Motion to compel arbitration--Tentative ruling-- Denied?

Question

What has been your experience with ruling reversals after oral arguments? Lawyer says ruling sticks 97% of the time. The arbitration agreement is so flawed it appears to to not meet the test of actually even being an arb agreement.

The case is a wrongful termination case with a Fortune 500 firm in California.

A Motion to Compel Arbitration was filed by defense. An opposition motion was filed by us. Defense used out dated arb provision in the original motion. (They looked BAD!) Defense filed a reply to our Opposition Motion.

Judge had it for 10 days before issueing a tentative ruling. Oral arguments occur this Tues.

I have confidence in the lawyer; it's one of the best firms in town. But if the Arbitration provision is not enforceable, it changes the case a great deal--individuals can be named.

We have a powerful case where the employee was terminated for not performing unlawful acts directed by super.

Thx a million!

Answer 1

Well, the laws on this vary greatly from state to state, and you did not give any details about the details of the dispute, what kind of arbitration was involved, or any other details of the lawsuit. You also indicated that you have an attorney. If you don't agree with the attorney's opinion, then you need to actually go and PAY another attorney for a second opinion. Make sure you bring with you a copy of your file, so they can properly evaluate the case.

The general rule on appeals is that the findings of FACT by a lower court will not be reversed on appeal absent an abuse of discretion. Also, rulings which are discretionary by a trial court generally will not be reversed, again, without an abuse of that discretion. An abuse of discretion is generally defined as "a finding or a ruling which no reasonable person would sustain given the facts of the situation". Realize also that an appellate court does not weigh facts or hear evidence. They rule only on issues of law and procedure.

That said, if there is a finding of law that the judge has violated, then there is a *possibility* that it will be overturned on appeal. However, if your lawyer has said he thinks that is unlikely, then listen to him/her. Ask him/her to explain the reasons behind it. If you still don't agree, then seek out a second opinion.

If you need an attorney for a second opinion and don't know one, contact your local or state bar association for a referral.