Under Lab. Code 925(a)(1), an employer may not require an employee to agree to adjudicate in another state a dispute arising in California. This decision holds that the provision does not prohibit a court or arbitrator in another state from adjudicating whether section 925 applies. Here, Zhang was a full partner of Dentons, so there was ample room for questioning… Read More
Under 9 USC 201 et seq. governing foreign arbitrations, federal courts have subject matter jurisdiction to enforce arbitrator-issued subpoenas served on US residents. The subpoena enforcement action may be filed in any district court where venue is proper under 28 USC 1391, the general venue statute, or 9 USC 204, which allows--but does not require--suit in the district in which… Read More
The trial court in San Francisco abused its discretion in denying defendant's motion to transfer this wrongful death case to San Diego where the accident occurred and most witnesses reside. The fact that the Legislature authorized remote trial testimony through July 2023 is not a favor that the trial court could properly invoke to ignore the fact that most witnesses… Read More
Under CCP 400, a mandate petition attacking an order denying a motion to change venue must be filed within 20 days after service of notice of judgment (plus 5 days if service is by mail). Here, the clerk served the challenged order by mail on May 12. The last day to file the petition was 25 days later, or Monday,… Read More
The general rule under CCP 395 is that the county of the defendant's residence is the only proper venue in which to bring a suit against him or her. However, CCP 395(a)'s second sentence also allows suit to be brought in the county in which injury to person or personal injury occurs. This decision explains that to qualify as an… Read More
This decision affirms denial of the employer-defendant's motion to compel arbitration under an agreement that delegated arbitrability questions to the arbitrator. The arbitration agreement and its delegation clause were both unconscionable for the same reasons. Procedurally, the agreement was presented as an adhesion contract that employees had to sign to retain employment. Also the agreement was nine pages of 10… Read More
A PAGA suit under Lab. Code 2988 may be brought against the employer in any county in which an aggrieved employee worked and a Labor Code violation was allegedly committed. The private plaintiff need not bring the action in the county in which he worked or where the violations against him occurred. Read More
A defendant, against whom a district attorney had filed an unfair competition action, was not entitled to a transfer of the case to a “neutral” county—i.e., a county other than the DA’s county. Read More
Clear error, alone, is insufficient grounds for the Ninth Circuit to issue a writ of mandate; substantial prejudice must also be shown. Read More
Courts have the discretion to transfer venue of a case filed in the wrong venue at any time and are not bound by the time limits in the separate statute that governs mandatory venue transfers. Read More
An action for civil penalties under Proposition 65 must be brought in the county in which the claim arose. Read More
For purposes of the venue statute governing patent cases, a corporation “resides” only in its state of incorporation. Read More
