Ruling by
Gail Ruderman FeuerLower Court
Los Angeles County Superior CourtLower Court Judge
Stephanie M. BowickDefendants' extreme delay in filing a fictitious business name to try to enforce arbitration agreement with former employee may have constituted a waiver of the right to arbitrate.
Court
California Courts of Appeal 2DCA/7Cite as
2022 DJDAR 11358Published
Nov. 3, 2022Filing Date
Nov. 2, 2022Opinion Type
ModificationDisposition Type
Vacated and RemandedCase Fully Briefed
Sep. 26, 2022Oral Argument
Oct. 6, 2022ALBERT VILLAREAL,
Plaintiff and Respondent,
v.
LAD-T, LLC, et al.,
Defendants and Appellants.
No. B313681
(Los Angeles County
Super. Ct. No. 20STCV32252)
California Court of Appeal
Second Appellate District
Division Seven
Filed November 2, 2022
ORDER MODIFYING OPINION
(NO CHANGE IN APPELLATE JUDGMENT)
THE COURT:
The above-entitled opinion filed on October 20, 2022 is modified as follows:
On page 22, in the second to last sentence of the last paragraph, replace "FSG files" with "defendants file," so the sentence reads:
In addition, if defendants file a second motion to compel arbitration, this would further delay the trial court proceeding (now two years after Villareal filed this action) given the need for the filing, scheduling, and briefing on a new motion.
There is no change in the appellate judgment.
PERLUSS, P.J.
SEGAL, J.
FEUER, J.
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