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Appellate Court Update for November 2023


In this case, Kail DeLeon sued his former employer, Aerotek, Inc. and Juanita’s Foods. The parties had an arbitration agreement. The Superior Court granted defendants’ motion to compel arbitration. After DeLeon commenced arbitration proceedings with JAMS, JAMS invoiced Aerotek and Juanita’s Foods for filing fees and a deposit for services. Payment was due within 30 days. Aerotek timely paid its fees. Three months elapsed and Juanita’s Foods failed to pay JAMS. DeLeon filed a motion in the Superior Court to vacate the order compelling arbitration. Juanita’s Foods then belatedly paid JAMS’ fee. The Superior Court held that under Code of Civil Procedure sec. 1281.98, Juanita’s Foods was materially in breach of the arbitration agreement because it failed to pay JAMS’ fees within 30 days. Juanita’s Foods appealed. The Second District Court of Appeal affirmed the trial court’s ruling and held that the trial court was not required to consider any other factors such as prejudice to DeLeon.

DeLeon v. Juanita’s Foods, case no. B315394

November 23, 2022

Second District

An arbitrator’s power to correct an award after it has been issued to the parties is limited to evident miscalculations of figures or descriptions of persons, things or property. (Code of Civil §§1286.6, subd. (c) and (d).) Once the 30-day period for correction under Code of Civil Procedure §1284 runs, the award is final, and the arbitrator’s jurisdiction ends. In this case, the arbitrator made an award in favor of plaintiff. More than 30 days after service of the award, plaintiff sought an award of attorneys’ fees. The arbitrator issued a corrected award, including an award of fees and costs. The First District held the corrected award exceeded the arbitrator’s powers.

Taska v. RealReal, Inc., case no. A164130

November 4, 2022

First District


The San Diego Unified School District required all students to be vaccinated against COVID-19 to attend classes in person and to participate in sports and extracurricular activities. The Fourth District Court of Appeal held that state law pre-empts local legislature regulating vaccinations. Since the State of California has not adopted legislation requiring students to be vaccinated against COVID-19, a local school district has no authority to require it.

Let Them Choose v. San Diego Unified School District, case no. D079906

November 22, 2022

Fourth District

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