Pearson Dental Supplies v. Super.Ct.
Filed 9/13/10 Pearson Dental Supplies v. Super.Ct. CA2/4
Opinion on remand from S. Ct.
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
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 denied.
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.
INTRODUCTION
Following termination from his
position as a janitor, 67-year old Luis Turcios (Turcios) filed suit against
his employer Pearson Dental Supplies, Inc. (Pearson) for, among other things,
age discrimination in violation of the California
Fair Employment and Housing Act (Gov. Code, § 12900 et seq.). Pearson filed a petition to compel
arbitration based upon a dispute resolution agreement Turcios had
executed. (§ 1281.12.)[1] The trial court granted the petition, sending
the matter to arbitration. The
arbitrator granted summary judgment
to Pearson, finding that the arbitration was time barred.
The parties filed cross-petitions in
the trial court to confirm and to vacate the arbitration award entered in
Pearson's favor. The trial court vacated
the award, finding that the arbitrator had misapplied the relevant tolling
statute in concluding that the arbitration was time barred. (§ 1281.12.) The trial court â€
| Description | Following termination from his position as a janitor, 67-year old Luis Turcios (Turcios) filed suit against his employer Pearson Dental Supplies, Inc. (Pearson) for, among other things, age discrimination in violation of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.). Pearson filed a petition to compel arbitration based upon a dispute resolution agreement Turcios had executed. (§ 1281.12.)[1] The trial court granted the petition, sending the matter to arbitration. The arbitrator granted summary judgment to Pearson, finding that the arbitration was time barred. |
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