Supreme Court of California

Court of appeal's reversal of trial court's decision in concluding that an arbitrator's error in plainly misapplying the relevant tolling statute was not a valid basis for vacating an arbitration award is reversed as, under the particular circumstances of this case, in which a clear error of law by an arbitrator means that an employee subject to a mandatory arbitration agreement will be deprived of a hearing on the merits of an unwaivable statutory employment claim, the trial court did not err in vacating the award. However, the court rejects employee's claim that language in the arbitration agreement stating that he is relinquishing not only the right to go to court, but also to access administrative remedies, is unconscionable.

Appellate Information

• Decided 04/26/2010
• Published 04/26/2010

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Law Offices of Russell F. Behjatnia and Russell F. Bahjatnia for Petitioner., Jones Day, George S. Howard, Jr., and Kristine S. Tremble for Employers Group as Amicus Curiae on behalf of Petitioner., Altshuler Berzon, Michael Rubin, Rebecca Smullin; Lavi & Ebrahimian, N. Nick Ebrahimian, Joseph Lavi, Jordan D. Bello; The deRubertis Law Firm and David M. deRubertis for Real Party in Interest., McGuinn, Hillsman & Palefsky, Cliff Palefsky and Keith Ehrman for California Employment Lawyers Association as Amicus Curiae on behalf of Real Party in Interest.


• For Appellees:
  
• No appearance of Respondent.