California Case Summaries

Business Transactions

Primary practice area

1st District Court of Appeal, Business Transactions, Civil Procedure, Litigation

Bogguess v. Uber Technologies, Inc. — Court affirms denial of arbitration because deceptive-pricing injunction is public relief and ambiguous severance language is construed against Uber

The Court of Appeal affirmed the denial of Uber's motion to compel arbitration, holding that the requested injunction against allegedly deceptive pricing is public injunctive relief and that ambiguous severance language must be construed against Uber under California contract law without FAA preemption.

2nd District Court of Appeal, Business Transactions, Labor & Employment Law

Villasenor v. Schneiter — FEHA Does Not Presume Corporate Owners Are Alter Egos

The Second District affirmed and held that FEHA does not alter the common-law presumption of corporate separateness. FEHA contains no provision addressing alter ego liability or judgment enforcement, much less the clear and unequivocal statement courts expect before concluding that legislation displaced a settled common-law rule. The direction to construe FEHA liberally and provide effective remedies was not enough to create a new presumption.

Ninth Circuit Court of Appeals, Business Transactions, Civil Procedure, Litigation

Devas Multimedia v. Antrix — Foreign Sovereign Cannot Avoid Arbitral Award on Forum Grounds

The Ninth Circuit held that the FSIA arbitration exception supplied subject-matter jurisdiction and that exercising personal jurisdiction was reasonable even assuming Antrix could invoke Fifth Amendment protections. It also held that forum non conveniens does not defeat an action to confirm a Convention award because contracting nations must recognize covered awards and a foreign court cannot attach assets in the United States.

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