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.4^th 809, 818.

*IF BOTH PARTIES WOULD LIKE TO SUBMIT ON THE COURT’S TENTATIVE RULING, PLEASE NOTIFY THE COURTROOM 213-633-0655*