Blake

Diana C. Blake (plaintiff) worked for Gordon Ecker Productions, Inc. After allegedly suffering sexual harassment, she left and sued the company and various individuals with whom she had worked (defendants), all of whom she claimed were responsible for such harassment. Defendants moved to compel arbitration, their motion was granted, and plaintiff’s civil action was stayed pending the arbitration. Plaintiff, who wanted a jury trial, took no steps to actually initiate the arbitration proceedings. In August 2000, the Supreme Court’s decision in Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83 [ 99 Cal.Rptr.2d 745 , 6 P.3d 669 ] (Armendariz) was filed; it invalidated certain forms of employment-related arbitration agreements.

In October 2000, defendants, who apparently had also taken no action to move the arbitration process forward (beyond obtaining an order to compel), moved to dismiss plaintiffs complaint for lack of prosecution. In partial response to that motion, plaintiff moved to vacate the order compelling arbitration, citing Armendariz , and set it for hearing on the same day as defendants’ motion to dismiss. The trial court granted the…