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Discovery on Arbitrability

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District Court (Cal.) Says Data Breach Defendant Is Entitled to Discovery from Plaintiffs to Offer Evidence to District Court in Support of Defendant’s Petition to Compel Arbitration

by Scott J. Hyman |

In I.C. v. Zynga Inc., No. 20-cv-01539-YGR, 2021 U.S. Dist. LEXIS 2227 (N.D. Cal. Jan. 6, 2021), Judge Rogers held that the defendant was entitled to limited discovery from the class representatives to obtain information to bring a proper Petition to Compel Arbitration. Currently pending in each of the captioned cases is defendant Zynga Inc.'s motion to compel arbitration or, in… Read More

Our Report on Yesterday’s Oral Argument before the California Supreme Court on the Sanchez Arbitration Case

by Scott J. Hyman |

Yesterday, the California Supreme Court heard oral argument in Sanchez (Gil) v. Valencia Holding Co. LLC, S199119. (B228027; 201 Cal.App.4th 74; Superior Court of Los Angeles County; BC433634) on whether the Federal Arbitration Act (9 U.S.C. § 2), as interpreted in AT&T Mobility LLC v. Concepcion (2011) 563 U. S. __, 131 S.Ct. 1740, preempts state law rules invalidating mandatory arbitration provisions… Read More

2012 Survey of Decisions within the 9th Circuit on Discovery Targeted Towards Arbitrability

by Scott J. Hyman |

  Cases Denying Discovery Hodsdon v. DirecTV, LLC, 2012 WL 5464615 (N.D.Cal. 2012) Plaintiffs move for leave to conduct arbitration-related discovery in order to bolster their contention that DirecTV's arbitration provision is unconscionable. Plaintiffs' argument is premised upon California Civil Code section 1670.5(b) which provides for arbitration-related discovery upon a claim or appearance of unconscionability. (Motion for Leave to Conduct… Read More