Arbitration: 4/1 DCA Follows Second District Decisions Holding Employer Wanting Arbitration Needs To Timely Pay Arbitration Expenses Under Penalty Of Litigating In Court

Facts Here Were That Employer Obtained Stay Of Court Case, But Did Not Timely Pay Arbitration Fees.

            Although the procedural context was a little different because employer obtained an arbitration stay and then failed to timely pay fees for a contractual arbitration against employee, the 4/1 DCA followed the lead of Second District cases such as Gallo v. Wood Ranch USA, Inc., 81 Cal.App.5^th 621, 629 (2022) and Espinoza v. Superior Court, 83 Cal.App.5^th 761, 778-779 (2022) in deciding that the employer’s failure to timely pay arbitration fees under CCP § 1281.97 required writ relief to dictate the conclusion that employer had waived its rights to arbitrate.  The 4/1 opinion so concluding is Suarez v. Superior Court, Case No. D082429 (4^th Dist., Div. 1 Jan. 24, 2024) (published).