Remand Was To Determine If Employer Had An Excuse For Untimely Payment And Whether Employee Suffered Compensable Harm.
Our local Santa Ana appellate court, in Pontes v. Intelliloan, Inc., Case No.. G064585 (4th Dist., Div. 3 Dec. 16, 2025) (unpublished), has joined an emerging majority of appellate courts in remanding, post-Hohenshelt v. Superior, 18 Cal.5th 310, 323 (2025), on the issues of whether an employer had an excuse in not timely paying arbitration expenses and whether plaintiff employee suffered compensable harm. The facts did indicate some payments were made by employer, and that it relied on the JAMS cancellation date. The lower court had returned the case to the superior court and awarded employee CCP § 1281.99 sanctions of $3,345. The remand decision to decide if the case should be returned to arbitration and whether plaintiff should be compensated was authored by Justice Gooding.