Gabe Pitassi

In this edition of the KF&C California Law Blog, we discuss the recent California Supreme Court decision in Quach v. California Commerce Club, No. S275121, 2024 WL 3530266 (Cal. July 25, 2024), in which the court eliminated the longstanding requirement under the California Arbitration Act that a party opposing arbitration show that it had suffered prejudice as a result of the moving party’s delay in attempting to compel arbitration. The elimination of the prejudice requirement will likely result in more frequent claims of waiver in opposition to a party’s attempt to enforce an arbitration agreement. Practitioners responding to a complaint should promptly investigate whether the dispute may be subject to an arbitration agreement before engaging in any litigation conduct including serving even initial discovery. Parties seeking to avoid arbitration clauses will likely test the boundaries of waiver and argue that even very limited litigation conduct should result in waiver. Parties seeking to avoid that result should diligently investigate issues of arbitrability and if appropriate, move to compel arbitration at the earliest opportunity. Read the full blog here: https://lnkd.in/eBMyMncq For further questions or comments on the content of this post, please contact Michael Kibler or Michael Carnevale.

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CRE can learn from residential legal developments. Fennemore attorney Andrea L. Marconi, Esq. explores how the commercial real estate market could shift after recent developments for residential real estate in her recent article with Greater Phoenix InBusiness. She highlights how RRE legal changes could inform potential legal disruptions to CRE commission structures. By learning from RRE's response to market disruptions, CRE can stay ahead of potential legal challenges. Discover how these insights could prepare the market: https://lnkd.in/g_tay6gm #CRE #RRE #CommercialRealEstate #RealEsateLaw #Phoenix #Fennemore

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CA attorneys: With wildfire season upon us, you may be wondering how you can help. Many Californians have disaster-related civil legal questions & could use your legal expertise. California Free Legal Answers allows you to remotely help Californians impacted by disasters with their legal needs, without the expectation of long-term support. Learn more: https://lnkd.in/gk2qGVEq

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CA attorneys: With wildfire season upon us, you may be wondering how you can help. Many Californians have disaster-related civil legal questions & could use your legal expertise. California Free Legal Answers allows you to remotely help Californians impacted by disasters with their legal needs, without the expectation of long-term support. Learn more: https://lnkd.in/gk2qGVEq

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