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The decision in Cook v. USC, 102 Cal. App. 5th 312 (2024), reh'g denied (June 13, 2024), has therefore become binding law in California and may warrant employers reviewing their arbitration agreements to ensure they do not contain the provisions that rendered USC's agreement unenforceable.

The plaintiff's exhibits are traditionally numbered (“Exhibit 1”), while the defendant's exhibits are lettered (“Exhibit A”). Your court may want you to label your own exhibits as you introduce them or the court may prefer that the court clerk labels the exhibits instead.

Most arbitration is driven by a pre-dispute contract entered into by the parties, in which they agree that if a dispute should arise, it will never get into the court system. The Federal Arbitration Act, coupled with the state arbitration law of the place of arbitration, generally governs the process.

As a form of alternative dispute resolution, arbitration proceedings can either be binding or non-binding. The former means that the decision is final and enforceable. The latter means that the arbitrator's ruling is advisory and can only be applied if both parties agree to it.

In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.

Under CCP § 583.310, an action must be brought to trial within five years after it is commenced against the defendant. An action “commences” on the date the original complaint is filed with the court against the defendant. If other defendants are later added, those actions will have a different date of commencement.

Arbitration Requirements in California Under California law, an employer can require its employees to agree to arbitration as a term of employment. However, if the agreement has too many unfair or biased conditions, courts may refuse to enforce the arbitration agreement or chop off the unfair terms.

On January 1, 2024, U.S. District Court Judge Kimberly Mueller issued a decision permanently enjoining California state officials from enforcing AB 51, the contested law that sought to prohibit employers from “forcing” job applicants or employees to enter into pre-dispute employment arbitration agreements covering ...

When is it enforceable? Arbitration agreements are subject to certain rules in order to have enforceability under California and federal law. If an arbitration agreement fails to meet these requirements, it can be held unenforceable.