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· 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 CourtListener

Sourced 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.