Month: September 2023

Prompt Payment: Along With Other Courts, 1st District Div. 3 Strictly Interprets Statutory Prompt Payment Requirement For Employer Wanting To Arbitrate

The Payment Must Be Received By The Arbitrator Within 30 Days Of When It Was Due.         September 1, 20221 was the “due date” for the employer in a sexual harassment dispute to pay arbitration fees and costs to the arbitrator, making payment due October 3. Cal. Code of Civ. Proc., § 1281.98(a)(1). The employer […]

Celebrities: Senator Dianne Feinstein’s Family Dispute Goes To Mediation

September 12, 2023 · Celebrities

The Judge says, "I'm looking for a global outcome if we can get it."         It is painful to watch Senator Dianne Feinstein in the dusk of her long and distinguished career of public service, mired in a family lawsuit in which she is represented by her daughter former San Francisco judge Katherine Feinstein, acting […]

Automobiles, Nonsignatories: Hyundai Is Unable To Piggback Onto Dealership’s Arbitration Agreement

California Court of Appeal, 3rd District, Disagrees With California Court of Appeal, 3rd District.         A Third District California Court of Appeal panel composed of Justices Renner, Earl, and Hull, disagrees with an earlier Third District panel composed of Justices Hoch, Robie, and Murray. The issue is whether an automobile manufacturer can rely on an […]

PAGA: California Courts Will Now Hold PAGA Plaintiffs Arbitrating Their Claims Have Standing To Litigate Representative Claims Of Others

September 5, 2023 · Uncategorized

The Issue Was Resolved By The California Supreme Court In July 2023, And Lower Courts Are In-Step.         Earlier this year the California Supreme Court addressed the following question: "[W]hether an aggrieved employee who has been compelled to arbitrate claims under PAGA that are 'premised on Labor Code violations actually sustained by' the plaintiff . […]