Home/Case Law/Pedro Orantes vs. First Dodge Marin, Sonic Automotive
Regular DecisionRemoval

Pedro Orantes vs. First Dodge Marin, Sonic Automotive

Filed: Aug 18, 2008
SRO 111817

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted applicant's petition for removal, rescinding the trial judge's order to cancel a hearing on a Labor Code section 132a discrimination claim. The WCAB found that a superior court's order compelling arbitration and staying WCAB proceedings was invalid due to lack of jurisdiction. The superior court cannot enjoin or interfere with the WCAB's proceedings. Therefore, the case is returned to the trial level for further proceedings on the applicant's discrimination claim.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted applicant's petition for removal, rescinding the trial judge's order to cancel a hearing on a Labor Code section 132a discrimination claim. The WCAB found that a superior court's order compelling arbitration and staying WCAB proceedings was invalid due to lack of jurisdiction. The superior court cannot enjoin or interfere with the WCAB's proceedings. Therefore, the case is returned to the trial level for further proceedings on the applicant's discrimination claim.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.