Stephnie Trujillo v. J-M Manufacturing Company, Inc., B327111 (2/8 12/2/24) (Stratton, Grimes, Wiley). This case involves an employer's obligation to make timely payment to the arbitrator, as required by statute, or face the prospect of losing the right to arbitrate. The facts are unusual. Stephnie Trujillo filed a complaint against her former employer, […]
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 […]
Courts Have Been Unforgiving In Interpreting An Unambiguous Statute. See CCP § 1281.98. "A statute gave Milan Cvejic the option to get out of arbitration if Skyview was tardy in paying its arbitration fees. Skyview was tardy in paying its arbitration fee. Cvejic was entitled to get out." Milan Cvejic v. Skyview Capital, LLC, […]
Yet Another Skilled Nursing Home Case. One of our sidebar categories is "Prompt payment" referring to statutory provisions applying to consumer and employment cases requiring the drafting party to promptly pay arbitration fees and costs or waive its right to arbitrate. But California case law, upon which the next case relied, also provides that […]
California Code of Civil Procedure Sections 1281.97 and 1281.98 Will Be Strictly Enforced. California Code of Civil Procedure, sections 1281.97 and 1281.98 provide that if a company or business that drafts an arbitration agreement does not pay arbitration fees within 30 days of when fees are due, the company or business is in material […]