The Ninth U.S. Circuit Court of Appeals held yesterday that a motion to compel arbitration filed by a car manufacturer, in a certified class action asserting violations of California’s lemon law, was properly denied where the defendant was not a party to the dealership contract containing the agreement to arbitrate, with the panel declining to find that a “delegation clause” providing that an arbitrator is to decide questions of validity forecloses the result.

(Subscription required) While allowing the broader cleanup to proceed, a federal judge has partially blocked the City of Berkeley from closing a homeless encampment affected by rat-caused disease, ruling that some practices likely violate disability rights law and constitutional protections.

(Subscription required) The California Commission on Judicial Performance is inviting public comment on potential changes to the rules governing its proceedings. Every even-numbered year, its rules require a review of existing procedures governing judicial discipline, consideration of whether to add, remove, or amend them, and an opportunity for public comment.

(Subscription required) Judge Doreen B. Boxer describes how civil cases take shape over time, with motions in limine offering key insight, as she reflects on her transition from family law to complex litigation.