Current through the 2021 Legislative Session
Section 1280 - Definitions
As used in this title:(a) "Agreement" includes, but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives.(b) "Award" includes, but is not limited to, an award made pursuant to an agreement not in writing.(c) "Consumer" means an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.(d) "Controversy" means any question arising between parties to an agreement whether the question is one of law or of fact or both.(e) "Drafting party" means the company or business that included a predispute arbitration provision in a contract with a consumer or employee. The term includes any third party relying upon, or otherwise subject to the arbitration provision, other than the employee or consumer.(f) "Employee" means any current employee, former employee, or applicant for employment. The term includes any person who is, was, or who claims to have been misclassified as an independent contractor or otherwise improperly placed into a category other than employee or applicant for employment.(g) "Neutral arbitrator" means an arbitrator who is (1) selected jointly by the parties or by the arbitrators selected by the parties, or (2) appointed by the court when the parties or the arbitrators selected by the parties fail to select an arbitrator who was to be selected jointly by the parties.(h) "Party to the arbitration" means a party to the arbitration agreement, including any of the following: (1) A party who seeks to arbitrate a controversy pursuant to the agreement.(2) A party against whom such arbitration is sought pursuant to the agreement.(3) A party who is made a party to the arbitration by order of the neutral arbitrator upon that party's application, upon the application of any other party to the arbitration, or upon the neutral arbitrator's own determination.(i) "Written agreement" includes a written agreement that has been extended or renewed by an oral or implied agreement.
Ca. Civ. Proc. Code § 1280Amended by Stats 2019 ch 870 (SB 707),s 2, eff. 1/1/2020.