Cal. Court of Appeal Issues Writ of Mandate Finding that CCP § 1291.98 Was Not Preempted by the FAA

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On 5/6/25, in Sanders v. Sup. Ct., the California Court of Appeals granted the plaintiff employee's petition for writ of mandate, and held that the trial court had erred in denying the plaintiff employee's motion to vacate its order compelling arbitration due to the employer's failure to timely pay arbitration fees under Cal. Code of Civ. Proc. § 1281.98. The Court found that section 1281.98 was a procedural rule that furthers the Federal Arbitration Act's ("FAA") goal of expeditious arbitration, and that the section was therefore not preempted by the FAA.  The Court therefore granted the plaintiff's petition for writ of mandate.

https://www4.courts.ca.gov/opinions/documents/B340707.PDF

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