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California › Cal Code of Civil Procedure › Arbitration

Husch Blackwell LLP

California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

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On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more

Paul Hastings LLP

California Supreme Court Issues Decision Addressing Whether the FAA Preempts California's Rule Governing Late Payment of...

Paul Hastings LLP on

The California Supreme Court issued its decision in Hohenshelt v. Superior Court, addressing whether the Federal Arbitration Act (FAA) preempts California's rule governing late payment of arbitration fees, Cal. Code Civ....more

Buchalter

Late Fees, High Stakes: California Narrows Arbitration Fee Forfeiture Rule

Buchalter on

In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more

Littler

California Supreme Court Takes a Bite Out of the Rigid Application of Arbitration Fee Deadlines: Hohenshelt v. Superior Court

Littler on

Case Background - A sanitation employee at Golden State Foods Corporation, signed an arbitration agreement governed by the Federal Arbitration Act (FAA) at the start of his employment. In 2020, after reporting alleged...more

Jackson Lewis P.C.

What California’s Time Limits for Payment of Arbitration Fees Mean for Restaurant Employers

Jackson Lewis P.C. on

Arbitration agreement enforcement continues to take up California court space. Recently, a wave of cases highlights for restaurant and food service industry and other employers the importance of timely payment of arbitrator...more

Proskauer - California Employment Law

Anti-Arbitration Statute Gets Zapped!

Proskauer - California Employment Law on

The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more

Ervin Cohen & Jessup LLP

California Court of Appeals Reinforces Strict Limits on Arbitration Fee Payment Deadline

Ervin Cohen & Jessup LLP on

The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more

Proskauer - California Employment Law

Trade Secrets Claim Against Company Not Severable From Claim Against Employee, Appeals Court Finds

Proskauer - California Employment Law on

A California semiconductor manufacturer cannot pursue in court its claims of trade secret misappropriation against a rival company while simultaneously arbitrating the same claims against the allegedly larcenous employee, a...more

Sheppard Mullin Richter & Hampton LLP

New California Law Prohibits Automatic Stay of Trial Court Action When Appealing Denial of a Motion to Compel Arbitration

Sheppard Mullin Richter & Hampton LLP on

On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel...more

Proskauer - California Employment Law

Employees Lose on PAGA Claims in Court Following Loss in Arbitration

Proskauer - California Employment Law on

Earlier this month, the California Court of Appeal (2d Dist.) ruled that issue preclusion bars a derivative Private Attorneys General Act (PAGA) claim where the plaintiff litigates individual Labor Code claims in arbitration...more

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