AUTHOR*
Phyllis W. Cheng
Quach v. Cal. Commerce Club, Inc., 78 Cal. App. 5th 470 (2022), review granted, 297 Cal. Rptr. 3d 592 (Mem) (Aug. 24, 2022); S275121/B310458
Petition for review after reversal of order denying petition to compel arbitration. Does California's test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. Sundance, Inc., [142 S.Ct. 1708] (2022)? Fully briefed.
Ramirez v. Charter Communications, Inc., 75 Cal. App. 5th 365 (2021), review granted, 2022 WL 2037698 (Mem) (Jun. 1, 2022); S273802/B309408
Petition for review after affirmance of order denying petition to compel arbitration. Did the Court of Appeal err in holding that a provision of an arbitration agreement allowing for recovery of interim attorney's fees after a successful motion to compel arbitration, was so substantively unconscionable that it rendered the arbitration agreement unenforceable? Fully briefed.
Zhang v. Superior Court, 85 Cal. App. 5th 167 (2022), review granted, 304 Cal. Rptr. 3d 549 (Mem) (Feb. 15, 2023); S277736/B314386
Petition for review after denial of petition for writ of mandate. (1) If an employer files a motion to compel arbitration in a non-California forum pursuant to a contractual forum-selection clause, and an employee raises as a defense CAL. LAB. CODE § 925, which prohibits an employer from requiring a California employee to agree to a provision requiring the employee to adjudicate outside of California a claim arising in California, is the court in the non-California forum one of "competent jurisdiction" (CAL. CODE CIV. PROC. § 1281.4) such that the motion to compel requires a mandatory stay of the California proceedings? (2) Does the presence of a delegation clause in an employment contract delegating issues of arbitrability to an arbitrator prohibit a California court from enforcing CAL. LAB. CODE § 925 in opposition to the employer's stay motion? Review granted/brief due.
Kuciemba v. Victory Woodworks, 31 F.4th 1268 (9th Cir. 2022); cert. granted (Jun. 22, 2022); S274191/9th Cir. No. 21-15963
Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit: 1. If an employee contracts COVID-19 at his workplace and brings the virus home to his spouse, does California's derivative injury doctrine bar the spouse's claim against the employer? 2. Under California law, does an employer owe a duty to the households of its employees to exercise ordinary care to prevent the spread of COVID-19? Fully briefed.
Bailey v. San Francisco Dist. Attorney's Office, nonpublished opinion, 2020 WL 5542657 (2020)...
