New Ca Arbitration Case
- Would You Like to Quickly Develop Your Dream Civil Law Practice?
Arbitration
Arbitration, and whether it can be compelled, is constantly addressed in the new published case law. Last month, the California Fifth District Court of Appeal published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Arbitration Decision
Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC (2022) _ Cal.App.5th _ , 2022 WL 321011: The Court of Appeal affirmed the trial court's order partially denying defendant's motion to compel arbitration. The parties agreed to arbitrate "any dispute, controversy or claim arising out of or relating to" their agreement, "[e]xcept for claims seeking injunctive or other equitable relief." The trial court properly concluded that plaintiff's causes of action seeking equitable relief were not subject to arbitration, determined that the resolution of the nonarbitrable equitable claims could make the arbitration unnecessary in accordance with Code of Civil Procedure section 1281.2(d), and delayed the arbitration of the other causes of action until after the equitable claims were resolved in the trial court. (C.A. 5th, February 3, 2022.)
Lawyer Master Mentoring™ Services
Lawyers (whether new or experienced) can rapidly create their dream law practices with the help of a master mentor who can help them think deeply, focus on what is essential, avoid distractions, develop their skills, avoid mistakes, answer their questions, and continuously improve their organization and systems. I offer an online video course and individual sessions to provide this much needed master mentoring to attorneys. For my lawyer master mentoring services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.
I take a limited number of civil cases and represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. I use my experience as a California civil trial lawyer since 1980 and a member of the American Board of Trial Advocates since 1995, and I work hard to attempt to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. For my civil litigation services visit my website at https://montymcintyre-law.com, email me at [email protected], or call me at (619) 990-4312.
Mediation, Arbitration and Referee Services
I also help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (619) 233-1323.
Stat safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Lawyer Master Mentoring™
Civil Trial Attorney
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
