Judge: Malcolm Mackey, Case: BC688571, Date: 2023-03-07 Tentative Ruling
Case Number: BC688571 Hearing Date: March 7, 2023 Dept: 55
RAMIREZ
v. DARDEN RESTAURANTS BC688571
Hearing Date: 3/7/23,
Dept. 55
#8: PETITION TO
CONFIRM ARBITRATION AWARD.
Notice: Okay
No
Opposition
MP:
Defendants
RP:
Summary
On 12/28/17, Plaintiff filed a Complaint alleging that
Defendant, as Plaintiff’s former employer, wrongfully discriminated and
terminated her employment, based upon her pregnancy, and failed to reimburse
for work expenses.
The causes of action are:
1. DISCRIMINATION IN
VIOLATION OF GOV’T CODE §12940 ET SEQ.
2. HARASSMENT IN
VIOLATION OF GOV’T CODE §I294O ET SEQ.
3. RETALIATION IN
VIOLATION OF GOV’T CODE §l2940 ET SEQ.
4. FAILURE TO PREVENT
DISCRIMINATION, HARASSMENT, AND
RETALIATION IN VIOLATION OF GOV’T CODE §12940(k)
5. FAILURE TO PROVIDE
REASONABLE ACCOMMODATIONS IN VIOLATION OF GOV’T CODE §I294O ET SEQ.
6. FAILURE TO ENGAGE IN A
GOOD FAITH INTERACTIVE PROCESS IN VIOLATION OF GOV’T CODE §12940 ET SEQ.
7. WRONGFUL TERMINATION
IN VIOLATION OF PUBLIC POLICY
8. DECLARATORY JUDGMENT
9. FAILURE TO INDEMNIFY
(CAL. LABOR CODE §2802).
MP
Positions
Moving parties request the Court to confirm an
arbitration award, on grounds including the following:
·
The Arbitrator was appointed in accordance
with the arbitration agreement "Dispute Resolution Process."
·
The Arbitrator considered the parties’
submissions.
·
The final award provides that Claimant
Selene Ramirez shall not recover any sum or amount, or have any other remedy.
·
Respondent was not awarded attorneys’ fees
or costs.
Tentative
Ruling
The unopposed motion is granted.
Unless a petition or response, seeking to correct or
vacate an arbitration award was filed properly based upon valid grounds, or the
proceeding is dismissed, courts are required to enter judgment in conformity
with the arbitration award. Valsan
Partners Ltd. Partnership v. Calcor Space Facility (1994) 25 Cal.App.4th
809, 818.
*IF BOTH PARTIES WOULD LIKE TO SUBMIT ON THE COURT’S
TENTATIVE RULING, PLEASE NOTIFY THE COURTROOM 213-633-0655*