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Appeals

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In this wage and hour dispute, defendant was not entitled to a writ of mandate to overturn a district court scheduling order setting trial on the issue of whether plaintiff’s contracts were employment agreements in interstate commerce and thus exempt from the Federal Arbitration Act, since defendant has an adequate remedy on appeal from any order denying its motion to… Read More

Defendant was unable to challenge domestic violence protective order on the ground that he had not consented to have a court commissioner decide the issue, because he impliedly consented to have the commissioner decide the matter by participating in the hearing and couldn’t produce an oral record of the proceedings proving he had withheld consent at that time.  Read More

Mandate was denied because it was not clear that the contractual forum selection clause applied to the claims plaintiff alleged and because the only harm petitioner would suffer by raising the issue on a normal post-judgment appeal was the cost of the trial proceedings.  Read More

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