Representative Cases
- Mediator entered judgment on oral settlement agreement. Issue was whether mediator had the power to do so under the statute.
- Action was dismissed as time barred. Issue was whether the limitations period was rolled while the case was in arbitration.
- Nursing home resident sued nursing home for elder abuse. Issue was whether HCPOA gave resident’s daughter authority to agree to arbitration.
- Homeowner prevailed in an arbitration against contractor. When homeowner petitioned to confirm the award, the trial court deleted the attorney’s fees awarded to homeowner by the arbitrator. Issue was whether the fees award was a proper subject of judicial review.
- Tenants brought action under residential lease. Issue was whether arbitration provision was unconscionable.
- Arbitrator ordered reinstatement of employee who had made threat of violence. Issue was whether arbitration award violated public policy.
- Student sued teacher and private school. Petition to compel arbitration denied. Issue was whether arbitration provision was unconscionable.
- Petition to compel arbitration of FEHA and Title VII action denied. Issue was whether a knowing waiver of the right to sue was required to validate arbitration agreement.
- Manufacturer sued developer for breach of noncompetition clause. Arbitrator issued a permanent injunction. Issue concerned whether it was for the court or for the arbitrator to consider modifications to the injunction.