Legal Memos

Starr v. Mayhew (2022) 83 Cal.App 5th 842. This was an arbitration award where the arbitrator corrected the final award to clarify an issue on indemnity and the Court of Appeal found that this was permissible under CCP §§ 1284 and 1286.6 and also under the arbitrator’s non-statutory ability to amend because it was consistent with the final award and not substantially prejudicial.

Nicholas and Sharon Honchariw v. FJM Private Mortgage Fund, LLC (2022) 83 Cal.App. 5th 893. This was another issue involving an arbitration award and a petition to vacate an arbitration award which enforced a liquidated damages provision in a mortgage contract assessing a late payment fee against the entire unpaid balance based on missing a single payment. The Court of Appeal reversed and vacated the arbitration award because the prohibition against unreasonable liquidated damages in CCP § 1671 expresses a well-defined and dominant public policy.

International Union of Operating Engineers, Local 39 v. Macy’s, Inc. (2022) 83 Cal.App. 5th 985. This is a SLAPP action. Employer sued the local branch of a union alleging that it engaged in unlawful conduct in connection with its picketing activities outside of a store. The Local filed a SLAPP motion. The Court of Appeal found that the Local could not be held responsible for the action of its members on the picket line under Labor Code § 1138 without some indication that the Local itself had authorized their actions. The employer was unable to tie the alleged misconduct to the Local to prove that its claim had minimal merit, therefore justifying the granting of the SLAPP motion.


Related Attorney(s):
Gregory L. McCoy