Tuesday, April 11, 2023

Should arbitration appeals have an automatic stay?

Attorney General Bonta Signs on as Co-Sponsor of Senator Wiener’s Legislation to End Harmful Delay Tactics in Forced Arbitration

  • California Attorney General Rob Bonta today announced that his office is co-sponsoring Senate Bill 365 (SB 365), legislation by Senator Scott Wiener aimed at leveling the legal playing field with respect to forced arbitration. SB 365 seeks to put an end to a legal loophole in forced arbitration cases where corporations are able to automatically delay court proceedings during the pendency of an appeal on a failed motion to compel arbitration, directly hampering access to justice for workers and consumers. SB 365 has been referred to the Senate Judiciary Committee, and will be heard this afternoon.
  • Under current California law, corporations are able to abuse arbitration provisions to delay court actions by workers and consumers for years through the appeals process. When a court denies a defendant’s petition to compel a case to private arbitration, current law allows corporations in many cases to halt proceedings by filing an appeal that can take months or years to be heard. Meanwhile, workers and consumers are forced to wait as the harms they face go unaddressed.
  • SB 365 is also sponsored by the California Employment Lawyers Association (CELA) and Consumer Attorneys of California (CAOC).

Pasadena Magazine has issued its Pasadena Top Attorneys 2023, which includes listings for Appellate Practice. Oddly, however, of the 14 lawyers listed, only 3 are actually in Pasadena--and others are as far away as Manhattan Beach and Woodland Hills. Go figure!