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| Case Name | Elijahjuan et al. v. the Superior Court of Los Angeles County | |
|---|---|---|
| Date | 10/17/2012 | |
| Note | A trial court judge erred in directing a dispute between four workers and their employer based on their alleged misclassification as independent contractors to arbitration, since the terms of the agreement that some of the workers had signed only compelled arbitration for disputes regarding the application or interpretation of that agreement. | |
| Citation | B234794 | |
| WCC Citation | WCC 39432012 CA |
Hireem Elijahjuan et al. v. the Superior Court of Los Angeles County No. B234794 /17/2012 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT HIREEM ELIJAHJUAN ET AL. , PETITIONERS, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, RESPONDENT; MIKE CAMPBELL & ASSOCIATES, LTD. , ET AL. , REAL PARTIES IN INTEREST. In contrast, here the court stayed litigation on the alleged violations of the Unfair Business Practices Act. "An appellate court has discretion to treat a purported appeal from a non-appealable order as a petition for writ of mandate. "(Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal. 4th 83, 97; Truly Nolen of America v. Superior Court (2012) 208 Cal. App. 4th 487, 498. )If the trial court were to conclude that the arbitration provision is not unconscionable, then I would order the trial court to reinstate the order compelling arbitration.
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