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.
Even when an arbitration agreement contains a broad delegation clause, the court must first determine whether the parties entered into the arbitration agreement. Plaintiff who challenges the authenticity of his signature on the arbitration agreement needn't prove it is not authentic but must submit sufficient facts to create a disputed issue of fact, thus shifting the burden back to the… Read More
Kinder was a patient at defendant's residential skilled nursing facility. The trial court correctly denied a motion to compel arbitration of Kinder's personal injury claim because she did not sign the facility's arbitration agreement. Instead, her adult child signed for her. The facility produced no evidence to show that the signer had actual or ostensible authority to sign for Kinder. … Read More
