In a recent case in 2nd District of the California Court of Appeal, Vasquez v San Miguel Produce, Inc. (2018 DJDAR 789), the Court held that an agency or similar relationship between a nonsignatory and one of the parties to an arbitration agreement allows enforcement of arbitration by the nonsignatory. In the case, plaintiffs were employed by Employers …
On Monday, February 25, 2019, Judge Linda Marks of the Orange County Superior Court issued a favorable ruling on a motion for summary judgment brought by Julander, Brown & Bollard in a case that was scheduled to go to trial in March of this year. The ruling will remove JBB’s client, a large New York …
In a recent 2nd District Court of Appeal case, the Court held that contractual arbitration proceeding is not protected activity under the anti-SLAP Statute (Code of Civil Procedure 425.16). In Zhang v. Jenevein 2019 DJDAR 604, the Court held that even though arbitration awards are subject to judicial confirmation, contractual arbitration is not an “official proceeding” and therefore, …
Contractual Arbitration Proceeding is Not Protected Under the Anti-SLAP Statute Read More »
The California Supreme Court just set forth clear rules as to what a Court can consider when ruling on an anti-SLAPP motion. In Sweetwater Union School District v. Gilbane Building Co. (Cal. 2016) 202 Cal.Rptr.3d 711 [371 P.3d 223], the Court held that “In determining a plaintiff’s probability of success the (trial ) court may consider statements …
Can a Court Consider Statements as Admissible Evidence at Trial? Read More »