California Supreme Court Watch

#25-106 Colon-Perez v. Security Industry Specialists, Inc., S289702. (A168297; 108 Cal.App.5th 403; Alameda County Superior Court; 21CV004546.) Petition for review after the Court of Appeal affirmed orders in a civil action. The court ordered briefing deferred pending decision in Hohenshelt v. Superior Court, S284498 (#24-98), which presents the following issue: Does the Federal Arbitration Act (9 U.S.C. § 1 et seq.) preempt state statutes prescribing the procedures for paying arbitration fees and providing for forfeiture of the right to arbitrate if timely payment is not made by the party who drafted the arbitration agreement and who is required to pay such fees?

Petition for review granted; briefing deferred: 4/16/2025

Transferred to CA 1/1 after hold: 11/19/2025

See the Court of Appeal Opinion.

In the news: Afar & Ebsworth, California says that preemption does not excuse untimely payment of arbitration invoices, Daily Journal (Feb. 18, 2025).