Waiver

In Barbosa v. Midland Credit Mgmt., No. 19-1896, 2020 U.S. App. LEXIS 37174 (1st Cir. Nov. 25, 2020), the First Circuit Court of Appeal affirmed referring a matter to arbitration. A resident of Massachusetts, Barbosa opened a credit card account with Barclays Bank Delaware ("Barclays") in April 2011. The last payment she made on the account was in November 2012.… 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 Ngo v. PMGI Financial, et. al., DARRIN NGO, 2018 WL 6618316, at *7–9 (N.D.Cal., 2018), Judge Spero held that a creditor's filing a superior court collection action did not prevent sending the matter to arbitration, but the debtor remained free to assert waiver to the arbitrator. Ngo contends that Defendants waived their right to demand arbitration by filing a… Read More

In Raczynski v. Daland Nissan, Inc. 2017 WL 603869, at *4–5 (Cal.App. 1 Dist., 2017), the Dealer got hit for $358,000 by a JAMS arbitrator.  The customer would not agree to a second arbitration under the RISC's clause allowing one if an award exceeded $100,000, and the trial court refused to order a second arbitration.  The Court of Appeal, in an… Read More

In Goodridge v. KDF Automotive Group, Inc., 2016 WL 142216, at *9-10 (Cal.App. 4 Dist., 2016) (unpublished), the Court of Appeal addressed Plaintiff's continued post-Sanchez fight against arbitration, finding that the standard form RISC was not unconscionable.  The Court of Appeal also found that that the Defendant's litigation conduct did not waive the right to assert it. We conclude Goodridge has not… Read More

In Davis v. CACH, LLC, 2015 WL 913392 (N.D.Cal. 2015), Judge Freeman referred an FDCPA class action to arbitration, finding that the claim was within the scope of the Arbitration, that Arbitration was not inconsistent with the enforcement mechanisms of the FDCPA, and that the Defendant had not waived arbitration by filing a collection action in state court.  Judge Freeman… Read More

In James v. Portfolio Recovery Associates, LLC, 2015 WL 720195 (N.D.Cal. 2015), Judge Whyte found that a debt collector sued in an FDCPA class action could enforce the arbitration clause to send the case to arbitration despite the fact that the debt collector already had sued the the debtor in state court on the debt. James brought this class action… Read More

In Barnes v. Bakersfield Dodge, Inc., 2014 WL 5392963 (Cal.App. 5 Dist. 2014), the Court of Appeal found in an unpublished decision that a previous order finding that a car dealer had waived its right to arbitrate a class-action plaintiffs’ claim did not mean that the car dealer had waived its right to arbitrate the claims of members of the… Read More

In Gonzalez v. Metro Nissan of Redlands, 2013 WL 4858770 (Cal.App. 4 Dist. 2013), an unpublished decision, the Court of Appeal entered the Sanchez fray, and came down on the side of enforcing the arbitration clause in the LawPrinting RISC.   "Because we have no guidance from the Supreme Court, and because we cannot rely on the decisions of our sister courts,… Read More

In Richards v. Ernst & Young, LLP, the Court of Appeals for the Ninth Circuit held in an employment case that the Defendant did not waive its right to compel arbitration by litigating the case during the years before the Supreme Court decided Concepcion.  The Plaintiff could not establish any prejudice from the delay in moving to compel -- one of… Read More