New CA Arbitration Case

 

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 


Arbitration

A regular issue before the California courts is whether a new U.S. Supreme Court decision has overruled the California Supreme Court decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Last month, the Second District Court of Appeal published a new case addressing whether recent U.S. Supreme Court decisions have overruled Iskanian regarding Private Attorney General Act (PAGA; Labor Code, section 2699 et seq.) cases in California. A brief video discussing the case is above and my summary of the case is below.

New Arbitration Decision 

Wing v. Chico Healthcare & Wellness Centre (2022) _ Cal.App.5th _ , 2022 WL 1261452: The Court of Appeal affirmed the trial court's order denying defendant's motion to compel arbitration of plaintiff's Private Attorneys General Act (PAGA; Labor Code, section 2699 et seq.). The Court of Appeal concluded that two recent United States Supreme Court cases — Epic Systems Corp. v. Lewis (2018) __ U.S. __ [138 S.Ct. 1612] and Kindred Nursing Centers Ltd. Partnership v. Clark (2017) __ U.S. __ [137 S.Ct. 1421] — did not impliedly overrule the California Supreme Court decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. (C.A. 2nd, April 28, 2022.)


Mediation, Arbitration and Referee Services

I help attorneys and their clients as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.  


California Case Summaries™

Since 2012, I've helped many California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries™ with short summaries (one paragraph), organized by legal topic, of every new CA civil case published in monthly, quarterly and annual subscription editions. My publications are available to a limited number of subscribers, giving them a competitive advantage, and are periodically opened to new subscribers. Subscribers save time, win more, and make more money.
 
Join Our Email List: To get on our email list to find out when we'll next make new subscriptions available, and to get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021click here. 


Lawyer Master Mentoring Services

Lawyers (whether new or experienced) can rapidly create their dream law practices with the help of a master mentor who can help them think deeply, focus on what is essential, avoid distractions, develop their skills, avoid mistakes, answer their questions, and continuously improve their organization and systems. I offer an online video course and individual sessions to provide this much needed master mentoring to attorneys. For my lawyer master mentoring services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.


 

Until my next blog post, stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]

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