Yeroushalmi v. Benecity
Benecity, Inc., Andrea Rossetto, Yasmina Berriche, and M. Ziyed MBazaia (collectively, appellants) appealed from an order denying their petition to compel arbitration of Monica Yeroushalmis claims against appellants, including claims for employment discrimination under the California Fair Employment and Housing Act (FEHA) (Govt. Code, 12900 et seq.) and for wrongful discharge. Appellants contended that the trial court erred in finding the arbitration provision in Benecitys employment agreement unconscionable and ruling that the unconscionable terms should not be severed. Appellants Berriche and MBazaia filed an appeal on March 23, 2006; appellants Benecity, Inc. and Andrea Rossetto separately filed an appeal on March 24, 2006.
This case came before us for oral argument on March 21, 2007. At that time, due to the near certainty of additional appeals if the parties did not settle and the likely substantial court costs relative to the amount at stake in the case, we recommended that the parties attempt to settle the case and request dismissal of the appeals. They agreed to do so. We continued oral arguments twice while the parties worked out a settlement. On July 12, 2007 and July 17, 2007, in accordance with the terms of their settlement agreement, the parties filed joint notices of settlement and requests for dismissal of the appeals in which the parties stipulated to the settlement of all issues between all parties. In accordance with this request, Court dismiss the appeals.
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