Doe

Doe v. Lawyers for Employee and Consumer Rights CA2/6

Caution
Court of Appeal of CaliforniaMarch 21, 2024B330052California1,919 words

Opinion

Opinion

FACTS

Doe was a former employee of LFECR. She entered into an employment agreement that contained an arbitration provision. It provided, among other things, that all disputes regarding her employment be resolved by binding arbitration subject to the Federal Arbitration Act “with a duly authorized representative of the American Arbitration Association (‘AAA’) in accordance with AAA’s procedures.” Doe claimed she was wrongfully terminated. On February 25, 2022, Doe filed a demand for arbitration with the AAA. The AAA sent notices to the parties that arbitration fees must be paid. One notice to LFECR stated, “ ‘As this arbitration is subject to California Code of Civil Procedure [section] 1281.97, payment must be received by April 13th, 2022 or the AAA will close the parties’ case.’ ” LFECR owed AAA fees in the amount of $1,950, which were due by October 2, 2022. AAA sent notice to LFECR that its payment was due within 30 days as required by section 1281.97, and if payment was not made by that date, then AAA would close its case. LFECR did not pay the fees by the 30-day due date. It sent in the payment seven days after the deadline. On October 13, 2022, Doe informed AAA and LFECR…

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