· 2/18/2016
Picerne Construction Corp. v. Castellino Villas
Citations
- 244 Cal. App. 4th 1201
- 199 Cal. Rptr. 3d 257
- 2016 Cal. App. LEXIS 121
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that California courts have consistently found the FAA to be reverse-preempted by the MeCarran-Ferguson Act with respect to arbitration agreements in health care service plans governed by a California statute requiring disclosures of arbitration agreements in health care plans
- compelling arbitration where “a review of the record reveal{ed] that [plaintiffs] did not specifically direct any challenge to the delegation □ clauses empowering the arbitrators to determine gateway questions of arbitrability’
- applying Buckeye’s reasoning to a dispute over who ought to decide the validity of an arbitration clause contained in an unfiled California insurance agreement and concluding that the question belonged to the arbitrators.
- \ '[D]elegation clauses' are enforceable where 'there is clear and unmistakable evidence that the parties intended to arbitrate arbitrability issues.' \
- ‘[DJelegation clauses . . . are severable from larger arbitration provisions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mauro, Nicholson, Robie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.