Background
This employment action involves allegations of race discrimination and related claims. On August 1, 2016, plaintiff filed a complaint against his former employer. On December 8, 2016, the Court denied defendant’s motion to compel arbitration. The same day, plaintiff filed this opposed motion for sanctions pursuant to Code of Civil Procedure section 128.7, arguing the arbitration motion was frivolous. On January 3, 2017 (the originally noticed hearing date) the Court continued the hearing to March 9, 2017 pursuant to the parties’ stipulation, which indicated that the parties were to mediate on February 24, 2017. On February 9, 2017, defendant filed a notice of appeal of the ruling denying its motion to compel arbitration. On February 17, 2017, the Court continued the hearing to the present date. The Court considered the moving and opposition papers, and DENIES the motion as follows.
Standard
Adequate notice and opportunity to be heard on a motion for monetary sancti
Hearing Date
March 20, 2017
Type
Other Employment Complaint (General Jurisdiction)
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Background
This employment action involves allegations of race discrimination and related claims. On August 1, 2016, plaintiff filed a complaint against his former employer. On December 8, 2016, the Court denied defendant’s motion to compel arbitration. The same day, plaintiff filed this opposed motion for sanctions pursuant to Code of Civil Procedure section 128.7, arguing the arbitration motion was frivolous. On January 3, 2017 (the originally noticed hearing date) the Court continued the hearing to March 9, 2017 pursuant to the parties’ stipulation, which indicated that the parties were to mediate on February 24, 2017. On February 9, 2017, defendant filed a notice of appeal of the ruling denying its motion to compel arbitration. On February 17, 2017, the Court continued the hearing to the present date. The Court considered the moving and opposition papers, and DENIES the motion as follows.
Standard
Adequate notice and opportunity to be heard on a motion for monetary sancti