Filed March 3, 2014
C.C.P. § 1281.9 ..................................................................................... 21, 22 Cal. C.C.P. § 1286.2 ........................................................................................... 23 Case 8:11-cv-00734-CJC-JCG Document 52 Filed 03/03/14 Page 6 of 30 Page ID #:1883 - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION The Arbitrator, Justice Richard Neal (Ret.), was supposed to decide whether Masimo created an intolerable working condition and retaliated against two salesmen who quit and sued Masimo.
Filed December 13, 2011
See 24 Cal.3d at 448 n. 7. Among the legal issues raised was the question of delegation of authority. The court found no impermissible delegation because: (a) there was no. total abdication of the city manager's discretion as initial discipline remained with that officer and. (b) the authority delegated was “subject to adequate judicial safeguards,” the court citing, among other authorities, the provisions of a Statute, California Code of Civil Procedure §1286.2, which establishes as the exclusive grounds for vacating an arbitration award five circumstances going to the jurisdiction, integrity, and fairness of the arbitration proceeding. See 24 Cal.3d at 452.