CCP § 1281.97 Deadlines Run From Second Invoice Where Payment Was Requested. On August 28, 2024, we posted on Anoke v. Twitter, Inc., Case No A168675 (1st Dist., Div. 5 Aug. 27, 2024), unpublished at the time, and now published on September 18, 2024. Now citable, this case holds that the CCP § 1281.97 […]
CCP § 1281.97 Ties The 30-Day Deadline From The Date Of An Arbitrator Invoice. We have posted about the CCP § 1281.97 30-day deadline for an employer to pay arbitration fees, with most courts strictly construing the deadline (although whether the provision is preempted by the FAA is an issue recently taken up the
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 Although unpublished, Costa-Fleeson v. Americor Funding, Inc., Case No. G062962 (4th Dist., Div. 3 Aug. 1, 2024) (unpublished) is
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
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 In Sanzone v. DCH Korea Imports, LLC, Case No. G063483 (4th Dist., Div. 3 July 3, 2024) (unpublished), an arbitrator awarded an employee $4,000 on a Labor Code failure to issue accurate itemized wage statements, after denying several other Labor Code claims,
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 In Helfet v. Motive Energy, Inc., Case No. B331359 (2d Dist., Div. 1 July 1, 2024) (unpublished), the appellate court reversed the denial of a motion to compel arbitration under an employer-employee contractual provision because the only unconscionable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
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
Unpublished Solis Decision, From The 2/5 DCA, Follows Reasoning In Recently Published Hernandez Opinion Over A Dissent. On May 24, 2024, we posted on Hernandez v. Sohnen Enterprises, Inc., a May 22, 2024 2/5 DCA opinion which was published, deciding CCP § 1281.97 orders are appealable and § 1281.97 was preempted by the FAA
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
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
