Litigation & Arbitration,
California Supreme Court
Nov. 10, 2022
When is it too late to arbitrate?
After a customer paid with $100 in counterfeit bills during plaintiff's shift, he was terminated, and, on Nov. 22, 2019, plaintiff sued the Company for, among other things, wrongful termination, age discrimination, retaliation, and harassment. The Company answered plaintiff's complaint and asserted plaintiff should be compelled to arbitrate his claims, however, the Company did not move to compel the complaint to arbitration when it filed its answer.
The Supreme Court of California recently decided to review a case where the Court of Appeal reversed an order denying a petition to compel arbitration that was filed thirteen months after plaintiff's lawsuit was filed.
In Quach v. California Commerce Club (2022) 78 Cal.App.5th 470, Plaintiff worked for California Commerce Club (Commerce Club or Company) supervising activity on the gambling floor of a casino, and he signed an arbitra...
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