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material breach of the arbitration agreement under CCP 1281.98(a)(1)

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Reynosa v. Superior Court (2024) 101 Cal.App.5th 967

Defendant twice failed to pay arbitration fees within 30 days after they became due.  Once it timely paid all but $250 of the billed arbitration fees, contending that the remaining $250 was plaintiff's to pay as an initial arbitration fee.  But plaintiff had already paid $250, so another payment of that sum would exceed the arbitration agreement's $400 limit on… Read More