Smith v. CF United CA3

Filed 12/4/24 Smith v. CF United CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

ANTHONY SMITH, C099314

Plaintiff and Respondent, (Super. Ct. No. STK-CV-

UOE-2019-0008249)

v.

CF UNITED, LLC, et al.,

Defendants and Appellants.

This case requires us to interpret and apply Code of Civil Procedure section 1281.97,1 which provides, “In an employment . . . arbitration that requires . . . the [employer] to pay certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date,” the employee is permitted to withdraw from arbitration and proceed in court, and the court is required to impose sanctions…