PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Unenforceable Under State Law
6 Cards On This Topic:

A predispute arbitration agreement that waives the right to seek public injunctive relief in any forum is unenforceable under CA law.

Trial ct. should not have ordered parties to arbitration because public policy prohibits arbitration agreements in residential lease or rental agreements.

Plaintiff-employee's motion to enjoin arbitration properly granted where his PAGA claim could not be split into an arbitrable individual claim and a nonarbitrable representative claim.

Delegation clause and arbitration provision void where they constituted endorsements to a workers' compensation insurance policy that were not approved by the state insurance commissioner.

Motion to compel arbitration correctly denied where illegal PAGA waiver clause could not be severed from the balance of the arbitration agreement.

Motion to compel properly denied where arb. agreement provided if state law would find agreement to waive class arb. unenforceable, entire Section would be unenforceable—as such waiver unenforceable under CA law, entire agmt. unenforceable.