Hernandez

Filed 5/22/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

MASSIEL HERNANDEZ, B323303

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. 21STCV26283)

SOHNEN ENTERPRISES, INC.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Steven I. Goorvitch, Judge. Reversed. Wolflick, Khachaturian & Bouayad, Gregory D. Wolflick and Theodore S. Khachaturian for Defendant and Appellant. Moon Law Group, Kane Moon, Christopher L. Garcia and Sara Salinas for Plaintiff and Respondent.

____________________ After an employer failed to pay arbitration costs within 30 days of the due date, the employee filed a motion to withdraw from arbitration and litigate in state court as permitted under California Code of Civil Procedure section 1281.97.1 The trial court found the employer breached the arbitration agreement and granted the motion. On appeal, the employer contends that the Federal Arbitration Act (FAA; 9 U.S.C. § 1 et seq.) governs the parties’ arbitration agreement and preempts section 1281.97. First, we conclude…