Khalatian v. Prime Time Shuttle
Annotate this CasePlaintiff filed suit against defendants, alleging various wage and hour violations of the Labor Code, as well as other causes of action. On appeal, defendants challenged the trial court's denial of their motion to compel arbitration of claims based on the alleged misclassification of plaintiff as an independent contractor rather than an employee. The court found that the Federal Arbitration Act (FAA), 9 U.S.C. 1 et seq., applies to the parties’ arbitration agreement, and all of plaintiff’s claims are arbitrable; defendants did not waive their right to arbitration even though they waited 14 months after the complaint was filed to move to compel arbitration; plaintiff cannot demonstrate prejudice from the delay, which is determinative; and the court reversed the trial court’s order denying the petition to compel arbitration and remand the case to the trial court with instructions to enter an order compelling arbitration of all of plaintiff’s claims.
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