Judge

Judge v. Superior Court CA2/7

Good Law
Court of Appeal of CaliforniaAugust 15, 2016B267694California6,737 words

Opinion

Opinion

Segal, J.

INTRODUCTION

When is an arbitration award not an arbitration award? When it does not “include a determination of all the questions submitted to the arbitrators the decision of which is necessary in order to determine the controversy,” as required by Code of Civil Procedure section 1283.4.1 And when it is not an arbitration award, it cannot be vacated. In this original proceeding, we issue a writ of mandate directing the trial court to vacate its order vacating an award that did not qualify as an arbitration award under section 1283.4.

FACTUAL AND PROCEDURAL BACKGROUND

A. Germaine Judge’s Two Actions This litigation arises out of two actions filed by Germaine Judge against Pama Management Company, Nijjar Realty Inc., Mike Nijjar, Swaranjit Nijjar (collectively, the Nijjar defendants), and several other individuals. The first case, filed on May 6, 2011 (Super. Ct. L.A. County, No. BC460592; the individual/PAGA action), alleged various Labor Code violations and other employment-related causes of action, including claims for unpaid compensation, meal and rest period premiums, waiting time penalties, wage statement violations, failures to maintain adequate workplace temperature,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.