Developments of Interest

New Cases of Interest - March 10, 2015

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Cruise v. Kroger Company (2015) 233 Cal.App.4th 390.  This was an employment discrimination case in which the employer sought to compel arbitration based upon an employment application which contained an arbitration clause.  The Court of Appeal found this was sufficient to compel arbitration of employment-related disputes, even though the precise terms of the arbitration policy were not spelled out in the application. The arbitration proceeding would then be governed by the procedures set forth in the California Arbitration Act.

Cobb v. Ironwood Country Club (2015) 233 Cal.App.4th 960.  This was a country club's motion to compel arbitration of a declaratory relief action which had been brought by current and former members.  The arbitration provision had been put in to the country club bylaws four months after the complaint for declaratory relief had been filed.  The court determined that arbitration was not required under these circumstances, and the bylaw provision could not be interpreted to allow retroactive application of amendments, including the amendment to require arbitration.

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