New CA Arbitration Case (Not Remembering is Not Good Enough)
- Know the New 2022 Cases to Win Your Cases in 2023.
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Forgetting Is Not Good Enough
When a defendant submits a signed arbitration agreement in support of its motion to compel arbitration, is it good enough for the plaintiffs to respond that they were given a bunch of documents and they don't remember ever signing an arbitration agreement? Last month, the First District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.
New CA Arbitration Decision
Iyere v. Wise Auto Group (2023) _ Cal.App.5th _ , 2023 WL 314122: The Court of Appeal reversed the trial court’s order denying defendant’s motion to compel arbitration of plaintiffs’ complaint alleging numerous employment claims including discrimination, harassment, retaliation and wrongful termination. The trial court denied the motion, concluding that defendant had failed to prove the authenticity of plaintiffs’ signatures on the arbitration agreement, and also concluding the arbitration agreement was procedurally and substantively unconscionable. The Court of Appeal disagreed. It concluded that plaintiffs did not offer any admissible evidence creating a dispute as to the authenticity of their signatures. Plaintiffs did not say in their declarations that they did not sign the arbitration agreement or that their signature was forged. Instead, they declared that they were given a lot of documents, asked to quickly sign them, and did not recall reading or signing any arbitration agreement. It also concluded that while plaintiffs had shown procedural unconscionability, they did not show any element of substantive unconscionability. The arbitration agreement stating that it was governed by the Federal Arbitration Act was not unconscionable, neither was the provision that allowed the defendant to choose between two arbitration providers. (C.A. 1st, January 19, 2023.)
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I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom and in-person hearings throughout California.
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Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
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