Know More. Win More.
Published by Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Member of ABOTA Since 1995
California Trial Lawyer Since 1980
California attorneys can win more cases by always knowing the new published civil case law in their practice areas. California Case Summaries™ makes this easy by providing one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts in monthly issues, quarterly issues, annual issues, or all three.
Every year California courts publish about 400 new civil cases, and many of them significantly change the law!
Attorneys could spend hours of time (losing lots of billable hours) each month trying to keep up with the new cases.
Or, they can easily keep up with the new cases by subscribing to California Case Summaries™. Individual Attorney and Law Firm Unlimited (letting the firm send summaries to every lawyer) subscriptions are available.
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CALIFORNIA COURT OF APPEAL
Which party had the obligation to start the arbitration proceedings?
Arbitration
Arzate v. ACE American Insurance Company (2025) _ Cal.App.5th _, 2025 WL 309326: The Court of Appeal reversed the trial court’s order that reversed its earlier order granting defendant’s motion to compel and lifted the stay of litigation after neither of the parties took any action to initiate arbitration. The underlying action was a wage and hour action by employees against defendant employer. The arbitration agreements at issue required any person having employment related legal claims to submit them to arbitration. They also required the party who wanted to start the arbitration procedure to begin the process by filing a demand for arbitration. The trial court concluded that the defendant had the obligation to commence arbitration, which is why it lifted the litigation stay after no one initiated arbitration. The Court of Appeal disagreed and reversed the trial court, concluding that under the arbitration agreements the party wanting to assert a claim governed by the arbitration agreements had the obligation to commence arbitration. In this case that was the plaintiffs. Defendant did not breach the arbitration agreements or waive its right to arbitration by failing to submit the plaintiffs’ claims to arbitration. (C.A. 2nd, filed January 27, 2025, published February 19, 2025.)
Monty A. McIntyre, the publisher of California Case Summaries™, serves as a mediator, arbitrator and referee with ADR Services, Inc. handling business, employment, insurance, probate, real property and tort matters throughout California. To schedule a mediation with Monty McIntyre, contact one his case managers at ADR Services:
Haward Cho, [email protected],
Rachael Boughan, [email protected]
Phone: (619) 233-1323.
Free 3- Month Individual Attorney Subscription to CCS Monthly™:
When an attorney conducts one half-day or full-day mediation with Monty McIntyre they will get a free 3-month Individual Attorney subscription (a $450 value) to California Case Summaries Monthly™. This subscription helps attorneys win more cases by always knowing the new civil case law in their practice areas.
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"California Case Summaries™ is an indispensable tool for lawyers in every specialty and practice area. Monty's case summaries are concise explanations that puts each opinion in context."
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