2016 LEGISLATIVE WORK
SB 1065 (Monning) Dismissal or denial of petitions to compel arbitration: appeals: Elder and Dependent Adult Civil Protection Act. Support. Chaptered.
SB 1078 (Jackson) Civil procedure: arbitration. Oppose. Vetoed.
SB 1241 (Wieckowsk) Employment contracts: adjudication: choice of law and forum. Support. Chaptered.
SB 1065 (Monning) Dismissal or denial of petitions to compel arbitration: appeals: Elder and Dependent Adult Civil Protection Act. Support. Chaptered.
Required the Court of Appeal, in an appeal of an order dismissing or denying a petition to compel arbitration involving a claim under the Elder and Dependent Adult Civil Protection Act in which a party has been granted a court preference, to issue its decision no later than 100 days after the notice of appeal is filed. Required the Judicial Council to adopt rules implementing this provision and shortening the time within which a party may file a notice of appeal in these cases.
SB 1078 (Jackson) Civil procedure: arbitration. Oppose. Vetoed.
Would have required, in a consumer arbitration, the disclosure of any solicitation made within the last two years by, or at the direction of, a private arbitration company to a party or lawyer for a party. Would have prohibited: solicitation of a party or lawyer for a party during the pendency of the arbitration; an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment or offers of new professional relationships; in a consumer arbitration case, would have prohibited the arbitrator from entertaining or accepting any offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration. CDRC met with the Governor’s Office regarding its concerns.
SB 1241 (Wieckowsk) Employment contracts: adjudication: choice of law and forum. Support. Chaptered.
Prohibited an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would require the employee to adjudicate outside of California a claim arising in California or deprive the employee of the substantive protection of California law with respect to a controversy arising in California. Made any provision of a contract that violates these prohibitions voidable, upon request of the employee, and required a dispute over a voided provision to be adjudicated in California under California law. Specified that injunctive relief is available and would authorize a court to award reasonable attorney’s fees. Provided that adjudication includes litigation and arbitration for purposes of these provisions. Excepted contract with an employee who was represented by legal counsel.
CDRC representatives continued to attend and speak at the quarterly meetings of the CLRC in connection with its study of mediation confidentiality.