Legal Memos

Suarez v. Superior Court (2024) 99 Cal.App.5th 32.  This was an arbitration matter in which an employee alleged that the employer had not timely paid its share of an arbitrator’s initial filing fee, and the stay for arbitration should therefore be set aside.  The Court of Appeal agreed, finding that the employer waived its right to arbitrate by not timely paying its share of the fee and that was true because the extension of time provided for electronic service of documents is inapplicable to the email transmission of an arbitration provider’s fee invoice and the employer had materially breached the arbitration agreement by failing to pay and could not own avoid the consequences of the breach by arguing that the employee’s share had not been paid either.

Baker v. Specific Oaks Education Corporation (2024) 99 Cal.App.5th 77.  This is a case which sought to hold a child care facility libel in a class action for unlawful conduct under the unfair competition law on the basis of licensing violations.  The Court of Appeal, however, found that the licensing violations had not been demonstrated in that using annual aggregate enrollment data did not establish that a particular number of children were physically present at any given time and thus did not establish that the child care facility had ever exceeded its lawful capacity.  The statutory reference to capacity in the Health and Safety Code that was not tied to enrollment and had no bearing on the regulatory definition of capacity.


Related Attorney(s):
Gregory L. McCoy