. . . And It Is Extended By CCP § 12 Extensions If Deadline Falls on a Holiday or Weekend. We have seen an uptick on decisions considering CCP § 1281.98, the section requiring employers to timely pay arbitration expenses invoiced by an ADR provider within 30 days under penalty of returning the case […]
Although Unpublished, This Is An Important Reminder To Employers On Timely Paying Arbitration Fees, Under Penalties Even If Employee Opts For Arbitration. Although unpublished, Lehman v. MediaLab.AI, Inc., Case No. B336814 (2d Dist., Div. 5 May 19, 2025) (unpublished), is an opinion that employers need to pay attention to in case they are delinquent
Also, Whether The Employer Is In Default Is An Arbitrator Decision. In Sanders v. Superior Court, Case No. B340707 (2d Dist., Div. 7 May 6, 2025) (published), the appellate court decided that the FAA did not preempt CCP § 1281.98(a)(1), which gives employers a strict 30-day deadline to pay arbitration expenses under penalty of
MFAA Deadlines Are Strict, Not Subject To CCP § 473 Relief. Plaintiff/former client in Rossi, Hamerslough, Reischl & Chuck v. Shah, Case No. H051614 (6th Dist. Apr. 11, 2025) (unpublished) was unhappy that her former counsel sent an outstanding $200,000 receivable notice even though they were instrumental in working up a case resulting in
Also, Appeal Sanctions Were Warranted For A Frivolous Appeal, But Matter Remanded To Trial Judge To Determine Appropriate Amount Given Conclusory Support For The Fee Request. In Plantation at Hayward I, LLC v. Plantation at Hayward I, LLC (Catanzarite), Case No. G062909 (4th Dist., Div. 3 Feb. 10, 2025) (published), plaintiff’s attorney losing in
Matter Still In Flux, Although Opinion Found Most Intermediatory California Appellate Court Agree With No Preemption Conclusion, But With Federal Judges Split On The Issue. The 1/1 DCA in Cohn-Perez v. Security Industry Specialists, Inc., Case No. A168297 (1st Dist., Div. 1 Jan. 29, 2025) (partially published) sided with its earlier interpretation in Keeton
Dueling Appellate Sanctions Requests Were Denied Also. In Rivas v. Dynamic Nursing Services, Inc., Case No. B337901 (2d Dist., Div. 1 Jan. 27, 2025) (unpublished), parties in an employment dispute involving common law and FEHA claims proceeded to an arbitration, with plaintiff eventually winning $30,000 on an interactive-process claim only. Later, the arbitrator awarded
FAA Governance Of The Arbitration Process Was Dispositive. In Boub v. Prime Healthcare, Case No. B334972 (2d Dist., Div. 4 Jan. 25, 2025) (unpublished), a lower court’s order denying a defendant employer’s motion to compel arbitration for failure to pay arbitration expenses within 30 days under CCP § 1281.98 was reversed because the FAA
Webinar Took Place Almost 1 ½ Months After The Award, Involving General Tips On Fee Battles In Arbitration. In Silva v. The Signature Motors LLC, Case No. H051552 (6th Dist. Jan. 14, 2025) (unpublished), an arbitrator awarded plaintiff almost $60,000 in attorney’s fees and costs (90% of the request), and the arbitrator 1 ½
Designer Did Not Have To Meet Payment Obligations By Contractor, So There Was No Waiver Or Forfeiture. Facts many times make the difference in the resolution of a dispute. And that conclusion rang true in Mooradian v. Ingjaldsdottir, Case No. B331561 (2d Dist., Div. 7 Sept. 26, 2024) (unpublished). There, homeowners, designer, materialman,
