Concurring Justice Suggests That Discovery Might Be Appropriate For Scrutiny Of Employer’s Failure To Timely Pay.
Howard v. Koulax Enterprises, Case No. B335329 (2d Dist., Div. 5 Dec. 16, 2025) (unpublished) is yet another appellate decision remanding a case to the lower court after an employer litigant failed to timely pay arbitration expenses, with the lower court to scrutinize whether employer had excuses under Hohenshelt. The twist is that concurring Justice Baker observed that discovery might be appropriate on remand to determine if employer’s excuses were reasonable in nature.