On Valentine’s day, 2023, Assembly member Jesse Gabriel introduced AB 924 to be added as Section 1770 to the California Code of Civil Procedure. Entitled, Alternative dispute resolution: complaints, it currently reads: SECTION 1. Title 11.5 (commencing with Section 1770) is added to Part 3 of the Code of Civil [Read More]
The American Bar Association published a story warning us all to be careful about settling by email. It recited the case of Philadelphia Ins. Indemnity Co. v Kendall decided by the Supreme Court of the State of New York Appellate Division, First Judicial Department, Case No. 2020-02752, Appeal No. 13756 [Read More]
A recent appellate decision from the Fourth Appellate District in San Diego teaches that a party who allegedly signs a document electronically can still successfully challenge her signature. In Fabian vs Renovate America, Inc., Court of Appeal, Fourth Appellate District, Case No. D075519 ( issued November 19, 2019; published December [Read More]
On August 3, 2015, the California Supreme Court issued its long awaited opinion in Sanchez v Valencia Holding Company, LLC (Case No. S199119) holding that an automobile retail installment sales contract was NOT unconscionable and thus reversed the rulings of the lower courts that had held it to be unenforceable. [Read More]
While my alternative dispute resolution focus is generally on mediation, a recent event in the arbitration field caught my attention. On May 7, 2013, Senator Al Franken (MN) introduced S. 878 (http://www.gpo.gov/fdsys/pkg/BILLS-113s878is/pdf/BILLS-113s878is.pdf ) in the Senate while his counterpart Rep. Henry C. "Hank" Johnson, Jr. (Ga-4) introduced H. R. 1844 [Read More]
