Pearson Dental Supplies v. Super. Ct. 8/21/08 CA2/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B206740

Case Date: 11/19/2008

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Filed 8/21/08

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

PEARSON DENTAL SUPPLIES, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LUIS TURCIOS, Real Party in Interest.

B206740 (Los Angeles County Super. Ct. No. BC359605)

ORIGINAL PROCEEDINGS in mandate. Alan S. Rosenfield, Judge. Petition granted. Law Offices of Russell F. Behjatnia and Russell F. Behjatnia for Petitioner. No appearance for Respondent. Lavi & Ebrahimian, N. Nick Ebrahimian and Jordan D. Bello for Real Party in Interest.

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Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of part 2 of the Discussion.

INTRODUCTION Plaintiff Luis Turcios sued his former employer, defendant Pearson Dental Supplies, Inc., for age discrimination under the California Fair Employment and Housing Act (FEHA), among other claims. His employment agreement with defendant contained a mandatory arbitration clause for employment-related claims, and provided that any such claim is waived, unless submitted to arbitration within one year from the date the dispute arose or from the date plaintiff first became aware of facts giving rise to the dispute. Applying this provision in court-ordered arbitration, the arbitrator found that plaintiff had failed to timely submit his FEHA claim to arbitration. Therefore, the arbitrator granted summary judgment for defendant. The trial court, however, vacated the arbitration award on the ground, inter alia, that the one-year limitation period impermissibly infringed on plaintiff's unwaivable statutory rights under the FEHA, and that therefore the arbitrator had exceeded his power in enforcing the one-year limit. (Code Civ. Proc.,

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