Cases: Arbitration

Appealability, Arbitration, Employment, Preemption: $176,687.96 Fees And Sanctions Award For Employer’s Failure To Advance Fees Affirmed On Appeal

Cases: Appealability, Cases: Arbitration, Cases: Employment, Cases: Preemption

Employers Not Paying Fees Upfront Can Be Exposed To Further Arbitration Expenses Before the Axe Comes Down; Appellate Court Found No FAA Preemption, With This Preemption Issue Now Being Reviewed By The California Supreme Court.                Although unpublished, Costa-Fleeson v. Americor Funding, Inc., Case No. G062962 (4th Dist., Div. 3 Aug. 1, 2024) (unpublished) is […]

Arbitration: Arbitration Clause Requiring Employee To Pay Nonfrivolous Motion To Compel Arbitration And Subsequent Arbitration Fees/Costs Was Unconscionable

Cases: Arbitration

However, Severability Was To Be Considered On Remand.                In Ramirez v. Charter Communications, Inc., Case No. S273802 (Cal. Supreme Ct. July 15, 2024) (published), an employer faced unconscionability rulings on components of its arbitration clause, with the state supreme court issuing rulings on unconscionability and then whether those infirm clauses should or could be

Arbitration, Employment: Arbitrator’s Failure To Consider Unwaivable Fee Request Under Labor Code Section 226(e)(1) For Prevailing Employee Was Erroneous

Cases: Arbitration, Cases: Employment

Employee Won $4,000 For Employer’s Failure To Issue Accurate Itemized Wage Statements.                In Sanzone v. DCH Korea Imports, LLC, Case No. G063483 (4th Dist., Div. 3 July 3, 2024) (unpublished), an arbitrator awarded an employee $4,000 on a Labor Code failure to issue accurate itemized wage statements, after denying several other Labor Code claims,

Arbitration: Where Costs-Shifting Component Only In Employer-Employee Arbitration Agreement Was Unconscionable, It Should Be Severed

Cases: Arbitration

Denial Of Motion To Compel Arbitration Was Reversed.                In Helfet v. Motive Energy, Inc., Case No. B331359 (2d Dist., Div. 1 July 1, 2024) (unpublished), the appellate court reversed the denial of a motion to compel arbitration under an employer-employee contractual provision because the only unconscionable provision, an improper cost-shifting provision, could be severed

Arbitration: 1/1 DCA Agrees That 30-Day Employer Arbitration Payment Deadline Is Not Preempted By The FAA

Cases: Arbitration

Split Is Now Present Between The Intermediate Appellate Courts On This Issue.                 In Keeton v. Tesla, Inc., Case No. A166690 (1st Dist., Div. 1 June 26, 2024) (published), the 1/1 DCA considered whether CCP § 1281.98(a)(1), the 30-day window for employers to pay arbitration expenses, is preempted by the Federal Arbitration Act (FAA).  After

Arbitration: 2/5 DCA Majority Decides That FAA Preempts 30 Day Payment Deadline For Employers Under CCP § 1281.97

Cases: Arbitration

Dissent Disagrees That FAA Is Offended By Section 1281.97.                In Hernandez v. Sohnen Enterprises, Inc., Case No. B323303 (2d Dist., Div. 5 May 22, 2024) (published), a 2-1 panel decided that the FAA preempts the CCP § 1281.97 deadline requiring that an arbitration is forfeited unless the employer pays expenses within 30 days unless

Arbitration: Trial Court Has No Power To Dismiss Claims For Failure To Prosecute When Case Has Been Ordered To Arbitration

Cases: Arbitration

Arbitrator Need To Make Decisions; Party Opposing Arbitration For Lack Of Funds Needs To Make Showing Before Superior Court Or Arbitrator.                In Lew-Williams v. Petrosian, Case No. B330387 (2d Dist., Div. 7 Apr. 2, 2024) (published), a trial court dismissed state law claims for failure to prosecute after the matter was ordered to arbitration

Arbitration, Requests For Admission: Arbitrator Award Of RFA Costs Of Proof Sanctions Reversed In Review Of Uninsured Motorist Arbitration Proceedings

Cases: Arbitration, Cases: Requests for Admission

Only A Trial Judge Can Order Discovery Sanctions Under Uninsured Motorist Arbitration.                We did know that uninsured motorist arbitrations are a niche area for practitioners in the area.  That is confirmed by the result in Ourfali v. 21st Century Ins. Co., Case No. B324150 (2d Dist., Div. 4 Mar. 27, 2024) (unpublished).  There, in

Arbitration: Former Employer Could Not Revive Arbitration Demand Against Ex-Employee After Paying Late Following Expiration Of The CCP § 1287.97 30-Day Deadline

Cases: Arbitration

Deadline Is Strict; § 1287.97 Is Not Preempted By The FAA.                In Jane Doe v. Lawyers for Employee and Consumers Rights, Case No. B330052 (2d Dist., Div. 6 Mar. 21, 2024) (unpublished), former employer sought to press arbitration against ex-employee although it paid late arbitration expenses in derogation of the 30-day deadline under CCP

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