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Court/Arbitrator Questions

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Jack v. Ring Llc, Nos. A165103, A165386, 2023 Cal. App. LEXIS 417 (Ct. App. May 25, 2023)

Following Ajamian v. CantorCO2e, LP (2012) 203 Cal.App.4th 771, this decision holds that an arbitration agreement does not clearly and unambiguously delegate arbitrability questions to the arbitrator if the otherwise clear, broad delegation clause is contradicted by a severance provision that recognizes the possibility that a court may determine the arbitration clause or a part of it to be unenforceable. … Read More

L.A. Coll. Faculty Guild Local 1521 v. L.A. Cmty. Coll. Dist., No. B313085, 2022 Cal. App. LEXIS 806 (Ct. App. Sep. 21, 2022)

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.  A broad arbitration provision in a collective bargaining agreement … Read More

Trinity v. Life Ins. Co. of N. Am., No. B312302, 2022 Cal. App. LEXIS 443 (Ct. App. May 17, 2022)

Despite a broadly worded delegation clause, a court must always decide whether the parties entered into an arbitration agreement.  And, when the defendant appeals from a trial court's decision that it did not satisfy its burden of proving the existence of an arbitration agreement, the appellate court only asks whether the appellant’s evidence was (1) “uncontradicted and unimpeached” and (2)… Read More

Mendoza v. Trans Valley Transp., No. H044372, 2022 Cal. App. LEXIS 170 (Ct. App. Feb. 4, 2022)

By failing to raise, in its opening memo on the motion to compel arbitration, the fact that the arbitration agreement contained a delegation clause that provided for the arbitrator to decide arbitrability issues, the defendant waived its right to rely on the delegation clause, and the court properly decided the arbitrability issues.  Waiting to raise delegation until the reply memo… Read More