How have courts interpreted the arbitration provisions in determining whether an arbitration provision applies to a certain controversy?

California, United States of America


The following excerpt is from Friends of La Jolla Shores v. T.B. Penick & Sons, Inc., D078200 (Cal. App. 2021):

In determining whether an arbitration provision applies to a certain controversy, we first identify the controversy and then decide whether that controversy is within the scope of the arbitration provision. (Tobacco Cases I, supra, 124 Cal.App.4th at p. 1106; accord Coast Plaza, supra, 83 Cal.App.4th at pp. 684-685.) To identify the controversy, the court examines the specific acts of alleged wrongdoing and not just the form of the claim. (Drell v. Cohen (2014) 232 Cal.App.4th 24, 29-30.) Rather than interpreting the written agreement at this step in the analysis, the court assesses the nature of the dispute as pled in the complaint. (Tobacco Cases I, at p. 1106; Coast Plaza, at pp. 684-685.)

Other Questions


What is the standard of review applied by the Court of Appeal in determining whether a statute is constitutional or interpreted as a question of law? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
In what circumstances will a court or arbitrator decide whether or not a plaintiff has been fraudulently induced to agree to an arbitration provision? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have the courts interpreted section 667.5 of the Criminal Code when determining whether a defendant suffered two felonies for which he served a prison term? (California, United States of America)
What is the standard of review applied by the Court in determining whether there was more than one objective? (California, United States of America)
How have the courts interpreted the role of a county sheriff in determining whether a sheriff is a county official? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.