New CA Arbitration/Employment Case
California Case Summaries™
Know the New Cases to Win Your Cases
Every year California courts publish over 500 new civil cases, and many of them significantly change California law. California civil attorneys need to know the new case law!
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Is an Employment Separation Release Agreement Valide?
Is a release agreement given to an employee before their last day on the job enforceable? Last month, the Second District Court of Appeal addressed this issue.
New CA Arbitration/Employment Decision
Castelo v. Xceed Financial Credit Union (2023) _ Cal.App.5th _ , 2023 WL 3515225: The Court of Appeal affirmed the trial court’s order denying a motion to vacate the arbitration award and it’s judgment confirming the arbitration award. Plaintiff sued her former employer for wrongful termination and age discrimination in violation of the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) The case was submitted to the to binding arbitration pursuant to the stipulation of the parties. The arbitrator granted defendant’s motion for summary judgment on the basis that plaintiff’s claims were barred by a release in her separation agreement. The Court of Appeal concluded that the arbitrator correctly ruled the release did not violate Civil Code section 1668. Plaintiff signed the separation agreement after she was informed of the decision to terminate her but before her last day on the job. At the time she signed, she already believed that the decision to terminate her was based on age discrimination and that she had a valid claim for wrongful termination. The alleged violation of FEHA had already occurred, even though the claim had not yet fully accrued. Accordingly, the release did not violate section 1668 because it was not a release of liability for future unknown claims. (C.A. 2nd, May 18, 2023.)
Mediation, Arbitration & Referee Services
I help attorneys and their clients settle cases as a mediator, fairly decide cases as an arbitrator, and fairly decide issues as a referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance (bad faith, coverage, UIM) probate (trusts and estates), real property, and torts (elder abuse, medical malpractice, personal injury, product liability and wrongful death). As a Zoom expert, I conduct Zoom and in-person hearings throughout California. To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600,
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Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
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