The trial court need not consider additional factors aside from the late payment of arbitration fees in deciding whether there was a material breach under section 1281.98 of California’s Code of Civil Procedure, the California Court of Appeal recently said.
In the case of De Leon v. Juanita’s Foods, the respondent filed against Aerotek, Inc. and Juanita’s Foods a civil complaint alleging 20 claims relating to his former employment. Aerotek filed a motion to compel arbitration based on an arbitration agreement.
