The Court of Appeal published a ruling affirming a Riverside Superior Court’s decision not to halt a nurses’ labor case.
Three Desert Regional Medical Center nurses brought labor cases in either July, 2015, or July, 2016*, each claiming unpaid rest wages. The hospital requested the court force the suits into arbitration, and to halt the case while they negotiated with the nurse’s union in a separate case which began May, 2015.
Riverside Superior Judge Kira Klatchko denied the hospital’s requests for each case Sept. 29, 2020, Sept. 30, 2020, and Nov. 6, 2020, after ruling that the hospital had waived its right to compel arbitration.
The hospital appealed each denial. They argued that the trial court legally can not decide whether the right to arbitration has been waived, and that, even if the court did, there was not enough evidence to prove that the hospital had waived the right.
The Court of Appeal agreed with Klatchko that the hospital had waived its right to compel arbitration.
The court found that the hospital had waited too long to compel arbitration. The hospital filed its petitions four years after the nurses filed their claims with the labor commissioner, and 12 months after the labor commissioner issued the nurses an award.
“DRMC’s conduct was inconsistent with an intent to arbitrate Respondents’ individual claims, DRMC invoked the litigation machinery, including filing a de novo appeal of the Labor Commissioner’s decision in state court, and DRMC delayed petitioning to compel arbitration for a substantial period of time, which was prejudicial to Respondents,” the court ruled.
Case information
Edward McLoughlin and Michael Turner of Hill Farrer & Burrill represented Desert Regional Medical Center.
Max Norris and Jessica Fry of the Department of Industrial Relations Division of Labor Standards Enforcement represented the nurses.
Riverside Superior Judge Kira Klatchko presided.
Case Nos. PSC1905547, PSC1905545 and PSC1905549.
Appellate Case Nos. E076058, E076069 and E076205.
Read the ruling here.
*Court documents have conflicting information.
