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In Espinoza v. Superior Court, No. B314914, 2022 Cal. App. LEXIS 816, at *10-17 (Ct. App. Sep. 27, 2022), the Court of Appeal found that the defendant's failure to pay an arbitrator's invoice within 30 days barred arbitration, period, even if no prejudice or if there was substantial compliance.  The Court of Appeal stated. The parties do not dispute that… Read More

In Gallo v. Wood Ranch United States, No. B311067, 2022 Cal. App. LEXIS 652, at *3-6 (Ct. App. July 25, 2022), the Court of Appeal addressed the effect of late payment of arbitration fees under the penalties provided for by Civil Procedure Code sections 1281.97 and 1281.99, which obligate a company or business who drafts an arbitration agreement to pay… Read More

The California Legislature enacted SB 708, effective January 1, 2020, as a further attack on arbitration in California.  SB 708 states, in part, that: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the… Read More

In Freeman v. Smartpay Leasing, LLC, 2018 WL 467390, at *1–2 (M.D.Fla., 2018), Judge Presnell deemed a defendant in default for failing to pay JAMS' fees when JAMS classified the arbitration as a "consumer" arbitration that required the defendant to bear almost all of the fees. The Arbitration Agreement gave Freeman the option of choosing between two arbitral fora—the American… Read More