California Code of Civil Procedure 1281.99 – (a) The court shall impose a monetary sanction against a …
(a) The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the drafting party to pay the reasonable expenses, including attorney’s fees and costs, incurred by the employee or consumer as a result of the material breach.
(b) In addition to the monetary sanction described in subdivision (a), the court may order any of the following sanctions against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.
Terms Used In California Code of Civil Procedure 1281.99
- Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
- Consumer: means an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes. See California Code of Civil Procedure 1280
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Drafting party: means the company or business that included a predispute arbitration provision in a contract with a consumer or employee. See California Code of Civil Procedure 1280
- Employee: means any current employee, former employee, or applicant for employment. See California Code of Civil Procedure 1280
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(1) An evidence sanction by an order prohibiting the drafting party from conducting discovery in the civil action.
(2) A terminating sanction by one of the following orders:
(A) An order striking out the pleadings or parts of the pleadings of the drafting party.
(B) An order rendering a judgment by default against the drafting party.
(3) A contempt sanction by an order treating the drafting party as in contempt of court.
(Added by Stats. 2019, Ch. 870, Sec. 6. (SB 707) Effective January 1, 2020.)