Abramson

Abramson v. Juniper Networks, Inc.

Good Law
115 Cal. App. 4th 638·2004 Cal. App. LEXIS 151·9 Cal. Rptr. 3d 422·20 I.E.R. Cas. (BNA) 1665·2004 Cal. Daily Op. Serv. 1107
Court of Appeal of CaliforniaFebruary 6, 2004No. H025840California10,057 words

Opinion

lead Opinion

McAdams, J.

*644 Opinion

Plaintiff David Abramson sued his former employer and four of its employees, asserting breach of contract, wrongful termination, and other claims. Plaintiff’s employment agreement contained arbitration provisions, which he challenged as unenforceable. The trial court rejected plaintiff’s challenges and ordered the parties to arbitration. Following an interim appeal, several motions, and two abortive attempts at arbitration, the trial court entered defense summary judgment on the ground that plaintiff had failed to exhaust his arbitration remedies.

In this appeal, plaintiff continues to assert the invalidity of the arbitration agreement and the orders and judgment flowing from it. For their part, defendants ask us to dismiss the appeal, to limit its scope, or to affirm the judgment.

As we explain in an unpublished portion of the opinion, we decline to dismiss the appeal. We also decline to limit the scope of the appeal. On the merits, we conclude that the arbitration agreement is unenforceable in its entirety. We therefore reverse the judgment.

FACTS AND PROCEDURAL HISTORY

In March 1999, plaintiff began working for defendant Juniper Networks, Inc., as its director…

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