Daily eBriefs - May 23, 2024

Contracts Where parties have agreed to two contracts—one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts—a court must decide which contract governs. Coinbase v. Suski - filed May 23, 2024 Cite as 2024 S.O.S. 23-3 Full text click here >http://sos.metnews.com/sos.cgi?0524//23-3_879d, Contracts When an employer modifies its employment policy to require employees to arbitrate their disputes and clearly communicates to employees that continued employment will constitute assent to an arbitration agreement, the employees will generally be bound by the agreement if they continue to work for the company, however, if the employee promptly rejects the arbitration agreement and makes clear he refuses to be bound by the agreement, there is no mutual assent to arbitrate. Mar v. Perkins - filed May 22, 2024, Second District, Div. Seven Cite as 2024 S.O.S. 1721 Full text click here >http://sos.metnews.com/sos.cgi?0524//B327665. Contracts An order granting a motion under Code of Civil Procedure § 1281.97 to withdraw from arbitration and proceed in court is appealable. When an agreement falls within the scope of the Federal Arbitration Act and does not expressly adopt California arbitration laws, the FAA preempts the provisions of §1281.97 that mandate findings of breach and waiver. Hernandez v. Sohnen - filed May 22, 2024, Second District, Div. Five Cite as 2024 S.O.S. 1727 Full text click here >http://sos.metnews.com/sos.cgi?0524//B323303. Employment Law Labor Code §1102.6 sets for the exact standards to be used for evaluating whistleblower retaliation claims brought pursuant to §1102.5; pursuant to §1102.6, once an employee has shown a protected disclosure was a contributing factor in an adverse employment action, the statute shifts the burden to the employer and if the jury finds the employer satisfies its second-step burden in a civil case, the employee is barred from all relief. The Legislature did not intend for a contributing factor alone to prove a violation of §1102.5. Ververka v. Department of Veterans Affairs - filed May 6, 2024, publication ordered May 22, 2024, First District, Div. One Cite as 2024 S.O.S. 1736 Full text click here >http://sos.metnews.com/sos.cgi?0524//A163571.