Matthews-Deaton v. El Torito Restaurants
Filed 8/15/06 Matthews-Deaton v. El Torito Restaurants CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| KATHLEEN MATTHEWS-DEATON, et al., Plaintiffs and Respondents, v. EL TORITO RESTAURANTS, INC., et al., Defendants and Appellants. | B180881 (Los Angeles County Super. Ct. No. BC319387) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Ernest Hiroshige, Judge. Reversed and remanded with directions.
Lewis Brisbois Bisgaard & Smith, Roy G. Weatherup, John L. Barber and Catherine J. Coble for Defendants and Appellants.
Law Offices of Jason L. Oliver and Jason L. Oliver; Law Offices of Philip Kay, Philip Edward Kay and Lawrence Anthony Organ; Law Offices of John W. Dalton and John W. Dalton for Plaintiffs and Respondents.
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SUMMARY
An employer appeals from the trial court's denial of a petition to compel arbitration of its former employees' FEHA and related claims. We reverse and remand with directions to the trial court to enter a new and different order severing provisions for the payment of attorneys' fees and arbitration fees and then granting the petition to compel arbitration.
FACTUAL AND PROCEDURAL SYNOPSIS
In July 2004, Kathleen Matthews-Deaton, Abby Buffalo and Emmy Littler filed a complaint against El Torito Restaurants, Inc., Acapulco Restaurants, Inc., and Carlos Espana, asserting causes of action for sexual harassment, discrimination and related claims (Gov. Code, § 12940 et seq.) and, to the extent the defendants might assert these claims were subject to arbitration agreements, for declaratory relief that any â€
