News & Analysis as of

Statutory Interpretation Fees

Best Best & Krieger LLP

Court of Appeal Limits Increases to Grandfathered Assessment

On August 28, 2025, the California Court of Appeal in Thacker v. City of Fairfield held that adjusting an assessment in accordance with a range established prior to Proposition 218 qualifies as an “increase” under Proposition...more

Ervin Cohen & Jessup LLP

Employers May Now Obtain Equitable Relief for Untimely Arbitration Payments

After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

Husch Blackwell LLP on

On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

Fenwick & West LLP

CA Supreme Court: Federal Arbitration Act Does Not Preempt State Law on Timely Arbitration Fee Payment

Fenwick & West LLP on

The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

Buchalter on

In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Ervin Cohen & Jessup LLP

An Attorney’s Inadvertence, Mistake, or Excusable Neglect Is Not Sufficient to Overcome The Bright-Line Rule for Arbitration Fee...

Since its enactment in 2019, Code of Civil Procedure 1281.98, which governs arbitration fee payments, has been inviolate: arbitrators do not have the unilateral power to extend the fee payment deadline; “checks in the mail”...more

Cozen O'Connor

California Supreme Court: Insurer Immunity Under California’s Ratemaking Statutes Is Narrow

Cozen O'Connor on

In its recent decision, Villanueva v. Fidelity National Title Company, --- P.3d ---, No. S252035, 2021 WL 1031874 (Cal. Mar. 18, 2021), the California Supreme Court rejected an expansive view of the immunity afforded to title...more

Lowndes

Resident Default.

Lowndes on

When a resident has failed to pay their monthly fee, what remedy does the ALF owner have under Florida law? It is not the same as a residential eviction under Chapter 83 of the Florida statutes. ...more

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