Duitch

One World Networks Integrated Technologies, Inc. v. Duitch

Good Law
103 Cal. App. 4th 1038·127 Cal. Rptr. 2d 843·2002 Cal. App. LEXIS 5012·2002 Daily Journal DAR 13161·19 I.E.R. Cas. (BNA) 631
Court of Appeal of CaliforniaNovember 21, 2002B159249California2,332 words

Opinion

Opinion

Vogel, J.

An executive who left her job to work for a competing firm was sued by her former employer for breach of contract, and she and her new employer were sued on various unfair competition theories. The executive, in turn, initiated an arbitration to resolve a salary dispute with her former employer, and the former employer counterclaimed against the executive in the arbitration proceedings. After the arbitrator ruled that the former employer’s counterclaims were covered by the arbitration agreement executed by the executive and her former employer, the former employer dismissed the executive from this lawsuit. The new employer then asked the trial court to stay the arbitration of the former employer’s counterclaims against the executive, and the request was granted. The former employer appeals, contending a stay may be sought only by a party to the arbitration agreement, and that the new employer lacked standing to intrude into the arbitration process. We agree with the former employer, reverse the challenged order, and do not reach the other issues raised on this appeal.

Facts

In 1999, Nancy Duitch went to work for One World Networks Integrated Technologies, Inc., as its…

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