The Case Is Hohenshelt v. Superior Court. We have written about the Hohenshelt case twice in the Daily Journal. The first time around, the case was in the Court of Appeal. After it was decided by the California Supreme Court, with a majority opinion, some concurrence, and some disagreement, we wrote a second article for […]
Bright Line Still Applies To The Deadline Employers Have To Pay For Arbitration Cost Or Lose Ability To Arbitrate, But Wait For California Supreme Court Ruling. In Mone Yvette Sanders v. Superior Court, 110 Cal.App.5th 1304 (2/7 5/6/25) (Feuer, Martinez, Stone), the court held Code Civ. Proc. § 1281.98 is not preempted by the FAA; […]
The Court Distinguishes The Case From Hernandez v. Sohnen Enterprises, Inc. Jenny-Ashley Colon-Perez sued her former employer, Security Industry Specialists, Inc. (SIS), for various employment-related claims. After agreeing to arbitrate, SIS failed to pay arbitration fees within the 30-day deadline required by California Code of Civil Procedure section 1281.98. Colon-Perez chose to withdraw from […]
First Invoice Was Paid By Employee And Marked "Paid" And Employer Timely Paid Second Invoice. In Anoke v. Twitter, Inc., A168675 (1/5 pub. 9/18/24) (Burns, J.), Sarah Anoke and other employees initiated arbitration against Twitter ("X") for employment-related disputes. Under California Code of Civil Procedure section 1281.97, an employer must pay its share of […]
The California Courts Are Divided. One more case lines up with those courts holding the 30-day deadline requirement in consumer and employment cases, set by Cal. Code of Civ. Proc. § 1281.98, for the drafting party to pay arbitration fees, is not preempted by the Federal Arbitration Act. Keeton v. Tesla, Inc., A166690 (1/1 […]
Thirty-Day Deadline Applies. The Court of Appeal, Fifth District, following the weight of California precedent, applies California Code of Civ. Proc. § 1281.98, requiring that the party who has drafted an arbitration agreement must pay arbitration fees within 30 days of when they are due, or else the other party gets an […]
Our Article In The Daily Journal Examines Hohenshelt v. The Superior Court. Our article in the April 10, 2024 Daily Journal begins: "The majority and minority opinions in a recent California appellate decision highlight the conflict between California and federal attitudes about arbitration. The case is Dana Hohenshelt v. The The Superior Court of […]
California Courts Have Posted Plenty Of Warnings About The 30-Day Deadline To Pay The Arbitration Fees Or Lose The Right To Arbitrate. And we have posted plenty of times about those warnings about this particular deadline. The latest warning that the 30-day deadline found in Cal. Code of Civ. Proc. § 1281.97 will be […]
And The Court Also Decides An Issue Of First Impression Concerning Adequacy Of Service. The Appellate Division of the Superior Court, County of Los Angeles, addressed Mandatory Fee Arbitration Act (MFAA) issues in Folke v. Pulliam (10/6/23). In an employment dispute, Pulliam, the client, hired attorney Folke to assist Pulliam's attorney Akinyemi. Afterwards she […]
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 […]