PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Signatories, Nonsignatories
14 Cards On This Topic:

Petition to compel arbitration properly denied where it was for the trial ct. to determine the credibility of the evidence as to whether mother consented to have daughter sign arbitration agreement on her behalf.

Parent company that was a nonsignatory to an arbitration agreement was properly compelled to arbitration where its subsidiary company was a signatory and a mere instrumentality of parent.

CEO could not be compelled to arbitration where the record showed only that he signed the arbitration agreement as a corporate officer rather than as a party to the contract in his personal capacity.

Nonsignatory to arbitration agreement may compel arbitration of alleged Labor Code violations under the doctrines of equitable estoppel and agency.

DLA Piper, as successor by merger to P's former law firm, had standing to enforce arbitration agreement despite its not being a signatory to the Offer Letter containing the arbitration provision.

As D did not present sufficient evidence to support a finding that P electronically signed the arbitration agreement, order denying D's petition to compel properly denied.

Nursing homes failed to show W had authority to agree to arbitration on H’s behalf; marital status could not confer agency where H’s VA advance directive expressly reserved the right to make his own decisions until and unless he became incapacitated.

No error in finding P's daughter lacked authority, either actual or ostensible, to bind P to arbitration with nursing home.

Third party to arb. agreement with deceased mother's care facility could not be compelled to arbitrate wrongful death or survivor claims [conflicting rulings possible if those claims arbitrated but wrongful death was not].

No error to deny D's petition to compel arbitration where nonsignatory Ps were not 3d-party beneficiaries of D’s agreement with corporation to which Ps were short-term creditors.

Insurers seeking equitable contribution cannot be compelled to arbitrate where claim did not arise from contract and they were not signatories to arbitration agreements b/t insured and foreign insurers.

Reversal required where signature of Ds' attorney on arbitration stipulation, standing alone, was not substantial evidence that Ds agreed to arbitrate and valid K existed.

Where K obligations in SOA w/arbitration clause were unrelated to Ps' claims against nonsignatory accountants and lawyers, they could not argue equitable estoppel to compel arbitration and prevent Ps from suing them in court.

Cooperating brokers, as agents of party to arb. agrmt, may compel principal to arbitrate but can't compel arbitration against nonsignatory listing brokers who had no preexisting confidential or K relationship with them.