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| Case Name | Pearson Dental Supplies v. Superior Court of Los Angeles | |
|---|---|---|
| Date | 04/26/2010 | |
| Note | Where a clear error of law by an arbitrator means that an employee subject to a mandatory arbitration agreement will be deprived of a hearing on the merits of an unwaivable statutory employment claim, the award may be vacated. | |
| Citation | S167169 | |
| WCC Citation | WCC 36172010 CA |
IN THE SUPREME COURT OF CALIFORNIA PEARSON DENTAL SUPPLIES, INC. , Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Los Angeles County Respondent; S167169 Ct. App. 2/4 B206740 Super. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Luis Turcios was hired as a janitor by defendant Pearson Dental Supplies, Inc. , in February 1999. On October 2, 2006, plaintiff filed a complaint against defendant in Los Angeles Superior Court alleging age discrimination in violation of the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq. Defendant petitioned the superior court to confirm the award on December 5, 2007. Second, if the arbitrator did make such an error, was that sufficient grounds for the trial court to vacate the arbitration award?
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