California Supreme Court Watch

#23-27 Zhang v. Superior Court, S277736. (B314386; 85 Cal.App.5th 167; Los Angeles County Superior Court; 21STCV19442.) Petition for review after the Court of Appeal denied a petition for writ of mandate in a civil action. This case presents the following issues:

(1) If an employer files a motion to compel arbitration in a non-California forum pursuant to a contractual forum-selection clause, and an employee raises as a defense Labor Code section 925, which prohibits an employer from requiring a California employee to agree to a provision requiring the employee to adjudicate outside of California a claim arising in California, is the court in the non-California forum one of “competent jurisdiction” (Code Civ. Proc., § 1281.4) such that the motion to compel requires a mandatory stay of the California proceedings?

(2) Does the presence of a delegation clause in an employment contract delegating issues of arbitrability to an arbitrator prohibit a California court from enforcing Labor Code section 925 in opposition to the employer’s stay motion?

Petition for review granted: 2/15/2023

Case fully briefed: 7/19/2023

Dismissal order filed: 11/25/2025

“In light of procedural developments associated with the motion to compel arbitration filed by Real Party in Interest Dentons U.S. LLP, review in this matter is dismissed. (See Cal. Rules of Court, rule 8.528(b).) On the court’s own motion, the opinion in the above-entitled appeal filed November 9, 2022 which appears at 85 Cal.App.5th 167 is hereby ordered not citable and nonprecedential. (Cal. Const., art. VI, section 14; Cal. Rules of Court, rule 8.1125(c)(2).)”

See the Court of Appeal Opinion.