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CCP 1287.98

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Cvejic v. Skyview Capital, LLC (2023) 92 Cal.App.5th 1073, 309 Cal.Rptr.3d 891, 2023 Daily Journal D.A.R. 6448

Defendant employer did not pay its arbitration fees within 30 days after their due date.  Under CCP 1287.98, plaintiff therefore had and exercised the right to withdraw his claim from arbitration and pursue it in court.  The arbitrator or arbitration administrator had no power to avoid the effect of defendant's nonpayment by extending the due date after defendant's default.  Also,… Read More