California Supreme Court Watch

#17-331 OTO, L.L.C. v. Kho, S244630. (A147564; 14 Cal.App.5th 691; Alameda County Superior Court; RG15781961.) Petition for review after the Court of Appeal reversed an order denying a petition to compel arbitration in a civil action. This case presents the following issues: (1) Was the arbitration remedy at issue in this case sufficiently “affordable and accessible” within the meaning of Sonic-Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109 to require the company’s employees to forego the right to an administrative Berman hearing on wage claims? (2) Did the employer waive its right to bypass the Berman hearing by waiting until the morning of that hearing, serving a demand for arbitration, and refusing to participate in the hearing?

Review granted: 11/29/2017

See the California Court of Appeal opinion.