Month: February 2018

Avila v. Southern California Specialty Services, DCA4/3, 2/26/18

Avila was his elderly father’s POA. He checked his father into defendant’s facility, a long term acute care hospital, signing arbitration agreements on behalf of his father. The arbitration agreements covered claims arising from the hospital stay and purported to bind his father’s heirs, family, spouse etc., which included Avila. When his father died because of the effects of a dislodged feeding tube, Avila sued for negligence/willful misconduct, elder abuse and wrongful death. The trial court denied defendant’s motion to compel arbitration. Held: Affirmed. Continue reading “Court Refuses to Enforce Arbitration Agreement In Case with Medical Malpractice and Elder Abuse Claims”

Muro v. Cornerstone Staffing, DCA4/1, 2/23/18

Muro entered an employment contract with Cornerstone to work as an interstate truck driver for Team Campbell, which ships products from California to places throughout the country.  The contract had an arbitration clause and language that the clause was governed solely by the Federal Arbitration Act (FAA).  Muro sued Team Campbell and Cornerstone (think joint employer liability) for various wage and hour violations.  The trial court denied Campbell’s motion to compel arbitration.  Held: Affirmed. Continue reading “A Key Exemption From the Reach of the Federal Arbitration Act: Transportation Workers”