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reconsideration

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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De Leon v. Juanita’s Foods, No. B315394, 2022 Cal. App. LEXIS 974 (Ct. App. Nov. 23, 2022)

Defendant employer failed to pay the arbitrator's fees within 30 days.  Accordingly, the trial court correctly granted plaintiff's motion for reconsideration of the order compelling arbitration.  CCP 1287.98 allows a party to avoid arbitration under an employment or consumer contract if the party that drafted the arbitration agreement and moved to compel arbitration does not pay arbitration fees within 30… Read More

Coastline JX Holdings LLC v. Bennett, No. G059552, 2022 Cal. App. LEXIS 593 (Ct. App. July 7, 2022)

The trial court correctly denied defendant's motion for reconsideration of its order granting the judgment creditor the right to execute on defendants' IRA and ERISA plan interest because the motion failed to cite new facts or law.  However, the trial court then properly exercised its inherent authority to reconsider its order because the reconsideration motion brought to its attention the… Read More