Facts Are Not Clear Cut To Require A Reversal As A Matter Of Law As In Recent 2/1 DCA Wilson Opinion.
We accurately did predict that, post-Hohenshelt, many trial court decisions would be remanded to see if the employer had reasonable excuses to make untimely arbitration payment of expenses under CCP § 1287.97. That prediction was not only accurate, but it has been confirmed by proliferating appellate decisions along the way, including the one below.
Holmes v. Nature Images, Inc., Case No. B340262 (2d Dist., Div. 8 Dec. 11, 2025) (unpublished) is yet another case in this vein, ultimately remanding to allow employer to meet the Hohenshelt escape hatch. Employer tried to argue that it had an excuse as a matter of law, but the appellate court could not find it had circumstances like those in Wilson v. Top Worldwide, LLC, 114 Cal.App.5th 1077, where the employer did timely pay arbitration expenses, but electronic processing caused a delay for a couple of days. No such showing was made by the employer in Holmes, so back to the trial court to see if it factually supports its excuse claim.