Espinoza v. Super. Ct.
Annotate this Case
Plaintiff filed claims for discrimination and retaliation against her former employer, defendant and real party in interest Centinela Skilled Nursing & Wellness Centre West, LLC. The trial court granted Defendant’s motion to stay litigation and compel the parties to proceed in arbitration. When Defendant failed to pay its arbitration fees by a statutory deadline, Plaintiff moved the trial court to lift the stay of litigation and allow her to proceed in court. The trial court denied the motion, and Plaintiff filed the instant petition for a writ of mandate directing the trial court to reverse that denial.
The Second Appellate District granted the petition for writ of mandate. The court directed g the trial court to (1) vacate its order denying Plaintiff’s motion under Code of Civil Procedure sections 1281.97 and 1281.99; (2) enter an order lifting the stay of litigation and allowing Plaintiff to bring her claims in court; and (3) conduct further proceedings on Plaintiff’s motion for sanctions under section 1281.99.
The court agreed with Plaintiff that, based on the plain language as well as the legislative history of section 1281.97, the Legislature intended courts to apply the statute’s payment deadline strictly. Thus, under section 1281.97, subdivision (a)(1), Defendant was in material breach of the arbitration agreement even though, as the trial court found, the delay in payment was inadvertent, brief, and did not prejudice Plaintiff. Further, the court rejected Defendant’s argument that the FAA preempts section 1281.97.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.