Read More

Wells Fargo's ERISA plan contained a forum selection clause, choosing the District of Minnesota, where the plan was administered.  This decision holds sthat the forum selection clause is enforceable.  ERISA allows a plan beneficiary three venues for bringing suit.  29 U.S.C. § 1132.  Wells Fargo clause specified one of them.  If Congress had meant to bar forum selection clauses in… Read More

When an attorney sues a client for attorney fees under an express or implied in fact contract for non-contingent fees that satisfies the requirements of Bus. & Prof. Code 6148, the attorney is entitled to the agreed fees even if they exceed a "reasonable fee" set by the lodestar plus multiplier method--so long as the fees and fee agreement are… Read More

This decision affirms dismissal of a complaint attacking three provisions of PayPal's standard contract.  First, the complaint alleged no breach of contract or the implied covenant by PayPal's placing 21-day holds on payments to plaintiff-sellers' accounts.  The agreement gave PayPal sole discretion in imposing holds.  And PayPal didn't breach the implied covenant of good faith because the complaint disclosed reasonable… Read More

The trial court erred in instructing the jury that a manufacturer remained liable on its limited new car warranty well after the mileage or temporal limits had expired so long as the defect had been reported during the warranty's duration and had not been "fixed."  Instead, CACI 3231 correctly summarizes Civ. Code 1795.6, which extends the warranty period only if… Read More

An arbitration clause that stated both parties waived the right to bring a class action, act as a private attorney general or join claims of other persons in arbitration or in court did not offend McGill.  At least given the 9th Circuit's view that the FAA preempts Broughton and Cruz, the arbitrator could award public injunctive relief since McGill makes… Read More

A release that ratepayers were required to sign in order to obtain a partial rebate of illegal water charges was enforceable.  The city did not fraudulently conceal facts from ratepayers.  Its FAQs said the partial refund was due to the statute of limitations barring claims for any greater refund and revealed that the overcharges had been assessed for a longer… Read More

The Motor Vehicle Franchise Contract Arbitration Fairness Act (15 USC 1226) creates a narrow exception to the Federal Arbitration Act, banning arbitration (without both parties' post-dispute consent) of claims arising from a motor vehicle franchise contract, which it defines to mean a contract under which the franchisee both sells and services motor vehicles.  Vehicle Code 11713.,3(g) contains the same terms… Read More

This decision affirms a judgment against the plaintiff holder of the first deed of trust on a Nevada dwelling that was foreclosed upon by the homeowners association for nonpayment of association dues.  The decision holds that the CC&R clause that expressly subordinated the association's lien for unpaid dues to the first deed of trust did not render the foreclosure sale… Read More

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