California Court of Appeal

Petition for writ of mandate challenging the trial court's order compelling arbitration of plaintiff's discrimination and wrongful termination claims against her employer is denied where: 1) the language in the arbitration clause of the employment application that expressly covers "all disputes" creates a mutual agreement to arbitrate all claims arising out of the employment and thus does not lack mutuality of obligation so as to make it substantively unconscionable; and 2) plaintiff's evidence is not sufficiently compelling to demonstrate that the employer failed to properly and timely assert the petition and waived the right to arbitration.

Appellate Information

• Decided 04/13/2009
• Published 04/13/2009

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kokozian & Nourmand and Michael Nourmand, Los Angeles, for Petitioner., Loeb & Loeb, Michelle M. La Mar, Jon Daryanani and Erin Smith, Los Angeles, for Real Party in Interest.


• For Appellees:
  
• No appearance by Respondent.